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1983-12-12 CITY COUNCIL REGULAR MEETING MINUTESWe • MINUTES OF`A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON DECEMBER 12, 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 Al Lentz James E. Bost Terry Gray Dennis Frauenberger Ronald J. Wicker Bobby Williams Dorothy L. Cook The invocation was given by Councilman Bost. The Pledge of Allegiance was led by Councilman Gray. APPROVAL OF MINUTES: It was moved by Councilman Bost, seconded by Councilman Lentz that the minutes of the Regular Meeting held on November 28, 1983, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: �-- Mayor Reid reported that the dedication of the new Community Center/Library Building was held on December 10, 1983. COUNCIL ACTIVITY REPORTS: Councilman Frauenberger requested that Item No. 2, under New Business, not be considered on this agenda since the Committee has not had time to study the proposal on the Fee Schedule and Policy for the Community Center/Library Building. Councilman Frauenberger met with an individual that was interested in going through the Industrial Bond type route for a Health Care Facility. Health Care Facilities are handled under the Health Care Facility Act rather than the Industrial Act that we now have available. It would be necessary to create another corporation, basically in the same manner as we created the Industrial Development Corporation. It is much easier to not create since it does/stipulate blighted areas. He stated that he asked the City Attorney to check into this and found that this would be created at no expense to the City. Councilman Frauenberger stated that he was just reporting on this; however, would like to get this on the agenda for the next time to be able to proceed, if possible. DEPARTMENTAL REPORTS: City Manager Wicker requested the newspaper to give publicity on the days the City would be closed for the Holidays since Christmas and New Year's Day fall on Sunday that the City will be closed on the Monday following. CITIZENS: Clean Pearland Members- Ms. Fran Coppinger presented the City with a National KAB Award. She advised that Pearland was the only City in Texas to win a KAB Award this year. Ms. Ell Coppinger introduced members of the Clean Community that went to Washington last week to receive the Award. Mayor Reid accepted the Award and thanked this volunteer organi- zation for all of its efforts. Pearland Area Chamber of Commerce represented by Kerry Spradley - Mr. Spradley appeared before the City Council with a request for approval to place a restored box car on the Depot Site. The Santa Fe Railroad has given the Chamber a box car that has been retired from service. It is to be railed into town and we have commitments for its refurbishing. The Chamber has also secured the rails and ties and the plans are to install at the Depot like it is to receive freight; however, it would be permanently attached and would have the full facilities of the present Depot Building. CHANGE IN ORDER OF BUSINESS NEW BUSINESS: REQUEST BY PEARLAND AREA CHAMBER OF COMMERCE TO PLACE RESTORED BOX CAR ON DEPOT SITE: City Manager Wicker stated that if this box car was permanently attached to the Depot Building, it would not be considered a portable building, and if it meets all of the Code requirements then he could see no problem. It was moved by Councilman Frauenberger, seconded by Councilman Bost that the City Council permit the Chamber of Commerce to install the box car donated by Santa Fe providing that it be installed in conjunction with all applicable building permits and building codes. Motion passed 5 to 0. CITIZENS: (Continued) Kerry Spradley, representing the Pearland Area Chamber of Commerce, presented the City with a check for $2,500.00 as a continuing contribution to the efforts that the Council. has put in towards the Park. This donation was made possible, in part, by proceeds from Founder's Day. Mayor Reid thanked the Chamber for this donation. Evelyn Newman, Member of the City Council of Friendswood - Councilwoman Newman appeared before the City Council and presented each member with a copy of summary of a Safety Valve Program held on September 27, 1983, in the League