1983-01-24 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON
JANUARY 24, 1983, 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 Tom Reid
Councilman/Mayor Pro Tem Terry Gray
Councilman James E. Bost
Councilman Charles•R. Mack
Councilman Dennis Frauenberger
Councilman Al Lentz
City Manager Ronald J. Wicker
City Attorney Bobby Williams
City Secretary Dorothy L. Cook
INVOCATION AND PLEDGE OF ALLEGIANCE:
The invocation was given by Mayor Reid. The Pledge of Allegiance was led by former
Councilman Benny Frank.
MAYOR'S ACTIVITY REPORT:
Mayor Reid presented a Proclamation to members of the Pearland High School Prancers,
proclaiming January 27, 1983 as "Pearland Night at the Summit". The Prancers will be
performing at half-time of the basketball game between the Rockets and the Golden State
Warriors.
Mayor Reid presented a Proclamation to Mrs. Kathy Petrie, representing the Registered
Dental Assistants, proclaiming the month of February, 1983 as "Children's Dental Health
Month in Pearland".
CHANGE IN ORDER OF BUSINESS
NEW BUSINESS:
PRESENTATION OF ANNUAL AUDIT BY LAIRSON, WILLIAMS AND COMPANY:
Mr. Earl Lairson of Lairson, Williams & Company, Certified Public Accountants, presented
the Annual Financial Report to the City Council for the fiscal year ending September 30,
1982.
It was moved by Councilman Gray, seconded by Councilman Lentz that this report be received
into the records of the City.
Motion passed 5 to 0.
REVIEW AND POSSIBLE AWARD OF BID NO. B82-21,.LIBRARY AND COMMUNITY CENTER:
The following bids on the Library and Community Center were reviewed by the City Council:
BID-
P.G. BELL
T.D. HOWE
J.K. ROSS
SIRRON
STONE
E.L.TAYLOR
WILMAC
DER
CONST.CO.
CONST.CO.
CONST.CO.
CORP.
CONST.CO.
CONST.
CONST.
ADS.
1, 2, 3
1, 2, 3
1, 2, 3
1, 2, 3.
1, 2, 3
1, 2, 3
1, 2, 3
BID
SEC.
Yes
Yes
Yes
Yes
Yes
Yes
Yes
CAL.
DAYS
225
310
300
315
360
365
290
BASE
BID
1,437,000
1,469,200
1,488,000
1,498,000
1,375,000
1,514,350
1,477,000
ALT.
#1
3,500
16,400
18,000
11,232
14,000
14,000
43,700
ALT.
#2
10,000
9,000
15,300
9,317
13,200
14,370
14,400
T
BID-
P.G. BELL
T.D. HOWE
J.K. ROSS
SIRRON
STONE
E.L.TAYLOR
WILMAC
DER
CONST.CO.
CONST.CO.
CONST.CO.
CORP.
CONST.CO.
CONST.
CONST.
ALT.
#3
9,200
9,600
9,500
8,478
9,600
9,265
9,850
ALT.
#4A
NB
NB
NB
700
NB
NB
NB
ALT.
#4B
--
--
--
325
--
NB
--
ALT.
#4C
--
--
--
250
--
NB
--
ALT.
#4D
--
--
--
625
--
NB
ALT.
#4E
--
--
--
NB
--
NB
--
Mr. William Miller, Architect for the City on this Project, recommended that Stone Construc-
tion Company be awarded this bid, and recommended that the City accept Alternate #2 and
Alternate #3 of the bid.
It was moved by Councilman Lentz, seconded by Councilman Bost that Bid No. B82-21 be
awarded to Stone Construction Company for a base bid amount of $1,375,000, plus Alternate
#2, in the amount of $13,200.00 and Alternate #3, in the amount of $9,600.00, based on
the recommendation of the Architect, and that the Mayor be authorized to sign the contract.
Motion passed 5 to 0.
