1983-05-09 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON
MAY 9, 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
Councilman/Mayor Pro Tem
Councilman
Councilman
Councilman
Councilman
City Manager
City Attorney
City Secretary
INVOCATION AND PLEDGE OF ALLEGIANCE:
Tom Reid
Charles R. Mack
Dennis Frauenberger
Terry Gray
James E. Bost
Al Lentz
Ronald J. Wicker
Bobby Williams
Dorothy L. Cook
The invocation was given by Councilman Bost. The Pledge of Allegiance was led by Council-
man Frauenberger.
APPROVAL OF MINUTES:
It was moved by Councilman Lentz, seconded by Councilman Bost that the minutes of the
regular meeting held on April 25, 1983, be approved as submitted.
Motion passed 5 to 0.
MAYOR'S ACTIVITY REPORT:
Mayor Reid spoke about a Community Block Grant Program and stated that, while the City of
Pearland would not be affected by it, there would be communities in and around the area
that could possibly be involved. This involves areas of high unemployment along with a
Job's Bill. Mayor Reid stated that he, representing the H -GAC, presented testimony in
Conroe at a Governor's Public Hearing last Tuesday night. Councilman Mack presented
testimony on behalf of the Brazoria County Cities Association. He stated that anyone
interested in what the Community Block Program is should contact the Texas Department
of Community Affairs in Austin.
COUNCIL ACTIVITY REPORTS:
Councilman Mack reported that the revised Land Use Ordinance was now ready for the call
of a Public Hearing. Mayor Reid asked that this matter be placed on the next regular
agenda.
Councilman Bost made an inquiry relative to the new Pearland Independent School District
sewer line which is to serve Brookside School and which will be tied onto the City's
line. City Manager Wicker stated that he talked to the Mayor of Brookside today and
that they have granted the School permission to go along Brookside Drive with a four -
inch force main with no stipulation of tie -on as they previously requested.
DEPARTMENTAL REPORTS:
City Manager Wicker reported on the City's auction stating that this sale generated
slightly more revenue than we had originally anticipated.
CITIZENS:
Mr. John Moorman, Brazoria County Library Director, appeared before the City Council
and presented a slide presentation of the library system in Brazoria County. He then
presented the annual report of this organization.
Mr. Bill Frascino, 3208 Westminister Drive, presented a petition containing 58 signatures
of citizens in Westminister Subdivision. Mr. Frascino stated he was informed that this
petition was needed in order to get something done on the drainage in this Subdivision.
City Manager Wicker stated that several months ago the City attempted to clean out the
ditches on Hampshire Street; and, at that time, we had more people who did not want the
ditches cleaned out than we had people who did want them cleaned. At that point, we
only cleaned in front of the houses of the people who wanted them cleaned. Mr. Wicker
stated he advised Mr. Frascino that if he could get the majority of people to agree _
to having the ditches cleaned and the Council agreed with that approach, then we would
proceed with the cleaning of the ditches.
Mr. Frascino advised the Council that he felt this petition did speak for the majority
of homeowners in the Subdivision, since it represented 58 out of the total of 70 lots.
This matter was referred to City Manager Wicker who stated that as soon as we receive
the grades from the Engineer then we would proceed with the drainage work.
Mr. Bill Gonzales, Pearland Wrecker Service, appeared before the City Council and advised
that he represented the Pearland Emergency Wrecker Operators in Pearland. He asked the
City Council to consider increasing the cost of wrecker service by 30% and the storage
fees from $3.00 to $5.00 (for outside) and from $5.00 to $8.00 (for inside), since it
has been five years since the Ordinance was enacted and no increase in rates has been
granted.
Mr. Gonzales complained about the number of emergency wrecker permits issued by the City,
and advised that the emergency wrecker operators have hired the firm of Watson, Benedict,
Wigginton and Wood, Attorneys, to represent them. He asked that no more emergency
wrecker operators be permitted until their attorney has a chance to work with the
Council on revisions to the Ordinance. Mayor Reid advised Mr. Gonzales that the City
Manager, as the Director of Wrecker Services under the Ordinance, would be the one
who would make recommendations to the City Council for changes in the Ordinance; there-
fore, he requested that the points be evaluated by the Director of Wrecker Services and
apprise the Council of his findings.