City Civic Center. She stated that the Safety Valve Program was a stop -gap program because the Corps has been working on it a long time and nothing has been done with over $1,000,000 spent on studies and yet not any dirt has been removed from the Creeks to help alleviate flooding in the area. A large bond issue has been passed in Harris County and they are beginning their work, starting from the Bay in. She stated that what we are recommending is that League City, Pearland and Friendswood join together and try to start some work in coordination with the work of the Corps in a Safety Valve Program. She asked that a workshop be called later to meet with some representatives to discuss this issue. Jody Richardson, Vinson & Elkins, representing MUD 5 - Ms. Richardson appeared before the City Council with the request that MUD 5 be allowed to annex an additional 34.6923 acres to the present District. NEW BUSINESS: (Continued) RESOLUTION NO. R83-41, A RESOLUTION GRANTING A PETITION FOR THE INCLUSION OF CERTAIN LAND IN BRAZORIA COUNTY MUD 5: Resolution No. R83-41 read in full by Councilman Lentz. It was moved by Councilman Lentz, seconded by Councilman Bost that Resolution No. R83-41 be passed and approved on first and only reading. Said Resolution No. R83-41 reads in caption as follows: RESOLUTION NO. R83-41 A RESOLUTION GRANTING A PETITION FOR THE INCLUSION OF CERTAIN LAND IN BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 5. Voting "Aye": Councilman Lentz, Councilman Bost, Councilman Mack, Councilman Frauen- berger,'and Councilman Gray. Voting "No": None Motion passed 5 to 0. CHANGE IN ORDER OF BUSINESS UNFINISHED BUSINESS: ORDINANCE NO. 246-90, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE APPLICATION NO. 125, JEANNE C. CHANEY, AGENT FOR WILLIAM AND SARAH ADAMS AND MARTY BROADNAX (MF TO GENERAL BUSINESS): Ordinance No. 246-90 read in caption by Councilman Mack. (Second Reading) It was moved by Councilman Mack, seconded by Councilman Bost that Ordinance No. 246-90 be passed and approved on second and final reading. Said Ordinance No. 246-90 reads in caption as follows: ORDINANCE NO. 246-90 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. Voting "Aye": Councilman Gray, Councilman Frauenberger, Councilman Mack, Councilman Bost and Councilman Lentz. Voting "No": None Motion passed 5 to 0. ORDINANCE NO. 465, AN ORDINANCE AUTHORIZING AND ALLOWING UNDER THE ACT GOVERNING THE TEXAS RETIREMENT SYSTEM "UPDATED SERVICE CREDITS" IN SAID SYSTEM:: Ordinance No. 465 read in caption by Councilman Bost. (Second Reading) It was moved by Councilman Bost, seconded by Councilman Mack that Ordinance No. 465 be passed and approved on second and final reading. Said Ordinance No. 465 reads in caption as follows: ORDINANCE NO. 465 AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM "UP- DATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF PEAR - LAND; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. Voting "Aye": Councilman Lentz, Councilman Bost, Councilman Mack, Councilman Frauen- berger, and Councilman Gray. Voting "No": None Motion passed 5 to 0_ NEW BUSINESS:(Continuedl REQUEST BY MANVEL VOLUNTEER FIRE DEPARTMENT FOR DISPATCHING SERVICE: A City Manager Wicker advised the Council that the Manvel Fire Department has asked Pearland to provide backup dispatching services when Manvel's Communication system is out. The department would also like Pearland to provide part-time dispatching at times Manvel is without a dispatcher. This would be for both fire and ambulance calls. City Manager Wicker suggested that this service be provided Manvel, as requested, and that we start off with a fee of $100.00 a month, and if we find this is not adequate then it could be increased. It was moved by Councilman Lentz, seconded by Councilman Bost that the City Attorney prepare the necessary inter -local governmental agreement, with the assistance of the City Manager, to furnishing part-time dispatching service to the Manvel Volunteer Fire Department. Motion passed 5 to 0. REQUEST BY IBM FOR INSTALLATION OF TWO-WAY RADIO STATION ON MCLEAN ROAD WATER TOWER: This item to be placed on the next regular agenda. RESOLUTION NO. R83-42, A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF