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1984-09-10 CITY COUNCIL REGULAR MEETING MINUTES223 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON SEPTEMBER 10, 1984, 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 Dennis Frauenberger Terry Gray James E. Bost Al Lentz Charles R. Mack Ronald J. Wicker Bobby Williams Dorothy L. Cook The invocation was given by Councilman James Bost. The Pledge of Allegiance was led by Hill Kemp, State Representative. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman Bost that the minutes of the Regular Meeting held on August 27, 1984, be approved as submitted. Motion passed 4 to 0. Councilman Gray abstained. MAYOR'S ACTIVITY REPORT: Representative Hill Kemp presented a copy of H. R. 95 to the Mayor of the City of Pear - land, representative of the Pearland Journal, representative of Pearland Area Girl Scouts, and representative of Student.Council of Pearland Intermediate School. This Resolution reads as follows: R E S O L U T I O N H.R. No. 95 WHEREAS, The city of Pearland won the 1984 Governor's Community Achievement Award; and WHEREAS, Pearland also received an Award for Excellence, an award given to the city in the top six cities to have coordinated the best overall campaign; and WHEREAS, Pearland was awarded the Clean Community System for the top community in Texas; and WHEREAS, The Pearland Journal received a Beautify Texas Council Media Award for its coverage and support of the community's cleanup and beautification activities; and WHEREAS, The Pearland Area Girl Scouts received a first -place Award of Commen- dation for their accomplishments during Youth Day; and WHEREAS, Members of the Pearland Intermediate School Student Council received a second -place Award of Commendation for their accomplishments in their recycling projects; and WHEREAS, Pearland is the cleanest little town in Texas; now, therefore, be it RESOLVED, That the House of Representatives of the 68th Legislature of the State of Texas, 2nd Called Session, hereby recognize and honor the city of Pearland for its efforts in helping to keep our state beautiful. 224 /s/ Gib Lewis Speaker of the House Mayor Reid presented proclamations to the seven representatives of the Pearland Inde- pendent School District P. T. A. proclaiming the week of. September 17th through September 21st, 1984 as Pearland P. T. A. Membership Week in Pearland. Mayor Reid presented a proclamation to Carrie Mallernee and Don Snyder, representing the Pearland/Hobby Area Chamber of Commerce proclaiming September 22nd through Septem- ber 23rd, 1984 as Founders' Days in Pearland. J Mayor Reid presented a proclamation to Michael Proctor, representing Homeowners Warranty Corporation, proclaiming the month of September 1984 as HOW MONTH in Pearland. COUNCIL ACTIVITY REPORTS: Councilman Frauenberger reported that on Thursday, August 30, 1984, he and City Manager Wicker, Malcolm Collins, representing the Drainage District, W. W. Hunter, Commissioner of Drainage District, A. 0. Johnston, Assistant Supt. of Drainage District, Roy Martin, Drainage District Commissioner, Billy Joe Plaster, County Commissioner, Ralph Lowe, Mayor of Friendswood and two Clear Creek Drainage personnel made a trip to Austin to appear before the State Highway Commission. The Mary's Creek Bypass bridge was the item under discussion. Councilman Frauenberger stated that when the original request to enlarge the opening at the Mary's Creek Bypass was made, the State Highway's first observation was that they would not open it and let water from the south side of the highway onto the north side of the highway without taking care of the people on the north side. In an Intergovernmental Cooperation Act the Brazoria County Drainage District No. 4 pro- vided the design and engineering and the manpower to take care of the drainage work on the north side of Highway 518 from the Bypass to Clear Creek. Our objective that day was to show that this work has been completed and that any bridge or opening would not create a problem to the citizens living on the north side of Highway 518 at this location. We only had about 10 minutes to present our case, however, we feel that major strides have been made to alleviate this problem so that improvements on 518 can move forward. DEPARTMENTAL REPORTS: City Manager Wicker reported that Galveston Avenue would likely be open within the next two weeks since the street work is basically finished. The County has moved in on John Lizer Road and it is closed between Highway 35 and the bridge. City Attorney Williams asked the Mayor to call a special emergency meeting for Tuesday, September 11, 1984, to consider an ordinance setting the rates to be charged by Houston Lighting and Power Company. This needs to -be done by September 12, 1984, he said. Mayor Reid called a Special Meeting for September 11, 1984 at 7:30 P. M. to consider rate ordinance for H. L. & P. CITIZENS: Fran Coppinger and Kerry Spradley - Ms. Coppinger asked that the balance of funds in the current Clean Pearland budget be encumbered as they have not had time to complete various projects. CHANGE IN ORDER OF BUSINESS: NEW BUSINESS: 225 REQUEST BY CLEAN PEARLAND TO ENCUMBER THE BALANCE OF FUNDS IN THE 1983-84 BUDGET: It was moved by Councilman Gray, seconded by Councilman Bost that the balance of Funds in the 1983-84 Budget be carried forward to the 1984-85 Budget Year. Motion passed 5 to 0. