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1983-02-14 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON FEBRUARY 14, 1983, 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 Councilman City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: Tom Reid Terry Gray Charles R. Mack James E. Bost Al Lentz Dennis Frauenberger Ronald J. Wicker Bobby Williams Dorothy L. Cook The invocation was given by M. 0. Knapp. The Pledge of Allegiance was led by Austin Amier of Troop 464 of the Boy Scouts of America. APPROVAL OF MINUTES: It was moved by Councilman Bost, seconded by Councilman Frauenberger that the minutes of the Regular meeting held on January 24, 1983 and the Special meeting held on January 31, 1983, be approved as submitted. Motion passed 4 to 0. Councilman Gray abstained. MAYOR'S ACTIVITY REPORT: Mayor Reid announced that the formal groundbreaking for the new Library and Community Building would be held on Saturday, February 19, 1983, at 11:00 A. M. The public is invited to attend. Mayor Reid presented a proclamation to Jim Cunningham, District Director of the Boy Scouts of America, and Melvin Knapp proclaiming the month of February as "Boy Scout Month in Pearland". COUNCIL ACTIVITY REPORTS: Councilman Mack reported that the Committee on the revisions to the Land Use Ordinance was ready for a joint -workshop with the City Council and Planning & Zoning Commission. He recommended February 21, 1983 as the date for this workshop. A tentative date of March 17, 1983 has been set for the Public Hearing on this revised Ordinance. Councilman Bost reported that the construction of sidewalks at the Jamison Middle School is underway. DEPARTMENTAL REPORTS: City Manager Wicker reported that the only portion of the sidewalks at the Jamison Middle School not yet completed is that portion from Highway 518 North to the school property, approximately 150 feet. This will take some special work to make it drain properly. We will be working on this as the weather allows. Glenn Stanford, Chief of Police, introduced the following officers: Sgt. Jim Templin - Promoted through Civil service Examination; Pam Berry - New officer for Patrol; Karen Lowery - New officer for Patrol; Henrietta Milstead - Reassignment from Juvenile to Patrol. CITIZENS: James L. Sullins, Vice President of Pulte Home Corporation, appeared before the City Council with a request that the City grant a temporary variance to permit his firm the use of a temporary three-foot high fence in front of four homes being used as model homes in Parkview Subdivision. CHANGE IN ORDER OF BUSINESS NEW BUSINESS: REQUEST BY PULTE HOME CORPORATION FOR PERMISSION TO ALLOW 3 FT TEMPORARY FENCE IN FRONT OF MODEL HOMES IN PARKVIEW SUBDIVISION: City Manager Wicker advised that this was an encroachment on public right-of-way even though it is to be removed at a later date when the homes are sold. It was moved by Councilman Gray, seconded by Councilman Frauenberger that we allow Pulte Homes, Inc. to be permitted to leave the temporary fence in front of the model homes in Parkview Subdivision and that they provide a sidewalk on the North side of the road for the full length of the block, and that the fence will be removed when the first model home is sold, and that such agreement be put in writing. Motion failed 4 to 1. Councilman Lentz, Councilman Bost, Councilman Frauenberger, and Councilman Mack opposed. It was moved by Councilman Lentz, seconded by Councilman Bost that Pulte Home Corporation be instructed to move the fence back to the property line subject to the City receiving a letter from the Homeowner's Association stating that they are allowed to, on an interim basis, have a temporary fence. Motion passed 5 to 0. UNFINISHED BUSINESS: AUTHORIZATION TO BID GRAVITY SANITARY SEWER LINE IN EASEMENT AT BARNETT PROPERTY REPLACING FORCE MAIN AND LIFT STATION: It was moved by Councilman Lentz, seconded by Councilman Gray that the Staff be authorized to bid the gravity sanitary sewer line in easement at Barnett property replacing force main and lift station subject to Texas Highway Department permit being obtained. Motion passed 5 to 0. DOCKETED PUBLIC HEARINGS: 1. REQUEST FOR CHANGE IN LAND USE - APPLICATION NO. 114-A, KELLY R. KALUZA AND ASSOCIATES INC., AGENT FOR JOHN W. ABBOTT, TRUSTEE -OWNER, FROM CLASSIFICATION PRE -DEVELOPMENT TO GENERAL RESIDENCE: 50.154 acres of land in Section No. 15 of the H.T.