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1983-10-24 CITY COUNCIL REGULAR MEETING MINUTESI MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 24, 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 Charles R. Mack James E. Bost Dennis Frauenberger Terry Gray Al Lentz Ronald J. Wicker Bobby Williams Dorothy L. Cook The invocation was given by Councilman James Bost. The Pledge of Allegiance was led by City Manager Wicker. APPROVAL OF MINUTES: It was moved by Councilman Bost, seconded by Councilman Lentz that the minutes of the Regular Meeting held on October 10, 1983, be approved as submitted. Motion passed 4 to 0. Councilman Gray abstained. MAYOR'S ACTIVITY REPORT: Mayor Reid issued a Proclamation for October 31, 1983, as Halloween "Greet and Treat Day" in Pearland. Mayor Reid also issued a Proclamation, proclaiming November 2, through November 9, 1983, as "Chemical People Week". This Proclamation was issued in conjunction with the Pearlanders Against Drugs organization's planned program for the coming week. COUNCIL ACTIVITY REPORTS: Councilman Mack reported that the Planning & Development Committee would meet on October 31, 1983. DEPARTMENTAL REPORTS: City Manager Wicker reported that the major sewer line, presently being installed along Woodcreek Drive, is nearly completed. Mr. Wicker also reported that the signs denoting the closing date of Dixie Farm Road from McDonald to the North City Limits are now in place. He stated that Dixie Farm Road from F.M. 518 to McDonald will be reworked in an effort to get it in as good shape as possible prior to the work starting on the major project of Dixie Farm Road from McDonald to North City Limits. CITIZENS: None DOCKETED PUBLIC HEARINGS: (20 SIGNED REGISTER) DOCKETED PUBLIC HEARING NO. 2 - A TRACT OF LAND CONTAINING 774.736 ACRES OF LAND AS DEFINED IN PUBLIC NOTICE IN JOURNAL NEWSPAPER ON OCTOBER 5, 1983. (WEST TO THE WEST R.O.W. OF O'DAY ROAD:) MUNICIPAL SERVICE PLAN: The following Municipal Service Plan for the area to be annexed was read into the records by City Manager Wicker. Copies of this Plan were available for the public at this meeting. City Engineer Dick Qualtrough presented the plans of the City to extend water and sewer service to the area within the two and one-half year period. EXHIBIT A MUNICIPAL SERVICE PLAN The following is a summary of the Municipal Services which will be provided in the annexed area within 60 days after the effective date of the annexation. POLICE PROTECTION The annexed area will add considerably to the existing patrol and response time responsibilities of the Pearland Police Department. The area would receive patrol service two to three times an eight hour watch. Response time for non emergency calls should not exceed five minutes. Traffic on O'Day Road would be under close surveil- lance as needed. FIRE PROTECTION The Pearland Volunteer Fire Department currently services the area referenced. Response time to this area is approximately 5-7 minutes. SOLID WASTE COLLECTION Solid waste collection will be provided for this area in the following manner: Residential garbage pickup will consist of twice a week pickup on Tuesdays and Fridays; limbs and other burnable items will be picked up every other Wednesday. Special hauling to the landfill by the residential user will be allowed on the first and third Saturdays from 9:00 AM until 3:00 PM by presenting a valid identification and water bill receipt. Commercial establishments will be served as determined by need. VOLUNTEER EMERGENCY MEDICAL SERVICES Pearland Emergency Medical Service presently covers the area with emergency service. Our average approximate response time is five minutes. MAINTENANCE OF WATER AND WASTE WATER FACILITIES All water and waste water facilities serving the City and the annexed area will be maintained by the City in the same manner as the maintenance operation exists within the current corporate limits. MAINTENANCE OF ROADS