1984-02-13 CITY COUNCIL REGULAR MEETING MINUTES118
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON
FEBRUARY 13, 1984, AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVE., PEARLAND, TEXAS.
The Meeting was called to order with the following present:
Mayor
Councilman/Mayor Pro Tem
Councilman
Councilman
Councilman
City Manager
City Attorney
Assistant City Secretary
Tom Reid
Charles R. Mack
James E. Bost
Al Lentz
Terry Gray
Ronald J. Wicker
Bobby Williams
Kay Krouse
Absent from the Meeting: Councilman Dennis Frauenberger
INVOCATION AND PLEDGE OF ALLEGIANCE:
The Invocation was given by Councilman Bost. The Pledge of Allegiance was led by Assis-
tant City Secretary Kay Krouse.
APPROVAL OF MINUTES:
It was moved by Councilman Lentz, seconded by Councilman Mack that the Minutes of the
Public Hearing held on January 19, 1984, be approved as submitted.
Motion passed 3 to 0. Councilman Bost abstained.
It was moved by Councilman Bost, seconded by Councilman Lentz that the Minutes of the
Regular Meeting held on January 23, 1984, be approved as submitted.
Motion passed 4 to 0.
It was moved by Councilman Lentz, seconded by Councilman Bost that the Minutes of the
Public Hearing held on January 26, 1984, be approved as submitted.
Motion passed 3 to 0. Councilman Gray abstained.
MAYOR'S ACTIVITY REPORT:
Ms. Nancy Litofsky was not present at the Meeting to receive the Proclamation for the
Future Business Leaders of America - Phi Beta Lambda Week.
COUNCIL ACTIVITY REPORTS:
Councilman Bost reported that he attended a Future Growth Committee of the Pearland
Independent School District the last Tuesday in January. He stated that they are working
very hard and are very concerned with the growth of the Community and the School District
in particular, and that possibly a large bond issue would be forthcoming in the Fall or
early Winter of next year.
DEPARTMENTAL REPORTS:
City Manager Wicker reported on the installation of our new night depository at the
drivein window for the payment of water bills.
City Manager Wicker also reported on the status of Dixie Farm Road. He stated that we
are ready to pour the concrete, and should have a useable road within the next 60 days
weather permitting.
City Manager Wicker reported on the work progress at the Barry Rose Sewer Plant due to
the collapse of two walls. Hopefully, within this week we should be able to put it back
into operation.
CITIZENS:
Kent Sullivan, 2506 Frances Dr., Pearland, was not present at the Meeting.
John D. Garner, of Municipal Engineering - Mr. Garner, representing Luther Cunningham,
appeared before the City Council with a request for a variance from the required residen-
tial building setback of 100' from pipeline easements. He stated that Mr. Cunningham
is replatting a portion of Mimosa Acres Tract. There is a pipeline running through
Block One of this replat, and several lots would be affected by the 100' building setback
requirement. He stated that this pipeline also runs through Corrigan North and Willow -
crest Subdivisions which carries crude oil and not anything dangerous, and that Mr.
Cunningham would like to get the building line waived to the pipeline easement rather
than 100' off the pipeline easement.
CHANGE IN ORDER OF BUSINESS
NEW BUSINESS:
REQUEST BY JOHN D. GARNER FOR'VARIANCE IN SUBDIVISION ORDINANCE, SECTION 27.4, D, (5),
RELATING TO BUILDING SETBACK LINES NEAR OIL OR GAS`PIPELINES IN MIMOSA ACRES:
A discussion followed concerning future lines being put in this easement, owned by
Texas Company, and what they could carry. It was brought out that the houses in Willow -
crest and Corrigan North were built before our Ordinance, concerning pipeline setbacks,
was in effect.
It was also pointed out that since the Ordinance, the most deviation granted by the
Council from the 100' setback has been 65' from the edge of the easement.
It was moved by Councilman Lentz, seconded by Councilman Gray that the request of John
Garner for variance in Subdivision Ordinance, Section 27.4, D, (5), relating to the 100'
building setback lines near oil or gas pipelines easement be reduced to 65' that has been
done in the past.
Motion passed 3 to 1. Councilman Gray voted against.
CHANGE IN ORDER OF BUSINESS
UNFINISHED BUSINESS:
APPOINTMENTS TO ELECTRICAL BOARD AND LIBRARY BOARD:
It was moved by Councilman Bost, seconded by Councilman Gray that Chris Brooks be re-
appointed to the Electrical Board for a two-year term, and that Faye Hunter and Judy
Demecs be reappointed to the Library Board for a term of three years.
