1979-04-23 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY'tOUNCIL OF THE CITY OF PEARLAND, TEXAS,
HELD ON APRIL 23, 1979, 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
Councilman
Councilwoman
r Councilman
Councilman
City Manager
City Attorney
Assistant City Secretary
INVOCATION AND PLEDGE OF ALLEGIANCE:
Tom Reid
Dennis Frauenberger
Charles Mack
Fran Coppinger
Carlton McComb(Enteredat 7:45 P.M.)
Morris Wilson
William E. Wolff
Bobby J. Williams
Loretta K. Bonin
The invocation was given by City Attorney Bobby J. Williams. The Pledge of
Allegiance was led by Mrs. Shirley Matlock.
APPROVAL OF MINUTES:
It was moved by Councilman Frauenberger, seconded by Councilman Wilson that the
minutes of the regular meeting held on April 9, 1979, be approved as submitted.
Motion passed 3 to 0. Councilman Mack abstained and Councilman McComb not
present for vote.
MAYOR'S ACTIVITY REPORT:
Mayor Reid presented a Proclamation for American Business Women's Association
Scholarship Month in May, 1979, to Mrs. Shirley Matlock.
Mayor Reid also reported on the letter addressed to Mr. Poorman regarding the
JI signal at the intersection of Woody Road and Corrigan Drive on Highway 518. He
stated that Mr. Poorman had -sent a letter to the City of Pearland with some
suggestions regarding this matter.
COUNCIL ACTIVITY REPORTS:
Councilman Frauenberger reported on the development of the YMCA program in the
Pearland area. There are about 100 citizens working on the YMCA steering
committee and the YMCA should be available the first of June.
Councilman Wilson reported that the grand opening of the Municipal Swimming
Pool in Independence Park is going smoothly.
DEPARTMENTAL REPORTS:
City Manager Wolff reported that the.Chief of Police will be away for a few days.
His mother-in-law passed away and the funeral will be held in Ada, Oklahoma.
CITIZENS:
Mr. Donald Capps, a resident of Longwood Park Subdivision and spokesman for the
citizens of this subdivision, spoke before the City Council regarding the
proposed pipelines to go through the City of Pearland near this subdivision.
Mr. Capps revealed various items of information to the City Council concerning
this pipeline and pipelines in general and spoke in behalf of the citizens
residing in this subdivision as being definitely against the laying of this
pipeline.
UNFINISHED BUSINESS: (CHANGE IN ORDER OF BUSINESS)
SOUTH TEXAS PIPE LINE COMPANY AND PHILLIPS PIPE LINE COMPANY:
Mayor Reid asked that these items be passed until another meeting date.
He also asked City Attorney Williams and City Manager Wolff to evaluate the
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information
5
information Mr. Capps delivered to the City Council for further investigation
and to report back at a later date.
DOCKETED PUBLIC HEARINGS: None
UNFINISHED BUSINESS:
BID NO. B79-3, STREET SWEEPING:
Ron Wicker recommended to the City Council that it would be to the City's benefit
to purchase its own street sweeper instead of accepting bids to a street sweeping
company.
It was moved by Councilman Frauenberger, seconded by Councilman Wilson that the
Council reject all bids submitted on Bid No. B79-3, Street Sweeping. Motion
passed 5 to 0.
NEW BUSINESS:
ELECTION OF MAYOR PRO TEM BY CITY COUNCIL:
It was moved by Councilman Wilson, seconded by Councilman McComb that Councilman
Dennis Frauenberger be appointed as Mayor Pro Tem. Motion passed 5 to 0.
BID NO. B79-5, WATER MAIN CONSTRUCTION ON MAGNOLIA ROAD AND JOHN LIZER ROAD:
The following bids were submitted:
BIDDER
BASE BID
ALTERNATE BID
WORKING DAYS
BEN FELTS CONTRACTING CO.
$110,811.19
$106,044.00
60
INTERURBAN PIPELINES, INC.
119,503.12
110,093.63
J. C. CONSTRUCTION CO.
148,671.25
140,985.25
45
MAINLAND CONSTRUCTION CO.
137,333.24
133,673.99
45
MERCER CONSTRUCTION CO.
154,239.00
150,559.75
100
MERIDIAN CONSTRUCTION CO., INC.
138,408.75
133,704.00
80
MORA CONSTRUCTION CO.
1341604.00
123,068.55
60
PASTEX CONSTRUCTION, INC.
128,313.55
125,281.60
70
SABINE CONSOLIDATED, INC.
135,293.00
134,247.50
75
TOM -CO.
134,976.25
133,630.25
60
DAVID WIGHT CONSTRUCTION CO.,INC.
126,580.50
120,307.50
60
City Engineer Malcolm Collins recommended to the City Council that the Ben Felts
Contracting Company be awarded the bid as the lowest and best bidder in the
amount of $110,811.19 with 60 working days.
It was moved by Councilman McComb, seconded by Councilman Frauenberger the Bid
No. B79-5, water main construction on Magnolia Road and John Lizer Road, be
awarded to the Ben Felts Contracting Company in the amount of $110,811.19 for
60 working days and that the money be appropriated from the Bond Fund voted
last year and that the Mayor be authorized to sign the contract. Motion
passed 5 to 0.