&B.RR Company Survey, Abstract 241. PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE 1. Kelly R. Kaluza, Agent for the owner of the property advised that patio homes were planned for this subdivision with 40x100 foot lots with zero building lines. Mr. Kaluza advised that since the present ordinances did not cover patio homes they have used some of the guidelines set out for townhouse development. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE 1. Steve Cottingham, 4302 Colmesneil, Pearland; 2. Jessie Guinn, 5302 Groveton, Pearland; 3. Dennis McGee, 5602 Woodville, Pearland; 4. Larry Frey, 5303 Colmesneil, Pearland; 5. Melody Cottingham, 4302 Colmesneil, Pearland. Drainage and traffic were the prime concern of the citizens speaking in opposition to the change. QUESTION AND ANSWER PERIOD Mayor Reid read into the records a letter dated January 12, 1983 from the Planning and Zoning Commission as follows: January 12, 1983 THE HONORABLE MAYOR AND CITY COUNCIL City Hall Pearland, Texas Gentlemen: At their special meeting on January 11, 1983, the Planning and Zoning Commission held a Public Hearing on Application No. 114-A, Kelly R. Kaluza & Associates, Inc., Agent for John W. Abbott, Trustee -Owner, for an amendment to the Land Use and Urban Development Ordinance from classification Pre -Development District (PD) to General Residence. After discussion by the Commission, a motion was made by Clyde Starns, seconded by Bill Frascino that the Planning and Zoning Commission recommend to the City Council that Application No. 114-A, for a zone change from Pre -Development to General Residence be denied. Motion passed 5-0. 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 F&i Xq Several questions were posed by the Council regarding the plans for drainage, traffic flow, and capabilities of adequate sewage facilities. The proposed number of lots and the comprehensive plan of the City were discussed with Mr. Kaluza. ADJOURN: Hearing adjourned 2. REQUEST FOR LAND USE CHANGE - APPLICATION NO. 114-B, KELLY R. KALUZA, AGENT FOR JOHN W. ABBOTT, TRUSTEE -OWNER, FROM CLASSIFICATION PRE -DEVELOPMENT TO COMMERCIAL ON THE FOLLOWING DESCRIBED PROPERTY TO -WIT: 13.802 acres of land in. -Section No. 15 of the H.T.&B.RR Company Survey, Abstract 241. PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE 1. Kelly R. Kaluza stated that the location of this property would indicate the best use i to be Commercial. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE 1. Steve Cottingham, 5302 Colmesneil, Pearland; 2. Jessie Guinn, 5302 Groveton, Pearland. QUESTION AND ANSWER PERIOD Mayor Reid read into the records a letter dated January 12, 1983 from the Planning and Zoning Commission: January 12, 1983 THE HONORABLE MAYOR AND CITY COUNCIL City Hall Pearland, Texas Gentlemen: At their special meeting on January 11, 1983, the Planning and Zoning Commission held a Public Hearing on Application No. 114-B, Kelly R. Kaluza and Associates, Inc., Agent for John W. Abbott, Trustee -Owner, for an amendment to the Land Use and Urban Development Ordinance from classification Pre -Development to Commercial. After dis- cussion by the Commission, a motion was made by Leroy Savoie, seconded by Clyde Starns that the Planning and Zoning Commission recommend to the City Council that Application No. 114-B for a zone change from Pre -Development to Commercial be approved. Motion passed 5-0. 