1985-09-23 CITY COUNCIL REGULAR MEETING MINUTES135
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF PEARLAND, TEXAS, HELD ON
SEPTEMBER 23, 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
Tom Reid
James Bost
Richard Tetens
Dennis Frauenberger
Terry Gray
Ronald J. Wicker
Luke L. Daniel
City Secretary Kay Krouse
Absent from the meeting: Councilman Al Lentz
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Councilman/Mayor Pro Tem James Bost. The Pledge of
Allegiance was led by Councilman Terry Gray.
APPROVAL OF MINUTES
It was moved by Councilman Tetens, seconded by Councilman Gray, that the Minutes of
the Regular Meeting of September 9, 1985 be approved as submitted.
Motion passed 3 to 0. Councilman Bost abstaining.
MAYOR'S ACTIVITY REPORT
Mayor Reid passed this item until later in the agenda.
COUNCIL ACTIVITY REPORT: None
DEPARTMENTAL REPORTS
City Manager Ron Wicker requested that the Council call a workshop on the proposed
revisions to the Land Use and Urban Development Ordinance for September 30, 1985, at
7:30 P. M. in the Council Chambers.
CITIZENS: None
DOCKETED PUBLIC HEARING
1. LAND USE CHANGE APPLICATION NO. 148 - Thomas G. Rives, Agent for Faith Baptist
Church, Owner, from Classification Planned Unit (PU) to Medium Density Single
Family Dwelling District (R-2) on a 3.896 Acre Tract Out of that Certain Tract of
Land in the W.D.C. Hall Survey, Abstract #70, Brazoria County, Texas. (3801
Liberty Drive)
PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE:
1. Reverend Brad Ottosen, Jr., 17625 Wellborn, Manvel, Texas
Reverend Ottosen stated he is pastor of the Faith Baptist Church and, speaking
for his church members, he is requesting the rezoning so that they can sell the
property. If the rezoning is approved, they intend to seek a Specific Use Permit
for the use of the building as a day-care, school and recreation purposes, the
same as it has been used for in the past.
PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: None
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QUESTION AND ANSWER PERIOD:
City Manager Ron Wicker explained that the Faith Baptist Church members had
originally requested a different type zone change and the Planning and Zoning
Commission denied this request. They then came back to staff and asked for advice.
Based on discussions with the Staff and some input from the City Attorney, it was
recommended that they come back in with a request for zone change to R-2 with a
Specific Use Permit which would allow a recreational use of the building as it was
originally built. Mr. Wicker stated that Staff has no problem with what is being
proposed.
Mayor Reid read a letter from the Planning and Zoning Commission dated September 20,
1985, as follows:
September 20, 1985
The Honorable Mayor and City Council
City Hall
Pearland, Texas 77588
Gentlemen:
At their regular meeting on September 3, 1985, the Planning and Zoning Commission
held a public hearing on Application No. 148, 'Phomas G. Rives, Agent for Faith
Baptist Church, Owner, for an amendment to the Land Use and Urban Development
Ordinance from classification Planned Unit (PU) to Medium Density Single Family
Dwelling District (R-2). A motion was made by Clyde Starns, seconded by Charlie
Mack, that the Planning and Zoning Commission recommend to City Council approval of
Application No. 148 for a zone change from Planned Unit (PU) to Medium Density Single
Family Dwelling District. Motion passed 4 to 0.
The Planning and Zoning Commission is submitting this for Council's consideration.
Sincerely,
/s/ Leroy Savoie, Chairman
Planning and Zoning Commission
ADJOURN
COMPLETE TAPE OF HEARING ON FILE IN THE OFFICE OF THE CITY SECRETARY
CHANGE IN THE ORDER OF BUSINESS
MAYOR'S ACTIVITY REPORT
Mayor Reid introduced Representative Jack Harris of District 27 from the audience.
Representative Harris remarked that if anyone from the City had any dealings with the
State that he could possibly help them with to please let him know. Representative
Harris also asked for everyone's support for -the Water Plan for Texas that will be
voted on November 5.
Mayor Reid explained that Representative Harris was instrumental in the State
legislature in the passing of the Brazos Bend Water Authority Bill. Mayor Reid
thanked Representative Harris for his assistance and also presented him a newly _
printed brochure concerning the Brazos Bend Water Authority.