ACCEPTANCE OF CONSTRUCTION OF MUNICIPAL SWIMMING POOL:
Ron Wicker reported to the City Council that he met with P.G. Bell concerning
many minor items that needed to be repaired at the swimming pool site. Many
of these items have been repaired with the only one being the parking lot that
needs to be tested to see if it might need further repairs.
MEETING RECESSED AT 8:15 P.M. - RECONVENED AT 8:25 P.M.
This item will be passed until a later time in the agenda.
RESIGNATION OF MEMBER OF BOARD OF EQUALIZATION AND APPOINTMENT OF REPLACEMENT:
Mayor Reid read a letter dated April 19, 1979, from Mr. Toby Lytle giving notice
151
of his resignation from the Board of Equalization.
It was moved by Councilman Wilson, seconded by Councilman McComb that the Council
accept Toby Lytle's resignation. Motion passed 5 to 0.
The appointment will be made at a later time in the agenda.
APPOINTMENTS TO THE PLANNING AND ZONING COMMISSION AND ZONING BOARD OF ADJUSTMENTS:
These appointments will be made at a later time in the agenda.
REPORT FROM PLANNING AND ZONING COMMISSION ON APPLICATION NO. 66, JIM TUCKER,
AND CALL OF PUBLIC HEARING BEFORE THE CITY COUNCIL:
Mayor Reid read a letter dated April 20, 1979, from' -the Planning and Zoning
Commission stating that the Planning and Zoning Commission denied the request
for change on Application No. 66, Jim Tucker, from R-1 to NS.
It was moved by Councilman Frauenberger, seconded by Councilman McComb that the
recommendation from the Planning and Zoning Commission be accepted into the
records and that a Public Hearing be called for Application No. 66, Jim Tucker,
before the City Council on May 14, 1979, at 7:30 P.M. under Docketed Public
Hearings of the regular council agenda. Motion passed 5 to 0.
CALL.OF PUBLIC HEARING BEFORE THE PLANNING AND ZONING COMMISSION ON APPLICATION
NO. 67 AND APPLICATION NO. 68:
It was moved by Councilman Wilson, seconded by Councilman McComb that a Public
Hearing be called before the Planning and Zoning Commission for Application No.
67, Aaron Pasternak, Trustee, for a request for change in zoning from PU to MF
and NS on May 15, 1979, at 7:30 P.M. Motion passed 5 to 0.
It was moved by Councilwoman Coppinger, seconded by Councilman Frauenberger that
a Public Hearing be called before the Planning and Zoning Commission for
�. Application No. 68, Green Tee Corporation, for a request for change in zoning
from PU to OP on May 15, 1979, at 7:30 P.M. Motion passed 5 to 0.
REQUEST BY ALEXANDER ESTATE FOR ABANDONMENT OF ALLEY IN BLOCK D OF OLD TOWNSITE:
City Manager Wolff reported that the Alexander Estates wishes to sell their
property in Block D of the Old Townsite to MacDonald's Hamburger Company and
they will need the alleyway for development also. Mr. Wolff stated that he
has spoken to Mr. Charles Webb, representative of the Alexander Estate, about
swapping.some of their land, approximately 1,200 square feet which is equivalent
tothe alleyway, to the City of Pearland for the alleyway. Mr. Webb was
present in the audience and made his request to the City Council.
This item will be passed until a later time in the agenda.
.OTHER BUSINESS:
EXECUTIVE SESSION - TEXAS OPEN MEETING'S LAW, SECTION 2, SUBSECTION (g) PERSONNEL.
RECESSED AT 8:45 P.M. —RECONVENED AT 10:00 P.M.
Action as a result of Executive Session:
It was moved by Councilman Frauenberger, seconded by Councilman Wilson that Mrs.-
Frances
rs.Frances Lobb be appointed to the Board of Equalization. Motion passed 5 to 0.
It was moved by Councilman McComb, seconded by Councilman Mack that Mr. Joe
Weber be reappointed for another three year term and that Mr. Harry Farley be
appointed to replace the vacancy created by Mr. Charles Mack for a three year
term. Motion passed 5 to 0.
It was moved by Councilman Wilson, seconded by Councilwoman Coppinger that Victor
Nolen, Robert Wasinger, E. A. Wasek, Henry Mingarelli, and Tommy Scott be
reappointed to the Zoning Board of Adjustments for two year terms. Motion
passed 5 to 0.
MEETING RECESSED AT 10:15 P.M. TO BE RECONVENED AT 7:30 P.M. ON WEDNESDAY,
APRIL 25, 1979, FOR CONSIDERATION AND POSSIBLE ACTION ON THE FOLLOWING
ITEMS:
NEW BUSINESS:
ACCEPTANCE OF CONSTRUCTION OF MUNICIPAL SWIMMING POOL, AND REQUEST BY
ALEXANDER ESTATE FOR ABANDONMENT OF ALLEY IN BLOCK D OF OLD TOWNSITE.