AND STREETS All City roads and streets in the annexed area will be maintained by the City Street Department in accordance with its regular maintenance program. The Street Lighting Program for the annexed area will be in accordance with the City Street Lighting Policy as it now exists or may hereafter be amended. MAINTENANCE OF PARKS, PLAYGROUNDS AND SWIMMING POOLS AND THE MAINTENANCE OF ANY OTHER PUBLICLY OWNED FACILITY, BUILDING OR SERVICE No public facility of this nature exists in the annexed area. PERSONS WISHING TO SPEAK FOR THE ANNEXATION: None PERSONS WISHING TO SPEAK AGAINST THE ANNEXATION: 1. S. A. Lane, 2210 N. Houston, Pearland; 2. Lee Thomas, Route 3, Box 3930, Pearland; 3. Roy Allen, Route 3, Box 3197, Pearland; 4. Henry Hrivnatz, Route 6, Box 3943, Pearland 55 5. Harry Truelock, speaking for Jack Alexander, Houston,. Texas; 6. John Alexander, Pearland; 7. Lucille Idoux, Pearland; 8. Mrs. Orval Valentine, 6530 W. Orange, Pearland 9. Florence W. Orange Street, Pearland. QUESTION AND ANSWER PERIOD: The question from the audience regarding what would 'happen if services as stated for water and sewer were not installed in the two and one-half year period, City Manager Wicker advised that the residents could present a petition to the Council asking for disannexation. The question about dogs and control was asked. Councilman Gray advised that we have a Dog Ordinance which would be applicable in the annexed area. HEARING ADJOURNED AT 8:15 P. M. COMPLETE TAPE OF HEARING ON FILE IN THE OFFICE OF THE CITY SECRETARY. CHANGE IN ORDER OF BUSINESS NEW BUSINESS: RESOLUTION NO. R83-36, A RESOLUTION SUPPORTING 9-1-1 ELECTION ON NOVEMBER 8, 1983: Mr. Ray Blaylock, Civil Defense Coordinator, appeared before the City Council and ex- plained the operation of the 9-1-1 System as proposed by the Board if the election is successful. He urged the City Council to support the creation of this emergency 9-1-1 number. Resolution No. R83-36 read in full by Mayor Reid. It was moved by Councilman Bost, seconded by Councilman Mack that Resolution No. R83-36 be passed and approved on first and only reading. Said Resolution No. R83-36 reads in caption as follows: RESOLUTION NO. R83-36 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING THE PASSAGE OF THE REFERENDUM ON THE 9-1-1 ELECTION TO BE HELD ON NOVEMBER 8, 1983. Voting "Aye Councilman Lentz, Councilman Mack, Councilman Bost, and Councilman Frauenberger, and Councilman Gray. Voting "No": None Motion passed 5 to 0. RESOLUTION NO. R83-34, A RESOLUTION OF THE CITY CASTING VOTES FOR THE CANDIDATES FOR BRAZORIA COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS: Resolution No. R83-34 read in full by Councilman Frauenberger. It was moved by Councilman Frauenberger, seconded by Councilman Gray that Resolution No. R83-34 be passed and approved on first and only reading with the 147 votes by the City of Pearland being cast for George V. Hastings. Resolution No. R83-34 reads in caption as follows: RESOLUTION NO. R83-34 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CASTING VOTES FOR THE CANDIDATES FOR THE BRAZORIA COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS. 66 Voting "Aye": Councilman Gray, Councilman Frauenberger, Councilman Mack, Councilman Bost and Councilman Lentz. Voting "No": None Motion passed 5 to 0. REVIEW OF BIDS RECEIVED BID NO. B83-13, FURNITURE FOR COMMUNITY CENTER, AND POSSIBLE AWARD OF BIDS: Bids received on Bid No. B83-13 reviewed by the Council as follows: ITEM #1 -CHAIRS ITEM 42 -CHAIR TRKS. ITEM #3 -TABLES ITEM #4 -TABLES VENDOR QUANTITY - 600 QUANTITY - 50 QUANTITY - 20 QUANTITY 20 CROWN PRNT. & $ 14.40 ea. $ 59.95 ea. OFFICE SUP. 8,640.00 T. 2,997.50 T PEARLAND PRNT. $ 20.50 ea. $ 60.00 ea. 12,300.00 T. 3,000.00 T. SICO, INC. $ 312.00 ea. $ 340.00 ea. 6,240.00 T. 6,800.00 T. It was moved by Councilman Lentz, seconded by Councilman Bost that Bid No. B83-13, Item No. 1 - Stacking Chairs - be awarded to Crown Printing