1981-09-28 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD
ON SEPTEMBER 28, 1981, AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVE., PEARLAND, TEX.
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
Al Lentz
Charles R. Mack
Harry Farley
Carlton McComb
Terry Gray
Ronald J. Wicker
Bobby J. Williams
Dorothy L. Cook
The invocation was given by City Attorney Williams. The Pledge of Allegiance was led
by Councilman McComb.
APPROVAL OF MINUTES:
It was moved by Councilman Lentz, seconded by Councilman Mack that the minutes of the
regular meeting held on September 14, 1981, be approved as submitted.
Motion passed 5 to 0.
MAYOR'S ACTIVITY REPORT:
Mayor Reid read a letter dated September 16, 1981, from M. L. (Joe) Singleton advis-
ing that he had accepted a position as Chief of Police of League City effective
October 1, 1981, and was resigning his position as Diaster Coordinator for the City
of Pearland as of September 30, 1981.
COUNCIL ACTIVITY REPORTS:
Councilman McComb discussed the possibility of the City doing some street reconstruction
on Shank Road and other streets within the City. He asked that this item be placed on
the next agenda for consideration by the City Council. The City Manager is to furnish
a list of streets he would recommend for such a project.
DEPARTMENTAL REPORTS:
City Manager Wicker reported that the Drainage District was installing the 60" tile
along Orange Street. This tile was purchased by the City and installed by the Drainage
District in a cooperative effort of the two governmental agencies. Mr. Wicker stated
that he felt this drainage tile installation should help the flooding in Willowcrest.
City Manager Wicker reported that the Meca Cable Television has been put on notice
to complete its installation in Pearland, or the City would exercise its rights
under the franchise and penalize the Company for each day the installation was
incomplete.
Mayor Reid reported that he and the City Manager attended the Green Te -.e.. Homeowner's
Association meeting the past week.
t 9 1
CITIZENS:
Mrs. Jeannine Ivy, Shank Road resident, appeared before the City Council. Mrs. Ivy
advised that she felt that larger culverts off Mykawa Road at Shank needs to be
installed. The ditches on both sides of the road needs to be dug out and the road
needs to be resurfaced. She inquired about the open pitsinsidethe City Limits.
The Allstate Vacuum Company has such pits where drilling mud is dumped.
Mr. Steve Kennedy/David R. Moore - Mr. Kennedy appeared before the City Council on
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behalf of both he and Mr. Moore. He advised that they wished to divide an eight -acre
tract into two four -acre tracts and construct two homes. They wished to find out
what type of road surface would be required for the ingress and egress to the property.
He advised that he felt that the requirement of concrete street with curbs and gutters
would be prohibitive cost wise.
Mr. Kennedy was advised to contact the City Manager to discuss large tract divisions
as set out in the subdivision ordinance and to discuss other problems related to
division of this property.
CHANGE IN ORDER OF BUSINESS:
NEW BUSINESS:
APPOINTMENTS:
It was moved by Councilman Gray; seconded by Councilman Lentz that Joe K. Barnett be
appointed as Fire Marshal for the City of Pearland.
Motion passed 5 to 0.
Mayor Reid administered the Oath of Office to Joe Barnett.
It was moved by Councilman Farley, seconded by Councilman Lentz that the resignation
of M. L. (Joe) Singleton as=Disaster Coordinator effective September 30, 1981, be
accepted.
Motion passed 4'to 0. Councilman McComb absent from meeting at this time.
It was moved by Councilman Farley, seconded by Councilman Lentz that Ray L. Blaylock,
Jr., be appointed as Disaster Coordinator for the City of Pearland.
Motion passed .4 to 0. Councilman McComb absent from meeting at this time.
Mayor Reid administered the Oath of Office to Mr. Blaylock.