Motion passed 4 to 0.
NEW BUSINESS:
RESOLUTION NO. R84-5, A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE DELINQUENT TAX COL-
LECTION CONTRACT WITH CALAME, LINEBARGER & GRAHAM:
Mayor Reid read a memo from Barbara Lenamon, Tax Assessor -Collector, recommending approval
of the Contract with Calame, Linebarger & Graham for the collection of delinquent taxes.
Resolution No. R84-5 read in full by Councilman Mack.
It was moved by Councilman Mack, seconded by Councilman Bost that Resolution No. R84-5
be passed and approved on first and only reading. Said Resolution No. R84-5 reads in
caption as follows:
imi
RESOLUTION NO. R84-5
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 CALAME, LINEBARGER AND
GRAHAM.
Voting "Aye": Councilman Gray, Councilman Mack, Councilman Bost, and Councilman Lentz.
Voting "No". None
Motion passed 4 to 0.
SPECIFIC USE REQUEST BY HOUSTON PIPE LINE COMPANY TO CONSTRUCT A BUILDING AT ITS PEAR -
LAND DISTRICT OFFICE AND WAREHOUSE COMPLEX ON MYKAWA:
City Manager Wicker stated that Houston Pipe Line wants to expand their facilities on
their property which is presently zoned PU and is a non -conforming use as such. Since
they are a utility agency they have certain rights for their office and facilities. He
stated further that under our current ordinance in a PU district it does allow the
existence of a utility -type operation in a PU district with a Specific Use Permit.
Mayor Reid read the following communication, dated February 9, 1984, from the Planning
and Zoning Commission:
The Honorable Mayor and City Council
City Hall
Pearland, Texas
Gentlemen:
February 9, 1984
At their regular meeting on February 7, 1984, the Planning and Zoning Commission
considered a Specific Use Request by Houston Pipe Line Company to build an additional
building at their Pearland district office and warehouse complex. At that time a motion
was made by Clyde Starns, seconded by Hardie Barr that the Planning and Zoning Commission
recommend to the City Council that the Specific Use Request by Houston Pipe Line Company,
for the construction as shown on the plan presented, be approved. The motion passed 5-0.
The Planning and Zoning Commission is now presenting this recommendation to the City
Council for their consideration.
Yours truly,
/s/ Richard F. Tetens
Richard Tetens, Chairman
Planning & Zoning Commission
RT:kk
It was moved by Councilman Bost, seconded by Councilman Mack that the Specific Use Request
by Houston Pipe Line Company for the construction of a building at their Pearland Dis-
trict Office and Warehouse Complex on Mykawa be approved.
Motion passed 4 to 0.
REVIEW OF BIDS RECEIVED, BID NO. B84-18, SEWER AND CATCH BASIN CLEANER COMBINATION TRUCK:
Bids were reviewed as follows:
VENDOR
Environmental Sales
& Services, Inc.
Environmental Sales
& Services, Inc.
. .................... ...
TOTAL BID CAB/CHASSIS COMB. UNIT
98,490. Ford F-8000 Vactor 810
$100,754. Ford Ln -8000 Vactor 810
DELIVERY
30
x:21
30 Days - Cab & Chassis
120 Days - Comb. Unit
Industrial Disposal 30-45 Days after receipt
Supply $100,989. Ford Ln -8000 Aquatech B10 of Cab & Chassis
Industrial Disposal 30-45 Days after receipt
Supply $101,422 Ford Ln -8000 Vac -All E4010 of Cab & Chassis
Naylor Supply Co. $104,500. Ford Ln -8000 Camel 200 6 - 9 Months
A LT E R N A T E S
Environmental Sales 1981 Ford Vactor 810
& Services, Inc. $ 87,000. Ln -8000 (Used) Immediate
Naylor Supply $ 99,998. Ford Ln -8000 Camel 200 60 - 90 Days
Naylor Supply'. $ 92,798. GMC Top Kick Camel 200 60 - 90 Days
Assistant City Manager Gary Jackson recommended that Environmental Sales & Services, Inc.
be awarded the bid for One Truck Mounted Combination High Pressure Vacuum and Sewer
Cleaner, in the amount of $98,490.
