1984-08-27 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON
AUGUST 27, 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
Absent from the Meeting: Councilman Terry Gray
INVOCATION AND PLEDGE OF ALLEGIANCE:
Tom Reid
Dennis Frauenberger
James E. Bost
Charles R. Mack
Al Lentz
Ronald J. Wicker
Bobby Williams
Kay Krouse
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 Frauenberger, seconded by Councilman Bost that the Minutes of
the Regular Meeting held on August 13, 1984, be approved as submitted.
Motion passed 4 to 0.
It was moved by Councilman Bost, seconded by Councilman Mack that the Minutes of the
Budget Hearing held on August 22, 1984, be approved as submitted.
Motion passed 4 to 0.
MAYOR'S ACTIVITY REPORTS:
Mayor Reid issued two Proclamations, proclaiming September 22, 1984, as "American Busi-
ness Women's Day" in Pearland; Cheryl Barnett accepted in behalf of the Rosette Chapter
and Freda Kincaide accepted in behalf of the Peartree Chapter of ABWA.
Mayor Reid mentioned the letter, in the back of the Council packets, concerning`:the
Water Authority meeting to be held on August 30, 1984, at 7:30 P. M. in Pearland, and
extended a personal invitation to this meeting to Gary Jackson, Assistant City Manager
and Bill Thomasset, Public Works Director.
COUNCIL ACTIVITY REPORTS:
None
DEPARTMENTAL REPORTS:
City Manager Ron Wicker introduced Renee' Monceaux, Animal Control Officer, who reported
on rabies awareness in Pearland. She stated that there have been no confirmed cases
of rabies within the last 90 days. In the surrounding areas of Pearland, within
the last six months there have been eight confirmed cases, but no domesticated animals
nor contact with humans were involved. Out of the last 140 skunks turned in, 119 were
rabid, so it is very important for pet owners to have their pets vaccinated. On re-
quiring City license, Ms. Monceaux reported that the only way she has to enforce this is
when an owner comes to claim his pet. She further reported that three-fourths of the
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strays picked up are eventually put to sleep and she blames this on the irresponsibility
of dog owners. The difficulty in enforcing the animal ordinance, Ms. Monceaux believes,
can be alleviated by increasing the fees, thereby making the pet owners more aware of
their responsibilities.
Mayor Reid commended Ms. Monceaux on the fine job she is doing.
CITIZENS:
Mrs. Ruby Camp McPhail, 2310 Longwood, appeared before the Council to request a variance
from the Subdivision Ordinance requirement of 100 -foot building setback off pipeline
easements. She stated that she has been a resident of Pearland for 14 years and owns
two lots and a house at the corner of Longwood Dr. and McDonald; that there are Phillips
pipelines behind the lots and she is asking for a waiver on the vacant lot of 65 feet
from the pipeline easement. She explained that there are very few vacant lots on Long-
wood Dr. and submitted pictures to the Council of the corner lot, her house and
neighbor's showing the pipeline locations.
CHANGE IN ORDER OF BUSINESS
NEW BUSINESS
COUNCIL DECISION ON REQUEST BY MS. RUBY McPHAIL FOR VARIANCE FROM THE SUBDIVISION
ORDINANCE REQUIREMENT OF 100 FOOT BUILDING SETBACK OFF PIPELINE EASEMENTS
City Manager Ron Wicker reported that in the past there has been a variance granted,
in that general location, to allow 75 foot setback off the pipeline but that the
determining factor used by the Council at that time was whether it was a high pressure
or low pressure line. Mr. Wicker said he does not believe that the pipeline on Mrs.
McPhail's property is the same line nor possibly the same pressure involved.
It was moved by Councilman Frauenberger, seconded by Councilman Bost that this item
be tabled until the next regular Council meeting, or until such time that the Council
can get a reading on what is actually carried in the pipeline.
Motion passed 4 to 0.
The Council instructed Mrs. McPhail to obtain a letter from Phillips Pipeline Company
stating what is in this pipeline.
CHANGE IN ORDER OF BUSINESS
UNFINISHED BUSINESS:
Ordinance NO. 246-97 read in caption by Councilman Frauenberger. (Second Reading).
It was moved by Councilman Frauenberger, seconded by Councilman Bost that Ordinance No.