APPOINTMENTS:
Mayor Reid read a list of proposed appointments as follows:
Charter Review Commission: James D. Porter, Theta Cessac, Billye Arcemont,
Paula Scardino and Carl Halik
These appointments would be for a term of six months;
Libary Board: Nancy Sallee and Bob Shagrin
These appointments would be for a three-year term;
Electrical Board: Robert Kettle and Charles Michna.
These appointments would be for a two-year term.
It was moved by Councilman Frauenberger, seconded by Councilman Bost that the following
be appointed:
CHARTER REVIEW COMMISSION 1983 (Six Month Term)
James D. Porter
Theta Cessac
Billye Arcemont
Paula Scardino
Carl Halik
LIBRARY BOARD (Three -Year Term to expire in February)
Nancy Sallee
Bob Shagrin . .
ELECTRICAL BOARD (Two -Year Term to expire in February)
Robert Kettle
Charles Michna
Also, that James D. Porter be named as Chairman of the Charter Review Commission.
Motion passed 5 to 0. Mayor Reid administered the Oath of Office to Theta Cessac and Paula
Scardino as members of the Charter Review Commission.
MAYOR'S ACTIVITY REPORT: (Continued)
Mayor Reid called a Special Meeting for January 31, 1983, to review and possibly award
Bid No. B83-1, Cleaning, Priming and Painting of Sewer Plants No. 2 and No. 3, and any
other business pertinent to this item.
COUNCIL ACTIVITY REPORTS:
None
APPROVAL OF MINUTES:
It was moved by Councilman Bost, seconded by Councilman Frauenberger that the minutes of
the Regular Meeting held on January 10, 1983, and the Special Meeting held on January 17,
1983, be approved as submitted.
Motion passed 4 to 0. Councilman Gray abstained.
DEPARTMENTAL REPORTS:
City Manager Wicker reported that Dr. Pope, State Region 11 of the Health Department,
inspected our Humane Facility and gave us a good report. City Manager Wicker reported
that the storage facility for our landfill equipment has been completed."
CITIZENS:
None
DOCKETED PUBLIC HEARINGS:
1. REQUEST FOR CHANGE IN LAND USE - APPLICATION NO. 113 - DAVID AND MIKE
ENGBROCK, OWNERS, FROM CLASSIFICATION PLANNED UNIT (PU) TO MOBILE HOME
PARK DISTRICT (MH) ON THE FOLLOWING DESCRIBED PROPERTY TO -WIT:
A 10.00 acre tract being Tract 80, George W. Jenkins Subdivision,
W. D. C. Hall Survey, Abstract 70, Brazoria County, Texas.
PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST:
David Engbrock of Houston, one of the record owners of the property, advised that he and
his brother planned to build a Mobile Home Park for retired citizens if this property was
rezoned for a Mobile Home Park. He stated that he planned to handle the sewage by lift
station with approval of construction by the City Engineer and City Manager.
Frances Jamison, Pearland, Texas - Mrs. Jamison stated that she sold the property to the
individuals wishing the zone change and she was in favor of the rezoning of this property
to a Mobile Home Park District.
PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE:
Jim Peck, Westfield Lane - Opposed this change as he felt that the value of property
around it would decrease since the area has been historically residential.
The following also spoke in opposition to the zone change:
1. Rona Williams, 3504 Dixie Farm Road;
2. Robert Sears, 3308 Dixie Farm Road;
3. Penny Horton, 3401 Dixie Farm Road;
4. Shirley Watts, 3301 Dixie Farm Road;
5. Richard Arbaugh, 1575 Westfield Road;
6. Preeman R.iggle, 1529 Westfield Road;
7. W. 0. Forrest, 3406 Dixie Farm Road;
8. Shelia Peck, 1515 Westfield Road;
9. John Williamson, 3504 Dixie Farm Road;
10. Barbara Sears, 3308 Dixie Farm Road;
11. Jessie Lopez, Rt. 2, Box 428B.
QUESTION AND ANSWER PERIOD:
Several questions were asked by members of the City Council regarding how Mr. Engbrock
planned to restrict occupancy to retired citizens; whether or not he was aware of the
requirements of the City for construction of a Park; and the operation of the lift
station. The City Manager advised that the pumping station, that would be used for
sewage from this lift, is not capable of handling any additional sewage at this time.