It was moved by Councilman Lentz, seconded by Councilman Gray that Bid No. B84-18 for One
Truck Mounted Combination High Pressure Vacuum and Sewer Cleaner be awarded to Environ-
mental Sales & Services, Inc., in the amount of $98,490. and that the purchase be equally
split between the 1982 Drainage and Sewer Bond funds.
Motion passed 4 to 0.
REVIEW OF BIDS RECEIVED, BID NO. B84-2, HATFIELD ROAD REALIGNMENT:
It was moved by Councilman Lentz, seconded by Councilman Gray to table the award of bid
on this contract until the next Council Meeting and that the Staff be authorized to look
into concrete alternate.
Motion passed 4 to 0.
ORDINANCE NO. 372-1, AN AMENDMENT TO THE FLOOD ORDINANCE:
City Manager Wicker advised the Council that FEMA has requested we adopt this ordinance
which, basically, contains just a few minor changes from the original Flood Ordinance
adopted by us in 1978.
Ordinance No. 372-1 read in caption by Mayor Reid. (First Reading)
It was moved by Councilman Bost, seconded by Councilman Mack that Ordinance No. 372-1
be passed and approved on first of two readings. Said Ordinance No. 372-1 reads in
caption as follows:
ORDINANCE NO. 372-1
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, PROVIDING FOR
STATUTORY AUTHORIZATION, FINDINGS OF FACT, STATEMENT OF
PURPOSE AND METHODS OF REDUCING FLOOD"LOSSES; CONTAINING
DEFINITIONS; PROVIDING FOR THE IDENTIFICATION OF FLOOD -
PRONE AREAS, COMPLIANCE, ABROGRATION, INTERPRETATION,
WARNING AND DISCLAIMER OF LIABILITY; PROVIDING FOR ADMIN-
ISTRATION AND ENFORCEMENT; PROVIDING FOR A PENALTY CLAUSE,-
PROVIDING
LAUSE;PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT
HEREWITH; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER
PROVISIONS RELATING TO FLOOD DAMAGE PREVENTION.
2, -'n
Voting "Aye": Councilman Lentz, Councilman Bost, Councilman Mack and Councilman Gray.
Voting "No": None
Motion passed 4 to 0.
RESOLUTION NO. R84-3, A RESOLUTION ADOPTING THE PROVISIONS OF ARTICLE 7.15 FOR CITY
OFFICERS' ELECTION:
Resolution No. R84-3 read in full by Councilman Gray.
It was moved by Councilman Gray, seconded by Councilman Lentz that Resolution No.
R84-3 be passed and approved on first and only reading. Said Resolution No. R84-3
reads in caption as follows:
RESOLUTION NO. R84-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
ADOPTING THE PROVISIONS OF ARTICLE 7.15, AND OTHER PERTINENT
PROVISIONS OF THE TEXAS ELECTION CODE, IN REGARD TO THE REGULAR
CITY OFFICERS' ELECTION TO BE HELD ON THE SEVENTH DAY OF APRIL,
1984.
Voting "Aye": Councilman Gray, Councilman Mack, Councilman Bost, and Councilman Lentz.
Voting "No": None
Motion passed 4 to 0.
RESOLUTION NO. R84-4, A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, ORDERING THE HOLDING OF A REGULAR CITY OFFICERS' ELECTION ON THE 7TH DAY OF APRIL,
1984, FOR THE ELECTION OF A MAYOR AND ONE COUNCILMAN, POSTION NO. 3:
Resolution No. R84-4 read in full by Councilman Bost and Councilman Lentz.
It was moved by Councilman Bost, seconded by Councilman Lentz that Resolution No. R84-4
be passed and approved on first and only reading. Said Resolution No. R84-4 reads in
caption as follows:
RESOLUTION NO. R84-4
A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, ORDERING THE HOLDING OF A REGULAR CITY OFFICERS' ELECTION ON
THE SEVENTH DAY OF APRIL, 1984, FOR THE PURPOSE OF ELECTING A MAYOR
AND ONE MEMBER OF THE CITY COUNCIL IN AND FOR THE CITY OF PEARLAND,
TEXAS; AND ESTABLISHING PROCEDURES FOR SAID REGULAR CITY OFFICERS'
ELECTION.
Voting "Aye": Councilman Lentz, Councilman Bost, and Councilman Gray.
Voting "No". None
Motion passed 3 to 0. Councilman Mack absent from Chambers at this time.