246-97 be passed and approved on the second of two readings. Said Ordinance No. 246-97
reads in caption as follows:
ORDINANCE NO. 246-97
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 Bost, Councilman Frauenberger, Councilman Mack and
Councilman Lentz.
Voting "No": None
Motion passed 4 to 0.
2 1.8
NEW BUSINESS:(Continued)
FINAL ACCEPTANCE OF REPLAT OF PORTION OF MIMOSA ACRES, BLOCKS 1,2,3,4, & 5.
Bill Thomasset, Public Works Director, stated that he had no problems with the
acceptance of this subdivision.
It was moved by Councilman Lentz, seconded by Councilman Mack that based on the recom-
mendation of the Director of Public Works, the Council accept for the City the Replat
of Portion of Mimosa Acres, Blocks 1,2,3,4 & 5 subject to the receipt of the Mainte-
nance Bond and all other necessary papers.
Motion passed 4 to 0.
RECEIPT INTO THE RECORDS THE 1984 APPRAISAL ROLL CERTIFICATION FROM BRAZORIA COUNTY
APPRAISAL DISTRICT AND CALCULATION OF EFFECTIVE TAX RATE; AND ACCEPTANCE OF 1984
APPRAISAL ROLL.
The Certification of the 1984 Appraisal Roll and Notice of Calculation of Effective
Tax Rate was read into the records by Ms. Barbara Lenamon, Tax Assessor -Collector.
They read as follows:
STATE OF TEXAS X PROPERTY TAX CODE, SECTION 26.01 (a)
COUNTY OF BRAZORIA X
CERTIFICATION OF THE 1984 APPRAISAL ROLL FOR PEARLAND
I, J. R. Gayle, Jr., Chief Appraiser for the Brazoria'County Appraisal District,
solemnly swear that the attached is that portion of the approved Appraisal Roll of the
Brazoria County Appraisal District which lists property taxable by Pearland and
constitutes the appraisal roll for Pearland, subject to additions, deletions and
corrections as provided by the Texas State Property Tax Code.
July 24, 1984 /s/ J. R. Gayle, Jr.
Date Signature of Chief Appraiser
Approval of the appraisal records by the Brazoria County Appraisal
Review Board occurred on the 11th day of July, 1984.
DISTRIBUTION OF APPRAISALS:
Real Property
Personal Property
Minerals
TOTAL APPRAISED VALUE (NET)
New Improvements since January 1, 1983
$ 15,259,980 + 485,270 = $15,745,250
Annexed Property
$ R - 14,376,510 P - 13,567,870
Total: $27,944,380
$ 331,121,930
$ 97,131,560
$ 86,830
$ 428,340,320
+ 3,196,330 - Minimum Value still under
$ 431,536,650 Protest by B.O.R.
City Tax Assessor -Collector Barbara Lenamon read into the records the calculation of
the 1984 tax rate of the City. This calculation determined the Maximum Tax Rate for
1984 to be $0.73 per $100 valuation.
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It was moved by Councilman Bost, seconded by Councilman Lentz that the 1984 Appraisal
Roll Certification submitted by the Brazoria County Appraisal District, the Calculation
of Effective Tax Rate as submitted by Barbara Lenamon, Tax Assessor -Collector, and the
1984 Appraisal Roll be accepted and entered into the records of the City.
Motion passed 4 to 0.
ORDINANCE NO. 476, AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 1984 AND ENDING SEPTEMBER 30, 1985
Ordinance No. 476 read in caption by Councilman Bost. (First Reading)
It was moved by Councilman Bost, seconded by Councilman Frauenberger that Ordinance
No. 476 be passed and approved on first of two readings. Said Ordinance No. 476
reads in caption as follows:
ORDINANCE NO. 476
AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 1984, AND ENDING
SEPTEMBER 30, 1985.
Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Frauenberger., and
Councilman Bost
Voting "No": None
Motion passed 4 to 0.
ORDINANCE NO. 477, AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF MUNICIPAL
GOVERNMENT AND PROVIDING FOR INTEREST AND SINKING FUND AND APPORTIONING EACH LEVY
FOR THE SPECIFIC PURPOSE
Ordinance No. 477 read in caption by Councilman Mack. (First Reading)
It was moved by Councilman Mack, seconded by Councilman Bost that Ordinance No. 477
be passed and approved on first of two readings. Said Ordinance No. 477 reads in
caption as follows:
ORDINANCE NO. 477
AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT TO THE
MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND
PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE
YEAR 1984 AND APPORTIONING EACH LEVY FOR THE SPECIFIC
PURPOSE
Voting "Aye": Councilman Bost, Councilman Frauenberger, Councilman Mack and Councilman
Lentz
Voting "No": None
Motion passed 4 to 0.