LETTER FROM THE PLANNING & ZONING COMMISSION:
Mayor Reid read into the records a letter from the Planning & Zoning Commission dated
January 5, 1983, as follows:
January 5, 1983
THE HONORABLE MAYOR AND CITY COUNCIL
City Hall
Pearland, Texas
Gentlemen:
At their regular meeting on January 4, 1983, the Planning and Zoning Commission held
a Public Hearing on Application No. 113, David and Mike Engbrock, Owners, for an amendment
to the Land Use and Urban Development Ordinance from classification Planned Unit (PU) to
Mobile Home Park District (MH). After discussion by the Commission, a motion was made
by Bill Frascino, seconded by Clyde Starns that the Planning and Zoning Commission
recommend to the City Council that Application No. 113, for a zone change from Planned
Unit to Mobile Home Park District be denied. Motion passed 3-2, with Hardie Barr
abstaining.
The Planning and Zoning Commission now presents this recommendation to the City
Council for their consideration.
Very truly yours,
/s/ Richard F. Tetens
Richard Tetens, Chairman
Planning & Zoning Commission
RT:kk
HEARING ADJOURNED: 8:50 P.M.
MEETING RECESSED AT 8:50 P.M. - RECONVENED AT 9:00 P. M.
NEW BUSINESS: (Continued)
COUNCIL DECISION ON APPLICATION: N0. 113, DAVID ENGBROCK AND MIKE ENGBROCK, OWNERS:
A motion was made by Councilman Gray, seconded by Councilman Lentz that Application No.
113 for a zone change by David Engbrock and Mike Engbrock from PU to Mobile Home Park
be denied based on the City's Comprehensive Development Plan.
Motion passed 5 to 0.
ADJUSTMENTS IN THE 1982-83 BUDGET:
City Finance Director Dorothy Thompson advised the City Council that a motion was needed
to allocate $141,250.00 from the prior year's carry-over cash to the Fire Department's
capital outlay for the purchase of the new fire truck.
It was moved by Councilman Gray, seconded by Councilman Lentz that the 1982-83 Budget be
adjusted to allocate $141,250.00 from the prior year's carry-over cash to the Fire De-
partment's capital outlay for the purchase of the new fire truck.
Motion passed 5 to 0.
UNFINISHED BUSINESS:
PHILOSOPHY AND FEE STRUCTURE FOR COMMUNITY USE OF CITY PARKS AND RECREATION FACILITIES AS
RECOMMENDED BY THE PARKS AND RECREATION BOARD:
City Parks and Recreation Director Barry Smink presented a document outlining the philos-
ophy and proposed fee structure recommended by the Parks and Recreation Board, and answered
questions posed by the City Council.
MEETING RECESSED AT 9:10 P. M. - RECONVENED AT 9:15 P. M.
It was moved by Councilman Gray, seconded by Councilman Mack that the Council accept the
Philosophy and Fee Structure for use of park and recreation facilities as recommended by
the Parks and Recreation Board.
Motion passed 5 to 0.