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 QUESTION AND ANSWER PERIOD ADJOURN HEARING. COMPLETE TAPE ON FILE IN THE OFFICE OF THE CITY SECRETARY ON HEARINGS NEW BUSINESS: COUNCIL DECISION ON APPLICATIONS NOS. 114-A AND 114-B, KELLY R. KALUZA & ASSOCIATES AGENT FOR JOHN W. ABBOTT, TRUSTEE -OWNER: Mr. Kelly R. Kaluza advised the City Council that he wished to withdraw Application No. 114-A. It was moved by Councilman Gray, seconded by Councilman Bost that the appropriate Ordi- nance be prepared for Application No. 114-B, Pre -Development to Commercial on 13.802 acres of land in Section 15 of the H.T.&B.RR. Company Survey, Abstract 241. Motion passed 5 to 0. UNFINISHED BUSINESS: (Continued) EASEMENTS IN ABSTRACT 198 (ALEXANDER DEVELOPMENT): It was moved by Councilman Bost, seconded by Councilman Lentz that the motion previously tabled on the acceptance of a ten -foot drainage easement be brought back to the City Council for consideration. Motion passed 5 to 0. It was moved by Councilman Gray, seconded by Councilman Bost that the City accept the ten -foot drainage easement plus an additional ten -foot working easement. Motion passed 5 to 0. It was moved by Councilman Lentz, seconded by Councilman Mack that the City accept the two ten -foot sewer easements. Motion passed 5 to 0. A discussion was held regarding a water line easement also submitted to the City Council for consideration. It was moved by Councilman Mack, seconded by Councilman Lentz that the water line ease- ment from Alexander Lane east to the proposed Firestone Center not be accepted and the Staff cooperate with Mr. Alexander by writing a letter that water and sewer is available to this property. Motion passed 5 to 0. NEW BUSINESS: (Continued) GOVERNMENTAL ACCOUNTING SYSTEM FOR CITY: City Manager Wicker stated that in the Agenda Packet was the scope of services that would be provided by Arthur Young & Company to help the City in developing a computer system for our Accounting Department. The amount of money would be approximately $26,500, which would be for both the professional services and the hardware for the system. This system should be adequate for the next five years or longer. Both City Manager Wicker and City Treasurer Thompson recommended this system. J It was moved by Councilman Mack, seconded by Councilman Bost that we authorize to enter into a contract with Arthur Young & Company for professional services, and we authorize the Staff to make the necessary budget adjustments in the finance budget for this con- tract and computer hardware. Motion passed 4 to 0. Councilman Gray absent from the room at this time. PROPOSAL BY LAIRSON, WILLIAMS & COMPANY TO SERVE AS AUDITORS FOR THE CITY FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1983: City Manager Wicker and City Treasurer Dorothy Thompson recommended that the firm of Lairson, Williams & Company be engaged as the City's Auditors for the fiscal year ending September 30, 1983. It was moved by Councilman Lentz, seconded by Councilman Frauenberger that the proposal submitted by the firm of Lairson, Williams & Company to serve as the City's Auditors for the fiscal year ending September 30, 1983, be accepted. Motion passed 5 to 0. REVIEW OF BIDS RECEIVED ON BID NO..B83-2, CLEANING, TELEVISING SANITARY SEWER LINES AND POSSIBLE AWARD OF BID: Bids reviewed as follows: COMPANY TOTAL BID CALDENDAR DAYS John Reynolds & Sons, Inc. $24,391.25 45 Naylor Municipal Services $16,300.80 45 Shur Flow, Inc. $24,010.80 60 Hycon Construction Systems Corp. $10,781.60 30 Channel Construction Company, Inc. $19,543.00 120 Purchasing Agent Gary Jackson recommended that the low bidder, Hycon Construction Systems Corporation be awarded the bid as the lowest bidder. It was moved by Council- man Mack, seconded by Councilman Bost that Hycon