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: MOTION TO REMOVE FROM THE TABLE A COUNCIL DECISION ON APPLICATION NO. 134, BOB CAMPBELL AGENT FOR H. D. JOHNSTON, OWNER: It was moved by Councilman Lentz, seconded by Councilman Frauenberger that the Council decision on Application No. 134, Bob Campbell be removed from`the table and considered at this time. Motion passed 5 to 0. COUNCIL DECISION ON APPLICATION NO. 134, BOB CAMPBELL, AGENT FOR H. D. JOHNSTON, OWNER: City Manager Wicker stated that one of the questions relating to this zone change was information on the impact to the sewer system in the area. Public Works Director Thomasset advised that we are in the process of putting together a project to rehabilitate the lift station on Walnut. It was designed to have four pumps and it has two pumps. He stated that there would be no impact as far as this development is concerned, however, until the rehabilitation of this lift station is done, there will always be a problem. City Manager Wicker stated that another question related to density and in our calculation it was determined that Willowick Subdivision is equivalent to that same development in Corrigan. The reason is that this subdivision requires a detention area that is figured in the overall density and by having such, even by having 60 x 100 foot lots, the density is equal to a subdivision with 70 ft. lots. It was moved by Councilman Gray, seconded by Councilman Frauenberger that on Application No. 134, changing from Planned Unit to Plan Approval, the necessary ordinances be prepared for consideration at the next Council meeting. Voting "For": Councilman Gray, Councilman Frauenberger and Councilman Bost. Voting "Against": Councilman Mack Abstaining: Councilman Lentz. City Attorney Williams ruled that this did not override the decision of the Planning and Zoning Commission recommendation that this request be denied. ORDINANCE NO. 246-96, AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE, JAMES BARNETT, AGENT FOR W. J. MADDEN, OWNER: Ordinance No. 246-96 read in caption by Councilman Frauenberger. (Second Reading) It was moved by Councilman Frauenberger, seconded by Councilman Bost that Ordinance No. 246-96 be passed and approved on second and final reading. Said Ordinance No. 246-96 reads in caption as follows: ORDINANCE NO. 246-96 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. 226 Voting "Aye": Councilman Gray, Councilman Bost, Councilman Frauenberger, Councilman Mack and Councilman Lentz. Voting "No": None Motion passed 5 to 0. ORDINANCE NO. 476, AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1984 AND ENDING SEPTEMBER 30, 1985: Ordinance No. 476 read in caption by Councilman Bost. (Second Reading) It was moved by Councilman Bost, seconded by Councilman Gray that Ordinance No. 476 be passed and approved on second and final reading. Said Ordinance No. 476 reads in caption as follows: ORDINANCE NO. 476 AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1984 AND ENDING SEPTEMBER 30, 1985. Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Frauenberger, Councilman Bost and Councilman Gray. Voting "No": None Motion passed 5 to 0. ORDINANCE NO. 477, AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS: Ordinance No. 477 read in caption by Councilman Gray. (Second Reading) It was moved by Councilman Gray, seconded by Councilman Bost that Ordinance No. 477 be passed and approved on second and final reading. Said Ordinance No. 477 reads in caption as follows: ORDINANCE NO. 477 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 1984 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE. Voting "Aye": Councilman Gray, Councilman Bost, Councilman Frauenberger, Councilman Mack and Councilman Lentz. Voting "No": None Motion passed 5 to 0. ORDINANCE NO. 478, AN APPROPRIATION ORDINANCE ADOPTING A REVENUE SHARING BUDGET FOR THE ENTITLEMENT PERIOD NO. 16: Ordinance No. 478 read in caption by Councilman Mack. (Second Reading) It was moved by Councilman Mack, seconded by Councilman Lentz that Ordinance No. 478 be passed and approved on second and final reading. Said Ordinance No. 478 reads in caption as follows: ORDINANCE NO. 478 AN APPROPRIATION ORDINANCE ADOPTING A REVENUE SHARING BUDGET FOR THE ENTITLEMENT PERIOD NO. 16 BEGINNING OCTOBER 1, 1984 AND END- ING SEPTEMBER 30, 1985. Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Frauenberger, Councilman Bost and Councilman Gray. Voting "No": None Motion passed 5 to 0. 