CHANGE IN ORDER OF BUSINESS
DOCKETED PUBLIC HEARINGS:
1. LAND USE CHANGE - APPLICATION NO. 100 - FRANK A. TOUSINAU, AGENT FOR LESLIE L.
APPELT, TRUSTEE - REQUEST FOR CHANGE IN LAND USE FROM CLASSIFICATION PLANNED UNIT
TO COMMERCIAL ON THE FOLLOWING DESCRIBED PROPERTY TO -WIT:
A 2.7548 acre tract of land out of Tract No. 78 of the Zychlinski
Subdivision of the R. B. Lyle Survey, Abstract 542, Pearland, Brazoria
County, Texas, and being out of a tract conveyed to Leslie L. Appelt,
Trustee, recorded in Volume 1372, Page 616 of the Brazoria County Deed
Records. (S/E corner Highway 35 and Knapp).
PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE:
Mr. Frank A. Tousinau, Agent for Leslie Appelt, Trustee, advised that he was repre-
senting Mr. Appelt on the request for zone change and that Mr. Appelt has a buyer
for the property.
PERSONS SPEAKING AGAINST THE LAND USE CHANGE:
None
QUESTION AND ANSWER PERIOD:
Mayor Reid read into the records a report from the Planning & Zoning Commission dated
September 4, 1981 wherein the Commission recommended that the zoning request be
approved.
City Attorney Bobby Williams asked Mr. Tousinau if the proposed buyer of the prop-
erty understood exactly what he could and could not do under commercial classifi-
cation. Mr. Tousinau advised that the buyer did understand.
ADJOURN:
Hearing adjourned at 8:45 P. M.
CHANGE IN ORDER OF BUSINESS
NEW BUSINESS:
COUNCIL DECISION ON APPLICATION NO. 100, FRANK A. TOUSINAU, AGENT:
It was moved by Councilman Gray, seconded by Councilman Lentz that the City Attorney
be authorized to prepare ordinance for Council's consideration on the request by Frank
A. Tousinau, Agent, Application 100, for a zone change from PU to Commercial.
Motion passed 5 to 0.
MEETING RECESSED 9:46 P. M. - RECONVENED AT 9:50 P. M.
UNFINISHED BUSINESS:
ORDINANCE NO. 181-1, AN ORDINANCE AMENDING CHAPTER 12, CODE OF ORDINANCE (GARBAGE &
TRASH):
Ordinance No. 181-1 read in caption by Mayor Reid. (First Reading)
It was moved by Councilman Lentz, seconded by Councilman McComb that Ordinance No.
181-1, as amended, be passed and approved on first of two readings. Said Ordinance
No. 181-1 reads in caption as follows:
ORDINANCE NO. 181-1
AN ORDINANCE AMENDING CHAPTER 12, OF THE CODE OF ORDINANCES
OF THE CITY OF PEARLAND, TEXAS, BY ADDING AND DELETING
SPECIFIC SECTIONS CONTAINED THEREIN; PROVIDING FOR AN
EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING
TO THE SUBJECT.
Voting "Aye": Councilman Gray, Councilman McComb, Councilman Lentz, Councilman Mack,
and Councilman Farley.
Voting "No": None
Motion passed 5 to 0.
NEW BUSINESS:
REQUEST BY PARKS & RECREATION BOARD TO SELL BEER AT THE 1ST ANNUAL PEARLAND PARKS AND
RECREATION CHILI COOK -OFF:
It was moved by Councilman Gray, seconded by Councilman McComb that the Parks & Recre-
ation Department be granted permission to sell beer in Independence Park at the first
Annual Pearland Parks and Recreation Chili Cook -off to be held on November 7, 1981.
Motion passed 5 to 0.
AWARD OF BIDS:
The following bids were reviewed by the City Council on Bid No. B81-14, Emergency
Medical Services Building & Extension to the Fire Station:
BIDDERS NAME
David L. Smith, Jr.
Losco Building Systems
EMS BUILDING FIRE STATION
$83,000.00
86,345.00
$16,900.00
15,421.00
TOTAL BID SURETY
$ 99,900.00 CC $5,000.00
101,766.00 CC 5,089.00
Gary Jackson, Purchasing Agent for the City, advised that the bid submitted by David
L. Smith, Inc. did not have the addendum figured in the bid; therefore, he recommended
that LOSCo Building Systems be awarded the bid.