PEARLAND AND BROOKSIDE VILLAGE FOR FURNISHING EMERGENCY AMBULANCE SERVICE: City Manager Wicker advised the City Council that the Contract was increased to $5,000 per year for this service. Resolution No. R83-42 read in full by Councilman Gray. It was moved by Councilman Gray, seconded by Councilman Lentz that Resolution No. R83-42 be passed and approved on first and only reading. Said Resolution No. R83-42 reads in caption as follows: RESOLUTION NO. R83-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF PEARLAND AND THE CITY OF BROOKSIDE VILLAGE. Voting "Aye": Councilman Gray, Councilman Frauenberger, Councilman Mack, Councilman Bost, and Councilman Lentz. Voting "No": None Motion passed 5 to 0. DATES FOR CONTINUING PUBLIC HEARINGS RECESSED ON DECEMBER 5, 1983: It was moved by Councilman Gray, seconded by Councilman Lentz that the Public Hearing recessed December 5, 1983 on the proposed Revised Zoning Ordinance and Zoning Map be scheduled for January 5, 1984; January 12, 1984; January 19, 1984; and January 26, 1984. These dates are in addition to the date of December 28, 1983, which has been set for Hearing the citizens in the newly annexed areas. Motion passed 5 to 0. ORDINANCE NO. 466, AN ORDINANCE ANNEXING CERTAIN PROPERTY AND TERRITORY TO THE CITY OF PEARLAND, TEXAS, AND EXTENDING THE CORPORATE LIMITS OF THE CITY OF PEARLAND, TEXAS, (SOUTHWEST ANNEXATION): Ordinance No. 466 read in caption by Mayor Reid. (First Reading) 93 It was moved by Councilman Mack, seconded by Councilman Frauenberger that Ordinance No. 466 be passed and approved on first of two readings. Said Ordinance No. 466 reads in caption as follows: ORDINANCE NO. 466 AN ORDINANCE ANNEXING CERTAIN PROPERTY AND TERRITORY TO THE CITY OF PEARLAND, TEXAS, AND EXTENDING THE CORPORATE LIMITS OF THE CITY OF PEARLAND TO INCLUDE AND EMBRACE SAID TERRITORY WHICH IS ADJACENT TO AND CONTIGUOUS WITH THE PRESENT CORPORATE LIMITS OF THE CITY OF PEARLAND AND IS NOT WITHIN THE CITY LIMITS OF ANY OTHER CITY AND LIES SOLELY WITHIN THE EXTRATERRI- TORIAL JURISDICTION OF THE CITY OF PEARLAND, SAID TERRITORY BEING HEREINAFTER FULLY DESCRIBED BY METES AND BOUNDS IN SEC- TION 1 OF THIS ORDINANCE; APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH TERRITORY; PRESCRIBING THE VOTING PRECINCTS FOR THE INHABITANTS WITHIN SAID ANNEXED TERRITORY; PLACING SUCH INHABITANTS ON EQUAL FOOTING WITH PRESENT INHABITANTS OF THE CITY OF PEARLAND; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATIONS, AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Frauenberger, Councilman Bost and Councilman Mack. Voting "No": Councilman Lentz and Councilman Gray. Motion passed 3 to 2. CHANGE ORDER TO SKRLA, INC. ON DIXIE FARM ROAD CONTRACT: City Manager Wicker stated that the contract, as is, calls for a roadway construction where the old roadway is at the present time. This is crushed concrete base material and the original contract was based on taking this material, removing it, storing it somewhere on the jobsite until after the pavement was installed. At that time, the material would be brought back and placed on the shoulders of the road. The problem is that a lot of this concrete is now in the mud. We have secured some estimates on what it would take to put limestone on the shoulders which we feel would be preferable rather than to go with the crushed concrete. City Engineer Qualtrough advised the Council that the crushed concrete has steel in it, as well as mud, and he recommended that crushed limestone be used on the shoulders at a cost of $31,528.00. It was moved by Councilman Lentz, seconded by Councilman Mack that a Change Order be prepared for Skrla, Inc., for $31,528.00 for the shoulders of the new construction on Dixie Farm Road. Motion passed 5 to 0. OTHER BUSINESS: EXECUTIVE SESSION AT 8:55 P. M. UNDER TEXAS REVISED CIVIL STATUTES, SECTION 2, SUBSECTION (f) PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL ESTATE AND SUBSECTION (g) PERSONNEL. RETURNED FROM EXECUTIVE SESSION AT 10:02 P. M. NO ACTION AS A RESULT OF EXECUTIVE SESSION. ADJOURN: Meeting adjourned at 10:03 P.M. Minutes approved as submitted and/or corrected this the Day ofo A. D., 1983. 6'YYc1 Mayor ATTEST: A- 41 City Secretary