ORDINANCE NO. 469, CHARTER AMENDMENT ELECTION:
Ordinance No. 469 read in caption by Mayor Reid. (First Reading)
It was moved by Councilman Gray, seconded by Councilman Bost that Ordinance No. 469
be passed and approved on first of two readings. Said Ordinance No. 469 reads in
caption as follows:
ORDINANCE NO. 469
AN ORDTNANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
ORDERING A SPECIAL ELECTION TO BE HELD ON THE 7TH DAY OF APRIL,
1984; DESIGNATING THE HOURS AND PLACE FOR HOLDING SUCH ELECTION
AND PROVIDING FOR SUBMISSION TO THE VOTERS OF CERTAIN PROPOSED
CHARTER AMENDMENTS.
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Voting "Aye": Councilman Gray, Councilman Mack, Councilman Bost, and Councilman Lentz.
Voting "No": None
Motion passed 4 to 0.
APPROVAL OF TRAFFIC CONTROL DEVICES - STOP SIGN LOCATED NORTHEAST CORNER OF LAZY CREEK
AT HAMM ROAD:
It was moved by Councilman Lentz, seconded by Councilman Bost that the following traffic
device be ratified and approved:
Stop sign on the Northeast corner of Lazy Creek at Hamm Road.
Motion passed 4 to 0.
OTHER BUSINESS:
RECESSED TO EXECUTIVE SESSION - TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2,
SUBSECTION (e) LEGAL, AND SECTION 2, SUBSECTION (g) PERSONNEL AT 8:55_P.M.
RETURNED TO OPEN SESSION AT 9:10 P. M.
ORDINANCE NO. 467, AN ORDINANCE DECLARING THE NECESSITY FOR PAVING AND IMPROVEMENTS OF
PORTIONS OF LIBERTY DRIVE:
It was moved by Councilman Gray, seconded by Councilman Bost that Ordinance No. 467 be
passed and approved on first of two readings. Said Ordinance No. 467 reads in caption
as follows:
ORDINANCE NO. 467
AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE PAVING
AND IMPROVEMENT OF PORTIONS' OF LIBERTY DRIVE, CITY OF PEARLAND,
BRAZORIA COUNTY, 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 OF TEXAS; 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 COSTS AGAINST ABUTTING PROPERTIES
AND THE OWNERS THEREOF; PROVIDING FOR THE TERMS OF PAYMENT OF
SUCH ASSESSMENTS; 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; ENACTING PROVISIONS INCIDENT AND RELATING
TO THE SUBJECT; PROVIDING A SAVINGS CLAUSE AND AN EFFECTIVE DATE
HEREOF.
Voting "Aye": Councilman Lentz, Councilman Bost, Councilman Mack, and Councilman Gray.
Voting "No": None
Motion passed 4 to 0.
ORDINANCE NO. 468, AN ORDINANCE DECLARING THE NECESSITY FOR PAVING AND IMPROVEMENTS OF
PORTIONS OF SOUTH GALVESTON STREET:
It was moved by Councilman Lentz, seconded by Councilman Mack that Ordinance No. 468
be passed and approved on first of two readings. Said Ordinance No. 468 reads in
caption as follows:
ORDINANCE NO. 468
AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE PAVING
AND IMPROVEMENT OF PORTIONS OF SOUTH GALVESTON STREET, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS; APPROVING PLANS AND SPECIFICA-
TIONS 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
124
REVISED CIVIL STATUTES OF TEXAS; 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 COSTS AGAINST
ABUTTING PROPERTIES AND THE OWNERS THEREOF; PROVIDING FOR THE
TERMS OF PAYMENT OF SUCH ASSESSMENTS; 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; ENACTING PROVI-
SIONS INCIDENT AND RELATING TO THE SUBJECT; PROVIDING A SAVINGS
CLAUSE AND AN EFFECTIVE DATE HEREOF.
Voting "Aye": Councilman Gray, Councilman Mack, Councilman Bost, and Councilman Lentz.
Voting "No": None
Motion passed 4 to 0.
RETURNED TO EXECUTIVE SESSION AT 9:20 P. M.
RETURNED TO OPEN SESSION - NO ACTION
ADJOURN:
Meeting adjourned at 10:00 P. M.
Minutes approved as submitted and/or corrected this the day of
A. D., 1984.
Mayor
ATTEST:
4:ity S cretary