It was moved by Councilman Mack, seconded by Councilman Farley that Bid No. B81-14,
Emergency Medical Services Building and Extension to the Fire Station be awarded to
Losco Building Systems, Inc. in the amount of $86,345.00 for EMS Building and
$15,421.00 for addition to Fire Station, for a total of $101,766.00, and the Mayor
be authorized to execute thecontract.
Motion passed 5 to 0.
The following bids were reviewed by the City Council on Bid NO. B81-15, Refuse Paper
Bags:
BIDDER
St. Regis Paper Co.
c/o Benjamin Feld & Associates
PRIMARY BID (W/PRINTING)
$ .187 per bag
$ 9.724 each bundle of 52 bags
$79,475.00 total net price (425,000 bags)
ALTERNATE BID (W/O PRINTING)
$ .186 per bag
$ 9.672 each bundle of 52 bags
$79,050.00 total net price (425,000 bags)
DELIVERY DATE
BIDDER
Great Plains Bag Corporation
PRIMARY BID (W/PRINTING)
$ .20 per bag
$ 10.40 each bundle of 52 bags
$85,000.00 total net price (425,000 bags)
ALTERNATE BID (W/O PRINTING)
$ .20 per bag
$ 10.40 each bundle of 52 bags
$85,000.00 total net price (425,000 bags)
DELIVERY DATE
one --half order — within 30 days one-half order - November 23, 1981
other half - 6 months after first other half - 6 months after first
delivery or sooner if delivery or sooner if
needed. needed.
It was moved by Councilman Lentz., seconded by Councilman McComb that Bid No. B81-15 be
awarded to the St. Regis Paper Company in the amount of $79,475.00 and the Mayor be
authorized to execute a contract, if necessary.
Motion passed 5 to 0.
T T TTTC -L+ -C .
ADJUSTMENTS IN THE 1980-81 BUDGETS:
It was moved by Councilman Farley, seconded by Councilman McComb that the current estimated
reserve,be allocaf.ed:as follows: $205,000 beginning balance in the 1981-82 Budget;
$101,766 to EMS & Fire Station Building; $50.,.000 to`Drainage pipe'on Orange Street; and
$61,000 for.the Brown & Root contract -for road construction.
Motion passed 5 to 0. g
It was moved by Councilman Farley, seconded by Councilman Mack that the following
adjustments be made in the 1980-81 Budgets:
GENERAL FUND Estimated Income $3,605,470
Estimated Expense 3,119,296
WATER & SEWER Estimated Income $ 980,146
Estimated Expenses 980,146
and the remaining balance in the Council Contingency Fund of $729.56 be allocated to
drainage fuel.
Motion passed 5 to 0.
ADJUSTMENTS IN THE 1980 TAX ROLL:
Tax Assessor Collector Jim DeShazer presented the Adjustments in the 1980 Tax Roll for
consideration by the City.Council. Total recap of the adjustments to the Roll are as
follows:
ASSESSED VALUE: Addition to the Roll $ 957,856.00
Reduction to the Roll -2,023,415.00
Adjusted Revised
Net Assessed Value $-1,065,559.00
TAX COMPUTATION: Addition to Roll $ 1,998.41
Reduction to Roll - 10,315.61
Adjusted -Revised Tax
Dollars gained/lost ($- 8,317.20)
It was moved by Councilman McComb, seconded by Councilman Gray that the adjustments to the
1980 Tax Rolls as presented by the tax assessor be approved. Motion passed 5 to 0.
RESOLUTION NO. -R81-723 - OFFICIAL NEWSPAPER:
The City received one proposal from a newspaper of general circulation in the City of
Pearland to serve as the official newspaper for the year beginning October 1, 1981.
The proposal was from The Journal with the cost to be seven cents (7G) per word with
deadline for legal notices on Tuesday at 11:00 A. M.
Resolution No. R81-23 read in full by Mayor Reid.
It was moved by Councilman McComb, seconded by Councilman Lentz that Resolution No.
R81-23 be passed and approved on first 4nd only reading. Said Resolution No. R81-23
reads in caption as follows:
i
RESOLUTION NO. R81-23
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 Farley, Councilman Mack, Councilman Lentz, Councilman McComb,
and Councilman Gray.
Voting "No": None
Motion passed 5 to 0.