227 APPLICATION NO. 134, BOB CAMPBELL, AGENT FOR H. D. JOHNSON, OWNER, PLANNED UNIT TO PLAN APPROVAL: Councilman Mack asked that further discussion be made on this item. Mayor Reid commented that he would like to refer the matter of how density is figured on subdivisions to the Planning and Development Committee, to start reviewing this aspect of our ordinance for possible consideration of changes. He also requested that the City Manager write a letter for the Mayor's signature explaining our calculation of gross density. It was moved by Councilman Mack, seconded by Councilman Frauenberger that this item be brought back to the City Council for reconsideration at the next meeting. Motion passed 5 to 0. NEW BUSINESS: (Continued) CALL OF SPECIAL MEETING ON SEPTEMBER 17, 1984 TO CANVASS RESULTS OF BOND ELECTION ON SEPTEMBER 15, 1984: It was moved by Councilman Bost, seconded by Councilman Frauenberger that a special meeting be called on September 17, 1984, to canvass the results of the bond election held on September 15, 1984. Motion passed 5 to 0. APPROVAL OF INVOICE NO. 3925, LANGFORD ENGINEERING IN THE AMOUNT OF $14,966.80: It was moved by Councilman Lentz, seconded by Councilman Bost that Invoice No. 3925 from Langford Engineering, Inc. in the amount of $14,966.80 for Study and Report for Upgrading Three (3) Existing Wastewater Treatment Plants and Channel Improvements to Clear Creek be approved for payment from the appropriate fund. Motion passed 5 to 0. REOUEST BY PEARLAND LIONS CLUB FOR PERMISSION TO CONDUCT ANNUAL TURKEY SHOOT AT VFW GROUNDS ON NOVEMBER 3RD AND 4TH, 1984: It was moved by Councilman Frauenberger, seconded by Councilman Bost that the Pearland Lion's Club be granted a permit to hold a Turkey Shoot on November 3rd and 4th, 1984, or any alternate rain -out date, subject to liability insurance furnished to the City and coordination of the traffic flow with the Chief of Police. Motion passed 5 to 0. AUTHORIZATION FOR THE MAYOR TO EXECUTE RELEASE OF DEED ON 10 FOOT SANITARY SEWER EASEMENT City Manager Wicker recommended that the Council approve the Release of Deed on a 10 foot sanitary sewer easement from the Shopping Center to Alexander Lane. The sewer line was installed so as not to be under the buildings and the new utility easement was brought in by John Garner and it was accepted by the City of Pearland. The old easement was not abandoned at this time and the Council needs to approve this abandonment. It was moved by Councilman Bost, seconded by Councilman Lentz that the Mayor be authorized to execute the Release of Deed on a 10 foot sanitary sewer easement through Strawbridge Apartments. Motion passed 5 to 0. APPROVAL OF TRAFFIC CONTROL DEVICE REPORT NO. 47: City Attorney Bobby Williams read the following report No. 47 into the records of the City. 228 CITY OF PEARLAND, TEXAS DIRECTOR OF PLANNING AND TRANSPORTATION INSTALLATION OF TRAFFIC CONTROL DEVICES Pursuant to the authority conferred on me by the City Council of the City of Pearland, Texas, as Director of Planning and Transportation, I have caused to be installed and erected under my direction traffic control devices as follows: STOP SIGNS said aforedescribed devices located at the following locations in the City of Pearland, Texas, to -wit: One Stop Sign at the Southwest Corner of Frances at Cherry; One Stop Sign at the Northeast Corner of Frances at Cherry; One Stop Sign at the Southwest Corner of Halbert at Cherry; One Stop Sign at the Northeast Corner of Halbert at Cherry; One Stop Sign at the Southwest Corner of Cunningham at Cherry; One Stop Sign at the Northeast Corner of Cunningham at Cherry; One Stop Sign at the Southwest Corner of Lynn at Cherry; One Stop Sign at the Northeast Corner of Lynn at Cherry. I have personally inspected said aforementioned traffic control devices. SIGNED THIS 5TH DAY OF SEPTEMBER A.D., 1984. /s/ Ronald J. Wicker Ronald J. Wicker, City Manager/Director of Planning and Transportation No. 47 It was moved by Councilman Lentz, seconded by Councilman Bost that the City Council approve Traffic Control Report No. 47 as read into the records by the City Attorney. Motion passed 5 to 0. RESOLUTION NO. R84-22, A RESOLUTION SUPPORTING THE STUDY AND POSSIBLE CREATION OF A NORTHERN BRAZORIA COUNTY WATER DISTRICT: Resolution No. R84-22 read in full by Mayor Reid. It was moved by Councilman Frauenberger, seconded by Councilman Bost that Resolution No. R84-22 be passed and approved on first and only reading. Said Resolution No. R84-22 reads in caption as follows: RESOLUTION NO. R84-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING NECESSITY FOR CONSIDERATION OF THE CREATION OF A NORTHERN BRAZORIA COUNTY WATER AUTHORITY. Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Frauenberger, Councilman Bost and Councilman Gray. Voting "No": None Motion passed 5 to 0. OTHER BUSINESS: EXCUSED ABSENCES FOR COUNCILMAN GRAY FROM THE REGULAR MEETINGS HELD ON AUGUST 13TH AND AUGUST 27TH, 1984: It was moved by Councilman Frauenberger, seconded by Councilman Bost that the absences from the regular meetings of August 13th and August 27th, 1984 by Councilman Gray be shown as "excused absences". 229 Motion passed 4 to 0. Councilman Gray abstained. ADJOURN: Meeting adjourned at 9:08 P.M. Minutes approved as submitted and/or corrected this the day of A.D., 1984. Mayor ATTEST: 6Z City Secretary