1984-09-24 CITY COUNCIL REGULAR MEETING MINUTES235
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON
SEPTEMBER 24, 1984, 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
Councilman
City Manager
City Attorney
City Secretary
INVOCATION AND PLEDGE OF ALLEGIANCE:
Tom Reid
Dennis Frauenberger
Terry Gray
James E. Bost (entered at 7:40 P. M.)
Al Lentz
Charles R. Mack
Ronald J. Wicker
Bobby Williams
Dorothy L. Cook
The invocation was given by Mayor Reid. The Pledge of Allegiance was led by Councilman
Frauenberger.
APPROVAL OF MINUTES:
It was moved by Councilman Lentz, seconded by Councilman Frauenberger that the minutes of
the regular meeting held on September 10, 1984, the Special Meeting held on September 11,
1984, and the Special Meeting held on September 17, 1984 be approved as submitted.
Motion passed 4 to 0. Councilman Bost absent at this time.
MAYOR'S ACTIVITY REPORT:
Mayor Reid thanked the citizens of Pearland for their support in the passage of the recent
Bond Issue.
COUNCIL ACTIVITY REPORT: NONE
DEPARTMENTAL REPORTS: NONE
CITIZENS:
1. Ms. Ruby Camp McPhail
Ms. McPhail submitted the following letter from Phillips Pipe Line Company and it was
read into the records by the City Manager:
September 7, 1984
File: LRW 3-4-4, 5, 6, 7
Paul O. Long, Trustee
Lot 1, Block 3
Longwood Park Subdivision
Ms.Ruby Camp McPhail
2310 Longwood
Pearland, TX 77581
Dear Ms. McPhail:
In response to your inquiry of August 29th, 1984, we have determined the following
regarding our pipeline easement located on the above captioned property:
1. Easement width - 50'
2. Product - various types of hydrocarbons products
3. Line type and size - high pressure, 18" - 12" - 8"
4. Line depth - 4' - 4' - 30"
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Please be advised that the line depths and locations are not to be relied upon without
further investigation by Phillips Pipe Line Company representatives. Prior to engaging
in any construction activity on or across the easement, contact Mr. Jack Pearl at
1-331-3407.
Very truly yours,
/s/ Bob Hardt
Robert L. Hardt
RLH/maw
UNFINISHED BUSINESS:
TABLED REQUEST BY MS. RUBY MC PHAIL FOR VARIANCE IN BUILDING SETBACK LINE:
It was moved by Councilman Bost, seconded by Councilman Frauenberger that the tabled
request by Ms. Ruby McPhail for variance in the building setback line be considered at
this time.
Motion passed 5 to 0.
REQUEST BY MS. RUBY MC PHAIL FOR VARIANCE IN BUILDING SETBACK LINE ON LOT 1, BLOCK 3,
LONGWOOD PARK SUBDIVISION:
Councilman Frauenberger stated that at the last meeting a request was made to the owner
of this property to find out what was going through the pipeline. He felt we needed
this information before a variance could be granted. Ms. McPhail has now furnished a
letter from Phillips. Also, this is one of a few remaining lots not built on since the
passage of the ordinance requiring 100 feet building setback from a pipeline.
It was moved by Councilman Frauenberger, seconded by Councilman Lentz that a variance
in the building setback line to 75 feet for Ms. McPhail on Lot 1, Block 3, Longwood
Park be granted.
Motion passed 4 to 1. Councilman Gray opposed.
Councilman Gray stated that he felt the ordinance should be changed to state that the
subdivisions platted prior to the passage of the ordinance requiring 100 feet from
pipeline easement may request a variance in the building setback line. City Manager
Wicker advised that we have a mixture of both old subdivisions and new subdivisions
and he suggested that perhaps the wording in this section of the ordinance should
address existing subdivisions in one manner and new subdivisions in another manner.
He stated he was not sure whether this could be legally done.
CHANGE IN THE ORDER OF BUSINESS:
NEW BUSINESS:
FRANK ILDEBRANDO, UNDERWOOD NEUHAUS & COMPANY:
Mr. Ildebrando appeared before the City Council and discussed the schedule of events
furnished the City Council regarding the sale of bonds. This schedule is set up to have
the sale of the bonds in mid November and receive the money in about mid December.
We will be going through about four drafts of the official statement and it will be
sent to the appropriate people for review and approval. The final draft will be
provided to Moody Investment Service and Standard and Poors Corporation for rating,
and then to the Municipal Insurance Bond Association for possible approval for Municipal
Bond insurance. The insurance will provide us with a Triple A credit rating which would
ultimately improve our marketing ability. Mr. Ildebrando stated that we had not planned
to sell the bonds this year, however, we are in a position now to do a little
237
arbitraging if they are sold before the first of the year. The Council voiced no
opposition to the schedule outlined by Mr. Ildebrando.