RESOLUTION NO. R81-24, DETERMINING CHARGES FOR WATER SERVICE FURNISHED BY THE CITY OF
PEARLAND:
Resolution No. R81-24 read in full by Councilman Lentz.
It was moved by Councilman Lentz, seconded by Councilman Gray that Resolution No. R81-24
be passed and approved on first and only reading. Said Resolution No. R81-24 reads in
caption as follows:
RESOLUTION NO. R81-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DETERMINING CHARGES FOR WATER SERVICE FURNISHED BY
THE CITY, AS PROVIDED IN CHAPTER 30, ARTICLE II, SECTION
30-38 OF THE CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE
DATE.
Voting "Aye": Councilman Mack, Councilman Lentz, Councilman Gray, Councilman Farley,
and Councilman McComb.
Voting "No": None
Motion passed 5 to 0.
ORDINANCE NO. 220-5, AN ORDINANCE REVOKING ORDINANCE NO. 220-4, WATER RATES:
Ordinance No. 220-5 read in caption by Mayor Reid. (First Reading)
It was moved by Councilman Gray, seconded by Councilman Lentz that Ordinance No.
220-5 be passed and approved on first of two readings. Said Ordinance No. 220-5
reads in caption as follows:
ORDINANCE NO. 220-5
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, REVOKING
ALL PROVISIONS OF ORDINANCE NO. 220-4 HERETOFORE PASSED
BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS.
Voting "Aye": Councilman Gray, Councilman McComb, Councilman Lentz, Councilman Mack,
and Councilman Farley.
Voting "No": None
Motion passed 5 to 0.
RESOLUTION NO. R81-25, A RESOLUTION DETERMINING CHARGES FOR GARBAGE SERVICE FURNISHED
BY THE CITY OF PEARLAND:
Resolution No. R81-25 read in full by Councilman Farley.
It was moved by Councilman Farley, seconded by Councilman Lentz that Resolution No.
R81-25 be passed and approved on first and only reading. Said Resolution No. R81-25
reads in caption as follows:
RESOLUTION NO. R81-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DETERMINING CHARGES FOR GARBAGE SERVICE FURNISHED
BY THE CITY, AS PROVIDED IN CHAPTER 30, ARTICLE II,
SECTION 30-38 OF THE CODE OF ORDINANCES; AND PROVIDING
FOR AN EFFECTIVE DATE.
Voting "Aye": Councilman Farley, Councilman Mack, Councilman Lentz, Councilman McComb,
and Councilman Gray.
Voting "No": None
Motion passed 5 to 0.
ORDINANCE NO. 280-4, AN ORDINANCE REVOKING ORDINANCE NO. 280-3, GARBAGE RATES:
Ordinance No. 280-4 read in caption by Mayor Reid. (First Reading)
It was moved by Councilman Lentz, seconded by Councilman Mack that Ordinance No.
280-4 be passed and approved on first of two readings. Said Ordinance No. 280-4
reads in caption as follows:
ORDINANCE NO. 280-4
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, REVOKING
ALL PROVISIONS OF ORDINANCE NO. 280-3 HERETOFORE PASSED
BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS. `—
Voting "Aye": Councilman Farley, Councilman Mack, Councilman Lentz, Councilman McComb,
and Councilman Gray.
Voting "No": None
Motion passed 5 to 0.
CHANGE IN LAST MEETING DATE IN OCTOBER DUE TO TEXAS MUNICIPAL LEAGUE CONVENTION:
It was moved by Councilman McComb, seconded by Councilman Lentz that the last regular
meeting scheduled in October be changed from October 26, to October 22, due to conflict
with the Texas Municipal League Convention.
Motion passed 5 to 0.
OTHER BUSINESS:
Meeting recessed at 9:50 P. M. to Executive Session under .Texas Open Meeting's Law,
Legal
Section 2, Subsection (e)/and Texas Open Meeting's Law, Section 2, Subsection (g)
Personnel.
Reconvened to open session at 11:00 P. M. No action.
ADJOURN:
Meeting adjourned 11:01 P. M.
Minutes approved as submitted and/or corrected this the ),,7 day of oe-::z �
A. D., 1981.
J /A�
Mayor
ATTEST:
City Secretary