ORDINANCE NO. 478, AN APPROPRIATION ORDINANCE ADOPTING A REVENUE SHARING BUDGET FOR
THE ENTITLEMENT PERIOD BEGINNING OCTOBER 1, 1984 AND ENDING SEPTEMBER 30, 1985
Ordinance No. 478 read in caption by Councilman Lentz. (First Reading)
It was moved by Councilman Lentz, seconded by Councilman Frauenberger that Ordinance
No. 478 be passed and approved on first of --two readings. Said Ordinance No. 478 reads
in caption as follows:
ORDINANCE NO. 478
AN APPROPRIATION ORDINANCE ADOPTING A REVENUE SHARING BUDGET
FOR THE ENTITLEMENT PERIOD NO. 16 BEGINNING OCTOBER 1, 1984
AND ENDING SEPTEMBER 30, 1985.
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Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Frauenberger and Council-
man Bost
Voting "No": None
Motion passed 4 to 0.
RESOLUTION NO. R84-21, A RESOLUTION SUPPORTING DRAINAGE STRUCTURE ACROSS FM 518 AT
MARY'S CREEK BYPASS
Resolution No. R84-21 read in full by Councilman Frauenberger.
It was moved by Councilman Frauenberger, seconded by Councilman Lentz that Resolution
No. R84-21 be passed and approved on first and only reading. Said Resolution No.
R84-21 reads in caption as follows:
RESOLUTION NO. R84-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, TO SUPPORT THE PLACEMENT OF AN ADEQUATE DRAINAGE
STRUCTURE ACROSS FM 518 AT MARY'S CREEK BYPASS
Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Frauenberger and
Councilman Bost
Voting "No": None
Motion passed 4 to 0.
It was noted that Councilman Frauenberger would present this Resolution to the Highway
Commission at a meeting in Austin on August 30, 1984. City Manager Ron Wicker would
also be in attendance at this meeting along with representatives of the other govern-
mental agencies mentioned in the Resolution.
REVIEW AND POSSIBLE AWARD OF BID NO. B84-15, ONE NEW TWENTY CUBIC YARD REFUSE BODY
The following bids reviewed by the City Council:
VENDOR
Environmental Sales & Service, Inc.
Industrial Disposal Supply Co.
Texas Municipal Truck Equipment, Inc.
Texas Municipal Truck Equipment, Inc
Basic Waste Systems, Inc.
MAKE PRICE DELIVERY DATE
Leach Sanicruiser $19,300 14 days
E -Z Pack $19,899 30 days
Pak -Mor Model 100 $16,900 20-30 days
Pak -Mor Model 200 $17,700 20-30 days
Heil 4000 $16,958 2 weeks
Assistant City Manager Gary Jackson reviewed the history of this item, explaining that
back in January the City took bids on refurbishing of a packer body and subsequently
awarded the bid to Basic Waste Systems, Inc. After that time we experienced many prob-
lems keeping our garbage trucks running and had to cannibalize the packer body that
was to be rebuilt, which in turn totally altered all the bids received. Therefore,
._t
upon receipt of a cab and chassis, it was recommended by Staff that the Council reject
that bid and go out for bids again. Mr. Jackson said he believed even the manager of
Basic Waste stated there was no possible way to live up to their bid since it was
based on everything being there to refurbish and now it is not. This time on Bid B84-15
we are requesting bids on a new packer body. Mr. Jackson stated that he recommends
the award of this bid to the low bidder, Texas Municipal Truck Equipment, Inc.
It was moved by Councilman Bost, seconded by Councilman Frauenberger that Bid No. B84-
15 for one new twenty cubic yard refuse body be awarded to the low bidder, Texas
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Municipal Truck Equipment, Inc. in the amount of $16,900 for a Pak -Mor Model 100 and
payment made out of the appropriate funds.
Motion passed 4 to 0.