Because of the recent devastating earthquakes in Mexico City, Mayor Reid asked for a
moment of silent prayer and called on Reverend Ottosen to conduct a short prayer to
support the efforts of all and the concerns of all for the earthquake victims.
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NEW BUSINESS
COUNCIL DECISION ON APPLICATION NO. 148, THOMAS G. RIVES, AGENT FOR FAITH BAPTIST
CHURCH, OWNER
It was moved by Councilman Gray, seconded by Councilman Tetens, that the City
Attorney be instructed to prepared the necessary ordinance for Land Use change from
Planned Unit (PU) to Medium Density Single Family Dwelling District (R-2) on request
made in Application No. 148, Thomas G. Rives, Agent for Faith Baptist Church, Owner.
Motion passed 4 to 0.
DEPARTMENTAL REPORTS (Continued)
City Manager Ron Wicker explained that he had met with Mr. Bill Miller, Architect for
the new City Hall and they had discussed new cost projections for the project. Mr.
Miller stated that they had run detailed cost estimates on the project and came up
with a cost of $1,891,000.
Mr. Miller presented design drawings on the front elevation of the proposed City
Hall, rear elevation and each end of the building. He also presented for Council's
review detailed designs for each of the three floors.
City Manager Ron Wicker stated that in comparing the new City Hall with the present,
the present City Hall has about 5,000 square feet; the new City Hall will have
approximately 10,000 square feet on each floor. This will allow for considerable
growth of the City in the next 10 years. Hopefully, Mr. Wicker said, if we can get
the good interest rates next January or February, we can sell the bonds then for the
new City Hall and work can begin in early Spring.
THE MEETING RECESSED AT 8:19 P. M. - RECONVENED AT 8:26 P. M.
UNFINISHED BUSINESS
ORDINANCE NO. 450-2, AN ORDINANCE AMENDING ORDINANCE NO. 450, POLICEMEN'S CIVIL
SERVICE ORDINANCE
Ordinance No. 450-2 read in caption by Councilman Bost. (Second Reading)
It was moved by Councilman Bost, seconded by Councilman Tetens, that Ordinance No.
450-2 be passed and approved on the second and final reading. Said Ordinance No.
450-2 reads in caption as follows:
ORDINANCE NO. 450-2
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING
CLASSIFICATION FOR ALL POLICEMEN, ESTABLISHING THE NUMBER
OF AUTHORIZED POSITIONS IN EACH CLASSIFICATION; ESTAB-
LISHING GROSS MONTHLY PAY SCHEDULES FOR EACH CLASSIFICA-
TION, ALL PURSUANT TO SECTION 8A OF ARTICLE 1269m,
V.A.C.S. OF TEXAS; PROVIDING A SEVERABILITY CLAUSE, A RE-
PEALING CLAUSE, AN EFFECTIVE DATE, AND CONTAINING 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.
ORDINANCE NO. 501, AN ORDINANCE ESTABLISHING FEES TO RECOVER COSTS EXPENDED BY WATER
AND SEWER ACCOUNTING AND COLLECTION DEPARTMENT IN PROCESSING RETURNED CHECKS
Ordinance No. 501 read in caption by Councilman Gray. (Second Reading)
It was moved by Councilman Gray, seconded by Councilman Bost, that Ordinance No. 501
be passed and approved on the second and final reading. Said Ordinance No. 501 reads
in caption as follows:
1 `-2 R
ORDINANCE NO. 501
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING
FEES TO RECOVER COSTS EXPENDED BY THE WATER AND SEWER
ACCOUNTING AND COLLECTION DEPARTMENT OF THE CITY IN PRO-
CESSING RETURNED CHECKS; HAVING A SAVINGS CLAUSE; HAVING
A REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN
EFFECTIVE DATE.
Voting "Aye" - Councilman Gray, Councilman Frauenberger, Councilman Bost, and
Councilman Tetens.
Voting "No" - None
Motion passed 4 to 0.
ORDINANCE NO. 497, AN ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 1985.
ORDINANCE NO. 498, AN ORDINANCE LEVYING TAXES AND PROVIDING FOR INTEREST AND SINKING
FUND
ORDINANCE NO. 500, AN ORDINANCE ADOPTING A REVENUE SHARING BUDGET FOR ENTITLEMENT
PERIOD OCTOBER 1, 1985 - SEPTEMBER 30, 1986
The above three items were passed to a future agenda.