R84-25, A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACT WITH UNDERWOOD NEUHAUS
AND COMPANY
Resolution No. R84-25 read in full by Mayor Reid.
It was moved by Councilman Gray, seconded by Councilman Frauenberger that Resolution No.
-- R84-25 be passed and approved on first and only reading. Said Resolution reads in
caption as follows:
RESOLUTION NO. R84-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AUTHORIZING THE MAYOR TO EXECUTE A FINANCIAL ADVISORY CONTRACT
BY AND BETWEEN THE CITY OF PEARLAND AND UNDERWOOD NEUHAUS AND
COMPANY.
Voting "Aye": Councilman Gray, Councilman Bost, Councilman Mack, Councilman Frauenberger,
and Councilman Lentz.
Voting "No": None
Motion passed 5 to 0.
UNFINISHED BUSINESS: (Continued)
APPLICATION NO. 134, BOB CAMPBELL, AGENT FOR H. D. JOHNSTON, OWNER - PLANNED UNIT TO P/A:
City Manager Wicker stated that the Public Works Director has made a survey of various
subdivisions in the City relating to density. Willowick Subdivision,located adjacent to
the proposed subdivision, presently has a density factor of 3.79 based on gross land
area. This is basically in line with Corrigan South Subdivision located across the
street from this proposed subdivision.
Public Works Director Thomasset advised that the lift station under the current develop-
ment has the potential of handling the equivalent of 2500 lots or 1700 g.p.m. Full
development would be 3800 lots with 2600 g.p.m. We propose to rehabilitate the lift
station at a cost of approximately $60,000. Mr. Thomasset advised the Council that a
master plan needed to be developed for the sewer system; however, he felt the most
pressing need was a Master Plan for the water system.
It was moved by Councilman Gray, seconded by Councilman Frauenberger that necessary
ordinance for Application No. 134, Bob Campbell, Agent for H. D. Johnston, Owner,
changing the zone classification from Planned Unit to Plan Approval be prepared for
consideration by the City Council.
Motion passed 5 to 0.
Mayor Reid asked the City Manager to notify the Planning and Zoning Commission of the
.— Council's decision in this matter.
OFFICIAL NEWSPAPER:
Mayor Reid read into the records the only proposal received from a newspaper to serve as
the official City newspaper for one year from October 1, 1984. This proposal was from
The Journal and the cost would be nine (9) cents per word.
Mayor Reid read Resolution R84-24 by Caption_
It was moved by Councilman Bost, seconded by Councilman Frauenberger that The Journal be
named as the official newspaper for the City and that Resolution R84-24 be passed and
approved on first and only reading. Said Resolution No. R84-24 reads in caption as follows:
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RESOLUTION NO. R84-24
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 JOURNAL.
Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Frauenberger, Councilman Bost
and Councilman Gray.
Voting "No": None
Motion passed 5 to 0.
ORDINANCE NO. 480, AN ORDINANCE AUTHORIZING AND ALLOWING "UPDATED SERVICE CREDITS" UNDER
TEXAS MUNICIPAL RETIREMENT SYSTEM:
Ordinance No. 480 read in caption by Councilman Frauenberger. (First Reading)
It was moved by Councilman Frauenberger, seconded by Councilman Mack that Ordinance No. 480
be passed and approved on first of two readings. Said Ordinance No. 480 reads in caption
as follows:
ORDINANCE NO. 480
AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING
THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS"
IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH
SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF PEARLAND;
AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS.
Voting "Aye": Councilman Gray, Councilman Bost, Councilman Frauenberger, Councilman Mack
and Councilman Lentz.
Voting "No": None
Motion passed 5 to 0.
ADJUSTMENTS AND ENCUMBRANCES FROM THE 1983-84 BUDGET:
City Manager Wicker advised that the Staff recommended to the City Council that the
following adjustments and encumbrances be made from the 1983-84 Budget:
DESCRIPTION
ACCOUNT
AMOUNT
1983-84 Street Program
Streets 3320-5304
$
74,000
Ordinance Codification
Legal 1080-6596
$
10,000
1984 Model Ambulance
City Council 1010-5615
$
10,000
Clean Community
Clean Community 2290-4233
$
6,000
$100,000
It was moved by Councilman Gray, seconded by Councilman Bost that the adjustments and
encumbrances recommended by the Staff be approved.