MEETING RECONVENED AT 7:30 P.M. APRIL 25, 1979, WITH THE FOLLOWING PRESENT:
Mayor Reid, Councilman Frauenberger, Councilwoman Coppinger:; Councilman Mack,
Councilman Wilson, City Manager Wolff, and City Secretary Dorothy L. Cook.
Absent: Councilman McComb and City Attorney Bobby Williams.
NEW BUSINESS: (CONTINUED)
ACCEPTANCE OF CONSTRUCTION OF MUNICIPAL SWIMMING POOL:
Ron Wicker, Director of Planning and Transportation, advised in a memo dated
April 25, 1979, that the parking lot of the new pool had been flooded at 9:00
A.M. Wednesday morning and by 1:00 P.M. there were no traces of water visible.
Mr. Wicker advised that all other items that needed correction have been taken
care of. Mr. Wolff advised that the City Engineer Malcolm Collins concurred
with this report.
It was moved by Councilman Wilson, seconded by Councilman Mack that the City
accept the parking lot and new community pool. Motion passed 4 to 0.
Councilman McComb absent.
REQUEST BY ALEXANDER ESTATE FOR ABANDONMENT OF ALLEY IN BLOCK D OF OLD TOWNSITE:
Mr. John Alexander, Mr. and Mrs. Boykin Barton, and Mr. Charles Webb were
present representing the Alexander Estate to discuss with the City Council their
request for the City to abandon the alley located in Block D of the Old Townsite.
Mr. John Alexander advised the City Council that the Estate had an offer for
sale of this land; however, this sale was contingent upon the abandonment of the
alley so it could be used by the buyer. The City Council discussed exchange of
land that could be utilized by the City for its citizens, if abandonment of the
alley was agreed upon. City Manager Wolff suggested that the alley be exchanged
for the property north of the City Hall; however, Mr. Alexander advised that this
property was not owned by the Estate, and that the Alexander Estate has already
promised to give right-of-way on Old Alvin Road and John Lizer Roads. He referred
to a letter dated April 7, 1977 regarding right-of-way adjacent to John Lizer
Road. Councilman Frauenberger read into the records the letter for the Estate of
C. H. Alexander dated April 7, 1977, as follows:
"City of Pearland
P. 0. Box 1157
Pearland, Texas 77581
Attention: Mr. William E. Wolff, City Manager
Re: Your request for a 20 foot right-
of-way adjacent to the John Lizer
Road, Pearland, Brazoria County,
Texas
Dear Sir:
Reference is made to your letter to Mr. Tom Alexander, 3208 Knottingham
Pearland, Texas 77581, dated March 2, 1976 captioned as above requesting a
153,
20 foot right-of-way adjacent to the John Lizer Road, Pearland, Brazoria,
County, Texas, 77581. The land tracts are listed as follows:
Tract 3, 5 and 2 of Abstract F B Drake, A 507 Survey and Tract 128, Abstract
ACH & B 147 Survey, Pearland, Brazoria County, Texas.
The terms of providing the 20 foot right-of-way are as follows:
We are in agreement to give the right-of-way provided that all other
Property Owners adjacent to the John Lizer Road as from Highway 35 to Mary's
Creek comply with this request.
If the City of Pearland compensates any one of these land owners, we
would want to be compensated at the same rate.
We would want the City of Pearland to agree to build a road comparable
to the road that you are building for Mr. Aaron Pasternak leading from F.M.
518 to Mary's Creek, without an assessment on a per foot basis to the
Alexander Interest.
This Agreement between the Alexander Interest and the City of Pearland
should be completed within six (6) months time from the deeding of the property.
The deeding of the property will not be put on record in Brazoria County
until all deeds from the Lizer Road Property Owners are in hand.
We would want the City of Pearland to either replace a new four (4) barb
wire fence or compensate for same along the Alexander Property, adjacent to
the John Lizer Road, Pearland, Brazoria County, Texas, 77581.
We would want an agreement that this right-of-way may be used for water
and sewer as well as road use. Also, that the City of Pearland would bear
all the legal expense preparing the right-of-way documents.
For any reason the City of Pearland should aband this road the right-of-
way should revert to the C.H. and Helen F. Alexander Estates or their assigns.
rl-' Trusting this will meet your approval.
Very truly yours,
s/John Alexander, Independent Executor
of the C.H. Alexander Estate
s/A. Guy Crouch, Independent Executor
of the Helen F. Alexander Estate"
A further discussion with the representatives of the Alexander Estate indicated
possible swap of land on Galveston Avenue or Walnut Street for the alley.
Mayor Reid appointed a Committee of Councilman Frauenberger, City Manager Wolff,
and City Attorney Williams to work with the Alexanders, and in the event some
recommendation was ready to be reviewed by the City Council, he would call a
special meeting for this purpose.
ADJOURNMENT:
The meeting adjourned at 8:10 P.M.
Minutes approved as submitted and/or corrected this % day of
A. D., 1979.
ATTEST:
Mayor
City Secretary