ORDINANCE NO. 452, AN ORDINANCE ALLOWING CERTAIN EMPLOYEES WHO HAVE TERMINATED PREVIOUS
MEMBERSHIPS IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM TO DEPOSIT SUMS WITHDRAWN AND ALLOW-
ING AND UNDERTAKING THE COST OF ALLOWING SUCH EMPLOYEE CREDIT IN SUCH SYSTEM:
Ordinance No. 452 read in caption by Councilman Mack. (Second Reading)
It was moved by Councilman Mack, seconded by Councilman Bost that Ordinance No. 452 be
passed and approved on second and final reading. Said Ordinance No. 452 reads in caption
as follows:
ORDINANCE NO. 452
AN ORDINANCE ALLOWING CERTAIN EMPLOYEES OF THE CITY OF
PEARLAND, TEXAS WHO HAVE TERMINATED PREVIOUS MEMBERSHIPS
IN TEXAS MUNICIPAL RETIREMENT SYSTEM, TO DEPOSIT THE SUMS
SO WITHDRAWN, PLUS ANNUAL WITHDRAWAL CHARGES, AND ALLOWING
AND UNDERTAKING THE COST OF ALLOWING ANY SUCH EMPLOYEE
CREDIT IN SUCH SYSTEM FOR ALL SERVICE TO WHICH SUCH EMPLOYEE
HAD BEEN ENTITLED AT DATE OF SUCH WITHDRAWAL, WITH LIKE
EFFECT AS IF ALL SUCH SERVICE HAD BEEN PERFORMED AS AN
EMPLOYEE OF THIS CITY.
Voting ."Aye": Councilman Bost, Councilman Frauenberger, Councilman Gray, Councilman
Mack and Councilman Lentz.
Voting "No": None
Motion passed 5 to 0.
ORDINANCE NO. 246-83, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE,
RON SLANK, AGENT FOR RON-CARTER CHEVROLET, INC. - APPLICATION NO. 112, PD TO COMMERCIAL:
Ordinance No. 246-83 read in caption by Councilman Bost. (Second Reading)
It was moved by Councilman Bost, seconded by Councilman Frauenberger that Ordinance No.
246-83 be passed and approved on second and final reading. Said Ordinance No. 246-83
reads in caption as follows:
ORDINANCE NO. 246-83
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 Lentz, Councilman Mack, Councilman Gray, Councilman Frauenberger
and Councilman Bost.
Voting "No": None
Motion passed 5 to 0.
REMOVE FROM TABLE INVOICE NO. 4301, H. PLATT THOMPSON AND CONSIDER SAME:
It was moved by Councilman Frauenberger, seconded by Councilman Bost that Invoice No.
4301 from H. Platt Thompson, in the amount of $9,145.80, tabled at the last meeting,
be brought back for consideration.
Motion passed 5 to 0.
It was moved by Councilman Frauenberger, seconded by Councilman Gray that Invoice No.
4301 in the amount of $9,145.80, for Magnolia Road/John Lizer Road Paving Project, as
submitted by H. Platt Thompson, be paid from the appropriate bond funds.
Motion passed 5 to 0.
REMOVE.FROM.TABLE THE EASEMENT DEED FROM C. H. ALEXANDER ESTATE LOCATED IN THE THOMAS J.
GREEN SURVEY, ABSTRACT 198, BRAZORIA COUNTY, TEXAS:
It was moved by Councilman Lentz, seconded by Councilman Gray that this item be removed
from the table for consideration.
Motion passed 5 to 0.
A_discussion was held on this .easement regarding the..size, whether or not the easement
was approved by the City Attorney prior to filing, what it drains and where it drains,
as well as other questions relating to this deed and development of other property owned
by the Alexanders. City Manager Wicker asked the City Council to table this item until
the Staff could go to the property owners and get a working easement acceptable to the
City until the property to the north and west is developed, at which time we will acquire
the necessary additional right-of-way.
It was moved by Councilman Mack, seconded by Councilman Frauenberger that this item be
tabled until the Staff can discuss the problems with landowners and bring back a positive
recommendation to the City Council.
Motion passed 5 to 0.
City Attorney is to review any right-of-way easement prior to recording.
NEW BUSINESS: (Continued)
PRELIMINARY DRAFT OF PERSONNEL ORDINANCE:
City Manager Wicker asked that the Staff have an opportunity to Workshop this Ordinance
in-house before it is considered by the City Council.
RESOLUTION NO. R83-3, A RESOLUTION ADOPTING THE PROVISIONS OF ARTICLE 7.15, AND OTHER
PROVISIONS OF THE ELECTION CODE IN REGARD TO THE REGULAR ELECTION:
Resolution No. R83-3 read in full by Councilman Frauenberger.