Construction Systems Corporation be awarded Bid No. B83-2 in the amount of $10,781.60, and that the Mayor be authorized to sign the Contract. Motion passed 4 to 0. Councilman Gray absent from the room at this time. AUTHORIZATION FOR EMERGENCY SEWER REPAIRS ON JOHNSON STREET: City Manager Wicker advised the City Council that a cave-in on the sewer line located on the Northwest corner of Johnson Street and Walnut Street occurred. We have attempted to fill this cave-in; however, this continues to crater. He asked that he be allowed, on an emergency basis, to repair this line. Mr. Wicker stated that the first estimate was $15,000; however, he felt it could be more than this figure. It was moved by Councilman Gray, seconded by Councilman Lentz that the City Manager be authorized to proceed with the repair of the cave-in on Johnson Street on an emergency basis. Motion passed 5 to 0. PROPOSAL BY CARTER & BURGESS, INC. FOR UPDATING/CORRECTING PEARLAND ZONING MAP: City Manager Wicker stated that part of the updating of the Zoning Ordinance would be the updating of the Zoning Map and the adoption of this Map to correspond with amended Ordinance. He recommended that the proposal, as submitted by Carter & Burgess, Inc., be approved. It was moved by Councilman Lentz, seconded by Councilman Mack that the proposal dated February 9, 1983, from Carter & Burgess, Inc., for Updating/Correcting Pearland Zoning _ Map, be approved. Motion passed 5 to 0. AUTHORIZATION FOR TEST BORING ALONG ALIGNMENT OF DIXIE FARM ROAD AS REQUESTED BY H. PLATT THOMPSON: City Manager Wicker stated that Mr. Thompson had some questions relating to the soil conditions where Dixie Farm Road crosses the old creek channel, and he felt that before he could give us a good proposal that he needed to have some soil testing made. Mr. Wicker recommended that these test borings be made and the estimated cost to be somewhere between $1,200.00 and $2,000.00. Mr. Thompson was advised that we would like to get another proposal on the soil borings. It was moved by Councilman Bost, seconded by Councilman Frauenberger that the City Manager be authorized to proceed with the test borings requested by H. Platt Thompson. Motion passed 5 to 0. CALL OF PUBLIC HEARING ON TEXAS -NEW MEXICO POWER COMPANY'S REQUEST FOR RATE INCREASE: It was moved by Councilman Lentz, seconded by Councilman Mack that a Public Hearing be called under Docketed Public Hearings of the regular agenda on February 28, 1983. Motion passed 5 to 0. SELECTION OF A PARK PLANNER FOR A COMPREHENSIVE PARK DEVELOPMENT PLAN: After discussion of this subject, the following motion was made: It was moved by Councilman Frauenberger, seconded by Councilman Mack that the Staff investigate and interview some park planners to see what park planning for the City of Pearland would entail as well as the cost. Motion passed 4 to 1. Councilman Gray opposed. Mayor Reid asked Councilman Gray to work with a member of the Park Board and Barry Smink to interview these people. INVOICE FROM R. WAYNE SMITH CONSULTING ENGINEERS, INC.: It was moved by Councilman Lentz, seconded by Councilman Bost that Invoice from R. Wayne Smith, dated February 1, 1983, in the amount of $4,175.66, be approved for payment from the appropriate bond funds. Motion passed 5 to 0. OTHER BUSINESS: Mayor Reid called for a joint -workshop meeting on February 21, 1983 on the Amended Land Use Ordinance between the Planning and Zoning Commission and the Council, and a workshop by the City Council on MUD 6. City Manager Wicker recommended a joint meeting between the Drainage District, Brookside, and Harris County Flood Control District on the FEMA Project. Mayor Reid called for a workshop in the 23rd of February at 7:30 P. M. ADJOURN: Meeting adjourned at 10:20 P. M. Minutes approved as submitted and/or corrected this theday of , A. D., 1983. Mayor ATTEST: l ­Aafty Secretary