REVIEW AND POSSIBLE AWARD OF BID NO. B84-16, 1984 STREET MAINTENANCE PROGRAM
The following bids were reviewed by the City Council:
BASE BID ALTERNATIVE BID
COMPANY 2 -COURSE PENETRATION 1111 -INCH HOT MIX
Ike Hall, Inc. $78,812.02 $102,465.31
Brown & Root, Inc. $92,283.90 $124,415.65
Bill Thomasset, Public Works Director stated he is recommending the award of bid to the
low bidder, Ike Hall, Inc. on the Base Bid.
It was moved by Councilman Lentz, seconded by Councilman Bost that Bid No. B84-16,
1984 Street Maintenance Program be awarded to Ike Hall, Inc. in the amount of
$78,812.02 and that payment be made out of Street Maintenance Funds.
Motion passed 4 to 0.
REVIEW AND POSSIBLE AWARD OF BID NO. B84-17, CITY SERVICE CENTER PARKING LOT
The following bids were reviewed by the City Council:
COMPANY
PRICE
Ike Hall, Inc. $ 9,129.54
Haddock Construction $12,614.70
It was moved by Councilman Mack, seconded by Councilman Frauenberger that Bid No. B84-
17, City Service Center Parking Lot be awarded to Ike Hall, Inc. in the amount of
$9,129.54, and payment be made out of the appropriate funds.
Motion passed 4 to 0.
APPROVAL OF INVOICES:
It was moved by Councilman Lentz, seconded by Councilman Bost that the following
invoices be approved for payment from the appropriate funds:
(a) Invoice No. 196, Snowden Engineering in the amount of $1,307.75 for
Engineering Services on Liberty Dr. and Galveston Street Paving Projects.
(b) Invoices from Thigpenn Engineering, one in the amount of $5,000.00 and
one in the amount of $2,400.00 for Professional Services on Development
of Master Water Plan.
(c) Invoice No. 523, Wayne Smith & Associates, Inc. in the amount of
$4,041.81 for Engineering Services on Drainage Work at FM 518 and
Barry Rose Road.
(d) Invoice from Ramex Construction Company, Inc., Estimate No. 3, in the
amount of $146,965.00 for improvements to Liberty Dr. and South Galveston
Street.
Motion passed 4 to 0.
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RATIFICATION OF APPOINTMENT OF MRS. DORIS DITTA TO BOARD OF DIRECTORS OF BRAZORIA
COUNTY MUNICIPAL UTILITY DISTRICT NO. 7
City Manager Ron Wicker stated that it is customary that the Council either ratify or
appoint someone from the Pearland area to serve on the initial board of the MUD
districts. He said Mrs. Ditta does not live inside Pearland City Limits, but has, since
1970, lived in the proximity of our City Limits. She has been appointed by the Brazoria
County Municipal Utility District No. 7 and at this point they are asking that their
appointment be ratified.
It was moved by Councilman Mack, seconded by Councilman Bost that the ratification of
appointment of Mrs. Doris Ditta to the Board of Directors of Brazoria County Municipal
Utility District No. 7 be approved.
Motion passed 3 to 0. Councilman Lentz out of the Chambers at the time.
AUTHORIZATION TO MAKE EMERGENCY SEWER REPAIRS ON GREEN TEE DRIVE
City Manager Ron Wicker called attention to a memo, in the Agenda Packet, from Bill
Thomasset, Public Works Director, to him addressing the need to make emergency repairs
on a sewer line in the 2300 - 2400 block of Green Tee Drive that has been a problem
for several years. He said that in the past we have spent several thousands of
dollars trying to correct this problem. During certain times the pipe will dislocate
and sink into quicksand. Recently we hired a company to televise the line to determine
the problems and in doing so their camera was lodged where the pipe had separated.
The work involves digging up the line, retrieving the camera, making the repairs and
putting in a manhole. We have asked for bid proposals for this emergency construction
and we are recommending that we be authorized to proceed with the repairs as soon as
possible. We estimate the cost to be $6,900 and it be paid for out of the Sewer
Bond Funds.
It was moved by Councilman Frauenberger, seconded by Councilman Bost that the City
Manager be authorized to make the necessary emergency repairs on the Green Tee Drive
sewer line in the approximate amount of $7,000 and be paid for out of the appropriate
sewer funds.
Motion passed 4 to 0.
OTHER BUSINESS: None
ADJOURN:
Meeting adjourned at 8:45 P.M.
Minutes approved as submitted and/or corrected this the A0 day o
A.D., 1984.
ATTEST:
City Secretar
Mayor