and Office Supply in the amount of $8,640.00; Item No. 2 - Chair Trucks - be awarded to Crown Printing and Office Supply in the amount of $2,997.50; Item No. 3 - Oval Shaped Tables - be awarded to Sico, Inc. in the amount of $6,240.00; and Item No. 4 - Rectangular Shaped Tables - be awarded to Sico, Inc. in the amount of $6,800.00; and the Mayor be authorized to sign the contracts. Motion passed 5 to 0. CHANGE IN ORDER OF BUSINESS UNFINISHED BUSINESS: ORDINANCE NO. 246-89, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE NO. 246 - APPLICATION NO. 122 - CHRISTENSEN INVESTMENTS, INC., AGENTS FOR JOHN W. ABBOTT, TRUSTEE - PD TO P/A: Ordinance No. 246-89 read in caption by Councilman Bost. (Second Reading) It was moved by Councilman Bost, seconded by Councilman Lentz that Ordinance No. 246-89 be passed and approved on second and final reading. Said Ordinance No. 246-89 reads in caption as follows: ORDINANCE NO. 246-89 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. __._r Voting "Aye": Councilman Lentz, Councilman Bost, Councilman Mack, Councilman Frauenber- :ger, and Councilman Gray. Voting "No": None Motion passed 5 to 0. m ORDINANCE NO. 459, AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1983 AND ENDING SEPTEMBER 30, 1984: Ordinance No. 459 read in caption by Councilman Gray. (Second Reading) It was moved by Councilman Gray, seconded by Councilman Frauenberger that Ordinance No. 459 be passed and approved on second and final reading. Said Ordinance No. 459 reads in caption as follows: ORDINANCE NO. 459 AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1983, AND ENDING SEPTEMBER 30, 1984. Voting "Aye": Councilman Lentz, Councilman Bost, Councilman Mack, Councilman Frauenber- ger, and Councilman Gray. Voting "No": None Motion passed 5 to 0. ORDINANCE NO. 460, AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE ,MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND: Ordinance No. 460 read in caption by Councilman Lentz, (Second Reading) It was moved by Councilman Lentz, seconded by Councilman Bost that Ordinance No. 460 be passed and approved on second and final reading. Said Ordinance No. 460 reads in caption as follows: ORDINANCE NO. 460 AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR 1983 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE. Voting "Aye Councilman Lentz, Councilman Bost, Councilman Mack, Councilman Frauenberger and Councilman Gray. Voting "No": None Motion passed 5 to 0. NEW BUSINESS: (Continued) RESOLUTION NO. R83-35, A RESOLUTION GIVING NOTICE OF INTENTION TO ANNEX PROPERTY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY: Resolution No. R83-35 read in full by Councilman Mack. It was moved by Councilman Mack, seconded by Councilman Bost that Resolution No. R83-35 be passed and approved on first and only reading. Said Resolution No. R83-35 reads in caption as follows: RESOLUTION NO. R83-35 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, PROVIDING FOR THE GIVING OF NOTICE OF PUBLIC HEARINGS TO BE HELD CONCERN- ING THE PROPOSED ANNEXATION OF CERTAIN TERRITORY NOW LYING WITHIN THE EXTRA -TERRITORIAL JURISDICTION OF THE CITY OF PEARLAND, TEXAS. Voting "Aye": Councilman Lentz, Councilman Bost, Councilman Mack, Councilman Frauenberger, and Councilman Gray. Voting "No": None Motion passed 5 to 0. RESOLUTION NO. R83-37, A RESOLUTION GRANTING A PETITION FOR THE INCLUSION OF CERTAIN LANDS IN BRAZORIA COUNTY MUD NO. 5: Resolution No. R83-37 read in full by Councilman Frauenberger. It was moved by Councilman Frauenberger, seconded by Councilman Lentz that Resolution No. R83-37 be passed and approved on first and only reading. Said Resolution No. R83-37 reads in caption as follows: RESOLUTION NO. R83-37 A RESOLUTION GRANTING A PETITION FOR THE INCLUSION OF CERTAIN LAND IN BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 5. Voting "Aye": Councilman Gray, Councilman Frauenberger, Councilman Mack, Councilman Bost and Councilman