Motion passed 5 to 0.
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 1983-84 Council Contingency Fund:
nTi Q0T>TDTTn1KT TMnTTMM
Ambulance $10,000
Fuel for E.M.S. $ 6,500
Utilities (Electricity and Gas)
for Library $ 4,500
Telephones for Library $ 4,000
$25,000
239
It was moved by Councilman Gray, seconded by Councilman Bost that the recommendation
from the Staff regarding items to be charged to the 1983-84 Council Contingency fund
be approved.
Motion passed 5 to 0.
AUTHORIZATION FOR THE CITY MANAGER TO MAKE ANY NECESSARY AND PERTINENT INTERDEPARTMENTAL
TRANSFERS IN THE 1983-84 BUDGET:
-- City Manager Wicker requested that he be authorized to make any necessary and pertinent
intradepartmental budget transfers to adjust certain line -items within a Department
in the 1983-84 Budget. Any transfers that are necessary would be made on the following
basis:
1. Transfers would not involve additional appropriations of revenue.
2. Transfers would be made on an intradepartmental basis (i.e.,
within the same Department).
3. The City Council would be provided a final list of any and all
such transfers made.
It was moved by Councilman Gray, seconded by Councilman Bost that the City Manager be
authorized to make any necessary and pertinent intradepartment budget transfers in the
1983-84 Budget as outlined.
Motion passed 5 to 0.
ORDINANCE NO. 450-1, AN AMENDMENT TO THE CIVIL SERVICE ORDINANCE:
Ordinance No. 450-1 read in caption by Councilman Mack. (First Reading)
It was moved by Councilman Mack, seconded by Councilman Lentz, that Ordinance No. 450-1
be passed and approved on first of two readings. Said Ordinance No. 450-1 reads in
caption as follows:
ORDINANCE NO. 450-1
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING
CLASSIFICATION FOR ALL POLICEMEN, ESTABLISHING THE NUMBER
OF AUTHORIZED POSITIONS IN EACH CLASSIFICATION; ESTABLISHING
GROSS MONTHLY PAY SCHEDULES FOR EACH CLASSIFICATION, ALL
PURSUANT TO SECTION 8A OF ARTICLE 1269M, V.A.C.S. OF TEXAS;
PROVIDING A SEVERABILITY CLAUSE, A REPEALING CLAUSE, AN
EFFECTIVE DATE, AND CONTAINING OTHER PROVISIONS RELATING
TO THE SUBJECT.
Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Frauenberger, Councilman Bost
and Councilman Gray.
Voting "No": None
Motion passed 5 to 0.
APPROVAL OF THE FOLLOWING INVOICES:
It was moved by Councilman Lentz, seconded by Councilman Frauenberger that the following
invoices be paid from the appropriate funds:
(a) Final Estimate from Brown & Root, Inc. for Construction of Hatfield Road Re-
alignment in the amount of $8,497.47.
(b) Invoice No. 3964 from Langford Engineering, Inc. for Study and Report for
Upgrading Three (3) Existing Wastewater Treatment Plants and -,Study and Report
For Channel Improvement to Clear Creek W_ W_ T. P_ Expansion in Floodplain/
Floodway in the Amount of $20,492.05.
(c) Invoice dated September 12, 1984 from Thigpenn Engineering and Computing, for
Professional Services in the Development of a Master Water Plan in the amount
of $1,800.00.
17ME
(d) Invoice dated September 19, 1984 from Walsh Engineering, Inc. for Design
and Construction of Drainage Improvements in Sherwood Sections I & II,
Westminister and Nottingham Subdivisions in the Amount of $7,705.50.
(e) Estimate No. 4 from Ramex Construction Company for Construction on Galveston
Avenue and Liberty Drive in the Amount of $62,918.10.
Motion passed 5 to 0.
OTHER BUSINESS:
Mayor Reid called for a workshop meeting on October 1, 1984 to discuss the senior
citizens use of old Library Building, Sanitary Sewer Update and Street Priorities,
plus any additional items that might be posted.
MEETING RECESSED AT 8:40 P.M. - TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION
2, SUBSECTION (f) LEASE, PURCHASE, EXCHANGE OR VALUE OF REAL PROPERTY, AND SECTION 2
SUBSECTION (g) PERSONNEL.
RETURNED TO OPEN SESSION AT 9:42 P.M.
ADJOURN:
Meeting adjourned at 9:42 P. M.
Minutes approved as submitted and/or corrected this the A— day of D
A.D., 1984.
l
Mayor
ATTEST:
City Secretary