DOCKETED PUBLIC HEARINGS:
None
UNFINISHED BUSINESS:
APPLICATION NO. 120, LOU CORTE, AGENT FOR WAYNE MILLER AND DOROTHY MILLER CORTEMEGLIA
OWNERS, CLASSIFICATION PU TO MH:
City Attorney Williams stated that he needed additional time to brief some sections of
the Mobile Home Ordinance and the Land Use Ordinance before he could give the Council
the benefit of his opinion.
(a) REMOVE FROM THE TABLE FOR CONSIDERATION:
It was moved by Councilman Lentz, seconded by Councilman Bost that this item be removed
J
from the table for consideration.
Motion passed 5 to 0.
(b) COUNCIL DECISION ON APPLICATION NO. 120:
It was moved by Councilman Lentz, seconded by Councilman Bost that action on this item
be tabled, at the request of the City Attorney, until a future meeting.
Motion passed 4 to 1. Councilman Gray opposed.
11% '_ g" 3
NEW BUSINESS:
ADDENDUM TO LIBRARY/COMMUNITY CENTER PROJECT TO COVER REAR PROJECTION ROOM FURNISHINGS:
It was suggested that this item be placed out for bids rather than including it as an
addendum to the present construction contract for the building. The approximate cost
would be $10,100.00. This bid would cover installation also.
It was moved by Councilman Frauenberger, seconded by Councilman Gray that the City
r` Manager and Staff be authorized to bid for the rear projection room equipment, including
installation, as outlined in the request from the Library Board dated April 22, 1983.
Motion passed 5 to 0.
City Manager Wicker was requested to obtain.the square -foot cost of the Library and
Community Center so that the cost of the Library and furnishings and the Community
Center less furnishings may be separated. This will enable the Council to determine
cost -wise where we are on the projects.
BID NO. B83-7, CAB & CHASSIS AND REMOUNT FOR PEARLAND EMERGENCY MEDICAL SERVICES:
Bid No. B83-7 reviewed by the City Council as follows:
VENDOR PRICE (A) PRICE (B) TOTAL DELIVERY TERMS
DATE
Texas Superior (No Bid)
Superior Southwest $17,985.00 $6,621.00 $24,606.00
Summers Ambulance 2% Discount on Del.
and Coaches $16,080.41 $3,300.00 $19,380.41 45 Days $1,400.00 Trade In
Production Eng., Inc. $16,197.00 $5,100.00 $21,297.00
City Manager Wicker recommended that Summers Ambulance & Coach Sales be awarded the bid,
in the amount of $19,380.41, as the lowest and best bid. This company also offered a
two -percent discount for payment on delivery.
It was moved by Councilman Gray, seconded by Councilman Frauenberger that Bid No. B83-7
be awarded to Summers Ambulance & Coach Sales in the amount of $19,380.41 for cab,
chassis, and remount.
Motion passed 5 to 0.
SPECIFIC USE PERMIT - PEARLAND INDEPENDENT SCHOOL DISTRICT:
The City Council considered the request of the Pearland Independent School District for
an addition of 18 classrooms, library and offices onto the school located on Harkey Road
in a Pre -Development District. The Planning & Zoning Commission, in a letter dated
May 4, 1983, recommended that this Specific Use Permit be granted.
City Engineer Qualtrough advised the City Council that he did not foresee any problems
relating to the sewer service for this addition. It was possible, however, that the
pumps might have to be adjusted to take care of this additional useage.
It was moved by Councilman Bost, seconded by Councilman Mack that the Specific Use Permit
requested by the Pearland Independent School District for the addition of .18 classrooms,
a library, and offices be granted.
Motion passed 5 to 0.