NEW BUSINESS (Continued)
ADJUSTMENTS IN THE COUNCIL CONTINGENCY FUND
City Manager Wicker advised that the Staff recommended to the City Council that the
following items be charged to the 1984-85 Council Contingency Fund:
DESCRIPTION AMOUNT
Police Overtime Code 3109-2210 $ 7,000
Inspection Laborer/Inspectors
Code 3103-3310 7,000
Sanitation Overtime
Code 3109-3350 8,000
E.M.S. Insurance Code 5501-2260 3,000
$25,000
It was moved by Councilman Frauenberger, seconded by Councilman Bost, that the
recommendation from the Staff regarding items to be charged to the 1984-85 Council
Contingency Fund be approved.
Motion passed 4 to 0.
ADJUSTMENTS AND ENCUMBRANCES FROM THE 1984-85 BUDGET
City Manager Wicker advised that the Staff recommended to the City Council that the
following be encumbered in the 1984-85 fiscal year:
$120,000.00 Ike Hall, Inc. for 1985 Street Rehabilitation
12,000.00 Restroom Facility - Independence Park
It was moved by Councilman Gray, seconded by Councilman Frauenberger, that $120,000
for Ike Hall for the 1985 Street Rehabilitation Program and $12,000 for restroom
facilities at Independence Park be encumbered from the 1984-85 fiscal year.
Motion passed 4 to 0.
OFFICIAL NEWSPAPER
City Manager Wicker explained that we received only one bid, that being from the
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Pearland Journal. They have served as official newspaper in the past and he would
recommend approval.
It was moved by Councilman Gray, seconded by Councilman Tetens, that the Journal be
designated as the official newspaper for the City of Pearland from October 1, 1985 to
September 30, 1986, for the amount of ten (10) cents per word.
Motion passed 4 to 0.
Resolution No. R85-21 read in full by Councilman Frauenberger.
It was moved by Councilman Frauenberger, seconded by Councilman Gray, that Resolution
No. R85-21 be passed and approved on first and only reading. Said Resolution No.
R85-21 reads in caption as follows:
RESOLUTION NO. R85-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BY AND
BETWEEN THE CITY OF PEARLAND AND THE PEARLAND JOURNAL.
Voting "Aye" - Councilman Gray, Councilman Frauenberger, Councilman Bost, and
Councilman Tetens.
Voting "No" - None
Motion passed 4 to 0.
RESOLUTION NO. R85-22, RESOLUTION NOMINATING A CANDIDATE FOR THE BOARD OF DIRECTORS
OF BRAZORIA COUNTY APPRAISAL DISTRICT
Mayor Reid advised that this item is not ready for Council consideration at this time
and will be passed to a future agenda.
BID NO. B85-18, DRAINAGE IMPROVEMENTS IN SHERWOOD I AND II, WESTMINISTER, AND
NOTTINGHAM SUBDIVISIONS
Council reviewed the following bids:
COMPANY
LUMP SUM BID
BID BOND
ADDENDA RECEIVED
IRRIGATION CONSTRUCTION COMPANY
$839,037.00
X
X
MARK D. ADKINSON CONTRACTOR
591,563.20
X
X
SKAGGS ENGINEERING CORP.
649,426.85
X
X
G & C UTILITIES
533,567.50
X
X
PAS -KEY CONSTRUCTION, INC.
856,202.16
X
X
KENNETH LAMB CONSTRUCTION
959,631.00
X
X
RAMEX CONSTRUCTION CO, INC.
886,440.00
X
X
BAYTOWN CONSTRUCTION CO, INC.
653,550.00
X
X
KINSEL INDUSTRIES, INC.
675,271.00
X
X
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Public Works Director Bill Thomasset explained to the Council that we took bids on
the entire project which was designed by Walsh Engineering that would adequately
drain the entire area. The bid package proposed that we can take any portion
thereof. We are not committed to any particular portion of the project. Mr.
Thomasset presented for Council's review a plan of the area divided into five
different projects with an additional project listed for ditch excavation and
driveway/sidewalk culverts, with the cost listed for each. This drainage work
supports what has already been done on FM 518 at Barry Rose. Mr. Thomasset stated
this is going to be a very difficult project; we will be going into easements that
have never been occupied before; some are fenced in and landscaping done.