Lentz. Voting "No": None Motion passed 5 to 0. RESOLUTION NO. R83-38, A RESOLUTION RECOMMENDING AN APPOINTMENT TO STATE BOARD OF SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY COMMITTEE: Mayor Reid recommended that the City nominate Mrs. Fran Coppinger as a member of the Board. He stated that he felt she was well-qualified for this position. Resolution No. R83-38 read in full by Mayor Reid. It was moved by Councilman Mack, seconded by Councilman Frauenberger that Resolution No. R83-38 be passed and approved on first and only reading. Said Resolution No. R83-38 reads in caption as follows: RESOLUTION NO. R83-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, MAKING A NOMINATION TO THE MUNICIPAL SOLID WASTE MANAGEMENT, RESOURCE RECOVERY ADVISORY COUNCIL. Voting "Aye": Councilman Gray, Councilman Frauenberger, Councilman Mack, Councilman Bost, and Councilman Lentz. Voting "No". None Motion passed 5 to 0. ORDINANCE NO. 461, AN EMERGENCY APPROPRIATION ORDINANCE COVERING. PAYMENT FOR EMERGENCY REPAIRS TO SEWER LINE AS PREVIOUSLY AUTHORIZED: Ordinance No. 461 read in caption by Councilman Mack. (FIRST AND ONLY READING) It was moved by Councilman Mack, seconded by Councilman Bost that Ordinance No. 461 be passed and approved on first and only reading as provided in The Charter. Said Ordinance No. 461 reads in caption as follows: ORDINANCE NO. 461 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, PROVIDING FOR THE REPAIR OF A SANITARY SEWER LINE, PROVIDING FOR THE PAYMENT THEREOF, AND DECLARING AN EMERGENCY. Voting "Aye": Councilman Lentz, Councilman Bost, Councilman Mack, Councilman Frauen- berger, and Councilman Gray. Voting "No": None Motion passed 5 to 0. OJ CLEAN PEARLAND BUDGET: City Manager Wicker stated that, as previously requested by the Council, Gary Jackson, Assistant. -.City Manager, and City Attorney Bobby Williams sit down and discuss the position requested by the Clean Pearland group for a part-time director. City Manager Wicker stated that he was proposing to hire someone on a part-time basis through the City itself. This individual would be working for the City, paid by the.City, and any expenses incurred for the exercising of their duties to be paid out of the budgeted account of $15,000 for Clean Pearland. This individual would be hired on the basis that it would be term -type employment and may not be approved in the next Budget. City Manager Wicker also stated that he recommended that the final selection of this employee be made by Gary Jackson. This individual would also do work for other non-profit organizations where City funds are involved. It was moved by Councilman Bost, seconded by Councilman Mack that the Staff be autho- rized to hire, on a part-time basis, an individual to perform the duties as outlined by the City Manager. Motion passed 4 to 1. Councilman Gray opposed. APPROVAL OF THE FOLLOWING INVOICES: It was moved by Councilman Lentz, seconded by Councilman Bost that the following invoices be approved for payment out of the proper funds: 1. Invoice No. 4506, (Interim Invoice No. 3), H. Platt Thompson Engineering Co., Inc., in the amount of $7,320.00, for Engineering Dixie Farm Road Improvements; 2. Invoice No. 3500, Langford Engineering, Inc., in the amount of $1,093.76 for Study and Report on Sanitary Sewer System Rehabilitation; 3. Application No. 7, Stone Construction Company, in the amount of $147,392.00 for Community Center construction; 4. Progress Estimate No. 2,_Brown & Root, Inc., for Road Construction, in the amount of $55,381.65. Motion passed 5 to 0. OTHER BUSINESS: It was moved by. Councilman Mack, seconded by Councilman Bost that the absence from the Regular Meeting of October 10, 1983, by Councilman Gray be shown as Excused Absence. Motion passed 4 to 0. Councilman Gray abstained. ADJOURN: Meeting adjourned at 9:35 P. M. Minutes approved as submitted and/or corrected this the 14 day of ) , A. D., 1983. Mayor ATTEST: City Secretar