ORDINANCE NO. 454, AN ORDINANCE OF THE CITY OF PEARLAND ORDERING THE RATES TO BE CHARGED
BY ENTEX, INC.:
Ordinance No. 454 read in caption by Mayor Reid. (First Reading)
It was moved by Councilman Gray, seconded by Councilman Lentz that Ordinance No. 454 be
passed and approved on first of two readings. Said Ordinance No. 454 reads in caption
as follows:
ORDINANCE NO. 454
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FIXING AND
ORDERING THE RATES TO BE CHARGED BY ENTEX, INC. FOR GAS
AND GAS SERVICE TO RESIDENTIAL AND SMALL COMMERCIAL CUS-
TOMERS WITHIN THE CITY OF PEARLAND, TEXAS, ESTABLISHING
THE EFFECTIVE DATE; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING FOR SEVERABILITY.
Voting "Aye": Councilman Gray, Councilman Frauenberger, Councilman Mack, Councilman
Bost, and Councilman Lentz.
Voting "No": None
Motion passed 5 to 0.
1983-86 FEDERAL AID URBAN SYSTEM:
It was moved by Councilman Lentz, seconded by Councilman Bost that our three projects,
to be considered for inclusion in the 1983-86 Federal Aid Urban System, be F.M. 518
from Westminister to Galveston County line.
Motion passed 5 to 0.
A letter to be forwarded to the State Department of Highways and Transportation relay-
ing the minute order with a resolution to follow at the next regular meeting.
UNFINISHED BUSINESS: (Continued)
FIRST UNITED METHODIST CHURCH'S REQUEST FOR CLOSING OF A PORTION OF THE ALLEY IN BLOCK
11, OLD TOWNSITE:
City Attorney Williams advised that Art. 5421c, VATS Sec. 2 (b) permits the City to sell
this property without bid process or newspaper notice; therefore, if other information
previously requested has been received by the City, then authorization for the ordinance
to be prepared would be in order.
City Manager Wicker stated that the City has a Certified Appraisal of the Property, which
was appraised at 10� per square foot or $400.00 for the 20 x 200 ft. portion, with cost
of this appraisal being $200.00. He recommended that we set the price on the property
to be $400.00 plus appraisal fee and plus any fee for relocation of utilities that are
necessary, and releases from all other utilities on the use of the alley.
It was moved by Councilman Gray, seconded by Councilman Frauenberger that the City
Attorney be authorized to prepare the proper ordinance allowing conveyance of 20 x 200
foot portion of the alley in Block 11, Old Townsite, to the First United Methodist
Church, subject to the following stipulations: 1. Purchase price of $400.00; 2. Payment
of $200.00 appraisal fee by purchaser; 3. Payment of cost of relocation of any utilities;
and 4. Releases from all other utilities.
Motion passed 5 to 0.
ENGINEERING PROPOSAL FOR DIXIE FARM ROAD PAVING AND DRAINAGE FROM H. PLATT THOMPSON
ENGINEERING. INC.:
It was moved by Councilman Bost, seconded by Councilman Gray that this item be post-
poned until the next regular Council meeting.
Motion passed 5 to 0.
City Manager Wicker is to contact H. Platt Thompson and ask that he be present at this
.� meeting to answer questions regarding his proposal.
OTHER BUSINESS:
RECESSED AT 9:05 P. M. TO EXECUTIVE SESSION, TEXAS OPEN MEETING'S LAW, SECTION 2, SUB-
SECTION (g) PERSONNEL.
RETURNED TO OPEN SESSION AT 9:30 P. M.
APPOINTMENTS TO PLANNING & ZONING•COMMISSION:
It was moved by Councilman Frauenberger, seconded by Councilman Mack that the following
be reappointed as members of the Planning & Zoning Commission for a three-year term:
C. B. Starns
Richard Tetens
Leroy J. Savoie
Motion passed 5 to 0.
RECESSED AT 9:33 P. M. TO EXECUTIVE SESSION, TEXAS OPEN MEETING'S LAW, SECTION 2, SUB-
SECTION (e) LEGAL AND SECTION 2, SUBSECTION (g) PERSONNEL.
RETURNED TO OPEN SESSION AT 11:00 P. M. - NO ACTION
ADJOURN:
Meeting adjourned at 11:01 P. M.
Minutes approved as submitted and/or corrected this theXf day of
A. D., 1983.
Mayor
ATTEST:
01
ity Secretary