It was moved by Councilman Gray, seconded by Councilman Bost, that Bid No. B85-18,
Drainage Improvements in Sherwood I and II, Westminister, and Nottingham Subdivisions
be awarded to G & C Utilities, Inc. for a total cost of $533,567.50; the Mayor be
authorized to sign the contract and the money be paid out of the appropriate funds.
Motion passed 4 to 0.
AUTHORIZATION TO AWARD CONTRACT TO SOUTHWESTERN LABORATORY FOR MATERIALS TESTED IN
SEWER PLANT EXPANSIONS
City Manager Ron Wicker advised that based on the recommendation of Public Works
Director Bill Thomasset, we are recommending the City enter into contract with
Southwestern Laboratories for professional services in materials testing for the
sewer treatment plants expansion.
It was moved by Councilman Bost, seconded by Councilman Frauenberger, that the Mayor
be authorized to execute a contract between the City and Southwestern Laboratories
for materials tested in Barry Rose and Longwood sewer plant expansions and Twin Creek
Woods Lift Station.
Motion passed 4 to 0.
APPROVAL OF THE FOLLOWING INVOICES
(a)•. It was moved by Councilman Tetens, seconded by Councilman Bost, that invoice
dated August 19, 1985, Christopher Di Stefano & Associates, Inc., for
Architect's Supervision on Construction of Public Safety Facility, in the
amount of $1,325.45 be approved and payment made from the appropriate fund.
Motion passed 4 to 0.
(b) It was moved by Councilman Tetens, seconded by Councilman Gray, that invoice
dated September 16, 1985, Christopher Di Stefano & Associates, Inc., for
Architect's Supervision on Construction of Public Safety Facility, in the
amount of $990.53 be approved and payment made from the appropriate fund.
Motion passed 4 to 0.
(c) It was moved by Councilman Tetens, seconded by Councilman Frauenberger, that
Contractor's Application for Payment No. 1, LEBCO Constructors, Inc., for
construction of Public Safety Facility, in the amount of $94,675.00 be
approved and payment made from the appropriate fund.
Motion passed 4 to 0.
(d) It was moved by Councilman Tetens, seconded by Councilman Bost, that
Contractor's Application for Payment No. 2, LEBCO Constructors, Inc., for
construction of Public Safety Facility, in the amount of $70,752.00 be
approved and payment made from the appropriate fund.
Motion passed 4 to 0.
(e) It was moved by Councilman Tetens, seconded by Councilman Bost, that Invoice
No. 9358, Dansby & Miller, AIA Architects, for architectural services on the
new Administration Building, Schematic Design Phase, in the amount of
$16,200.00 be approved and payment made from the appropriate fund.
Motion passed 4 to 0.
(f) It was moved by Councilman Tetens, seconded by Councilman Bost, that
Estimate No. 4, Mainland Construction Co., for construction of FM 518
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Drainage Crossing, Project No. 85-5, in the amount of $22,113.45 be approved
and payment made from the appropriate fund.
Motion passed 4 to 0.
(g) It was moved by Councilman Tetens, seconded by Councilman Frauenberger, that
Estimate No. 2, Ike Hall, Inc., for 1985 Street Rehabilitation Program in
the amount of $44,580.23 be approved and payment made from the appropriate
fund.
Motion passed 4 to 0.
(h) This item was passed to a future agenda.
OTHER BUSINESS
MEETING RECESSED TO EXECUTIVE SESSION AT 9:00 P. M. UNDER TEXAS REVISED CIVIL
STATUTES, ARTICLE 6252-17, SECTION 2
- SUBSECTION (e) LEGAL - Contemplated and Pending Litigation: (1) Nunez and
Beal vs City; (2) Figueroa vs City; and (3) Article 1269m V.A.T.C.S.
SUBSECTION (f) ACQUISITION OF REAL PROPERTY: (1) Discussion of City Policy
on Sewer Line Extensions, and (2) 11.9 Acres on Clear Creek.
- SUBSECTION (g) PERSONNEL - Discussion of Vacation and Sick Leave Benefits
for City Council Appointee.
MEETING RETURNED TO OPEN SESSION AT 10:04 P. M. - NO ACTION TAKEN
The meeting adjourned at 10:04 P. M.
Minutes approved as submitted and/or corrected this day of
A. D., 1985.
Mayor
ATTEST:
City S retary