It was moved by Councilman Frauenberger, seconded by Councilman Bost that Resolution No.
R83-3 be passed and approved on first and only reading. Said Resolution No. R83-3 reads
in caption as follows:
RESOLUTION NO. R83-3
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 SECOND DAY OF APRIL,
1983.
Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Gray, Councilman Frauenberger
e�— and Councilman Bost.
Voting "No": None
Motion passed 5 to 0.
RESOLUTION NO. R83-4, A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, ORDERING THE CALLING OF A REGULAR ELECTION ON APRIL 2, 1983, FOR THE PURPOSE OF
ELECTING TWO MEMBERS OF THE CITY COUNCIL, POSITION NO. 1 AND POSITION NO. 5.
Resolution No. R83-4 read in full by Councilman Frauenberger.
It was moved by Councilman Frauenberger, seconded by Councilman Bost that Resolution No.
R83-4 be passed and approved on first and only reading. Said Resolution No. R83-4 reads
in caption as follows:
RESOLUTION NO. R83-4
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 SECOND DAY OF APRIL, 1983, FOR
THE PURPOSE OF ELECTING TWO MEMBERS 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 Mack, Councilman Gray, Councilman Frauenberger
and Councilman Bost.
Voting "No": None
Motion passed 5 to 0.
COMPENSATION FOR MAYOR AND CITY COUNCILMEN AND CALL OF SPECIAL ELECTION ON SAME TO BE HELD
IN CONJUNCTION WITH CITY OFFICERS' ELECTION.
Mayor Reid recommended that the compensation for the Mayor be increased to $300.00 per
month and that the Councilmen's compensation be increased to $250.00 per month, with
this item to be brought to the people for a vote at the same time as the regular City
Officers' Election.
It was moved by Councilman Gray, seconded by Councilman Frauenberger that the City
Attorney be authorized to prepare the necessary papers for the calling of a Special
Election to be held in conjunction with the City Officers' Election to increase the
Mayor's salary to $300.00 per month and the Councilmen's salary to $250.00 per month.
Motion passed 5 to 0.
APPROVAL OF THE FOLLOWING INVOICES:
It was moved by Councilman Lentz, seconded by Councilman Bost that the following invoices
be approved:
1. R. Wayne Smith Consulting Engineers - Drainage Improvements - $1,504.77;
2. Dansby & Miller AIA Architects - Library and Community Bldg. - $36,000.00;
3. Layne Texas Company - Water Well 7, Magnolia Road - $14,250.00
4. Trico Industries - Construction of Water Ground Storage Tanks - $64,849.00;
5. Water Tank Service Company - Retainage for Repairs to Elevated Water Tower - $1,158.00
Payment for these invoices to be made from the appropriate fund.
Motion passed 5 to 0.
BIDDING THE CLEANING AND TELEVISING OF VARIOUS SANITARY SEWER LINES IDENTIFIED BY LANG -
FORD ENGINEERING, INC.:
It was moved by Councilman Lentz, seconded by Councilman Mack that the City Council
authorize the City Manager to bid the necessary cleaning and televising of the sanitary
sewer lines, as recommended by Langford Engineers, Inc., but the bid and contract
to be with the City, and that normal bidding procedures be followed.
Motion passed 5 to 0.
OTHER BUSINESS:
RECESSED TO EXECUTIVE SESSION AT 10:35 P. M. - ARTICLE 6252-17, TEXAS REVISED CIVIL
STATUTES, OPEN MEETING'S LAW, SECTION 2, SUBSECTION (f) PURCHASE, EXCHANGE OR VALUE
OF REAL PROPERTY.
RETURN FROM EXECUTIVE SESSION AT 11:02 P. M.
ADJOURN:
Meeting adjourned at 11:02 P. M.
Minutes approved as submitted and/or corrected this the/
V day of
A. D., 1983. —T—
b
Mayor
ATTEST:
ity Secretary