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1984-12-10 CITY COUNCIL REGULAR MEETING MINUTESMIWJNI FAM MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON DECEMBER 10, 1984, 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 Dennis Frauenberger Al Lentz Terry Gray (entered at 7:33 P.M.) James E. Bost Charles R. Mack Ronald J. Wicker Bobby Williams (entered at 7:39 P.M.) Kay Krouse The invocation was given by Councilman Bost. The Pledge of Allegiance was led by Mr. D. A. Miller. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman Frauenberger that the Minutes of a Regular Meeting held on November 26, 1984, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid read the following letter from Omer Poorman, District Engineer with the State Department of Highways & Public Transportation: November 26, 1984 Request to change the Designation of FM 3344 to FM 518 Hon. Tom Reid Mayor, City of Pearland P. O. Box 2068 Pearland, Texas 77588-2068 Dear Sir: This is to advise that your request to change the designation of FM 3344 to FM 518 has been approved. Also, the portion of FM 518 from US 90A to the intersection of FM 3344 has been changed to FM 865. These changes will be made official when the roadway -signs have been changed to reflect the new designations. If additional information is desired, please advise. Yours very truly, /s/ Omer F. Poorman Omer F. Poorman District Engineer District No. 12 Mayor Reid stated that this letter was in response to a request made by the City of Pearland, with the concurrence of the City of Houston. The name change designations were needed, he felt, to avoid any confusion to motorists traveling on FM 518 especially during times of emergency. COUNCIL ACTIVITY REPORTS: Councilman Lentz announced that the Brazos Bend Water Authority Steering Committee would meet this Wednesday evening, December 12, at the Community Center. He stated that this would be the last meeting before the committee attempted to finalize the wording on the bill to be presented before the Legislature. Mayor Reid explained that this Water Author- ity was a non -taxing, revenue authority only. DEPARTMENTAL REPORTS: None CITIZENS: 1. Mr. James A. Peck, 1515 Westfield, Pearland, Tx., appeared before the City Council, on behalf of the Pearland Area Action Association, to present a petition that the Associ- ation has been circulating in protest to the proposed Type IV Landfill application made to the State by Hill Sand Company, Inc. Mr. Peck presented each Council member with a certified true copy of this petition containing 25 pages of signatures. One certified copy was entered into the records of the City by the City Secretary. Mr. Peck further discussed the Association's desire for the City Council to oppose this Landfill appli- cation. 2. Mrs. Irene Mansfield, 16731 County Road 127 - Mrs. Mansfield read a letter to the Council concerning her request for a sign to be installed at the intersection of Dixie Farm Road and County Road 127. She stated that since she had signed to appear before the Council, a sign has been installed at that location. Mrs. Mansfield also read a letter to the Council concerning her objections to the proposed Cowart Creek Sewage Treatment Plant Site. 3. Mr. Arden C. Hill, Jr., President of Hill Sand Company, Inc. - Mr. Hill spoke to the Council explaining his reasons for applying for this Landfill permit. Mr. Charles E. Williams, Engineer representing Hill Sand Company, Inc., presented a slide presentation that reviewed the steps to be taken to obtain a Type IV Landfill permit, showing aerial views of the areas surrounding the proposed site and views of other similar types of landfills. MEETING RECESSED AT 8:40 P. M. - RECONVENED AT 8:54 P. M. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: ORDINANCE NO. 483, AN ORDINANCE FIXING AND ORDERING THE RATES TO BE CHARGED BY ENTEX, INC. FOR GAS SERVICE TO RESIDENTIAL AND SMALL COMMERCIAL CUSTOMERS WITHIN THE CITY OF PEARLAND: Ordinance No. 483 read in caption by Councilman Frauenberger. (Second Reading) It was moved by Councilman Frauenberger, seconded by Councilman Mack that Ordinance No. 483 be passed and approved on second and final reading. Said Ordinance No. 483 reads in caption as follows: ORDINANCE NO. 483 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FIXING AND ORDERING THE RATES TO BE CHARGED BY ENTEX, INC., FOR GAS AND GAS SERVICE TO RESIDENTIAL AND SMALL COMMERCIAL CUSTOMERS WITHIN THE CITY OF PEARLAND, TEXAS, ESTABLISHING THE EFFECTIVE DATE, MAKING MISCEL- LANEOUS PROVISIONS, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR SEVERABILITY. 279 Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Frauenberger, Councilman Bost, and Councilman Gray. Voting "No": None Motion passed 5 to 0. ORDINANCE NO. 246-100, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE APPLICATION NO. 136, JOHN KEGLEY, OWNER, PLANNED UNIT TO GENERAL BUSINESS: Ordinance No. 246-100 read in caption by Councilman Bost. (Second Reading) It was moved by Councilman Bost, seconded by Councilman Frauenberger that Ordinance No. 246-100 be passed and approved on the second and final reading. Said Ordinance No. 246- 100 reads in caption as follows: ORDINANCE NO. 246-100 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 Bost, Councilman Frauenberger, Councilman Mack, and Councilman Lentz. Voting "No": None Motion passed 5 to 0. NEW BUSINESS: ORDINANCE NO. 246-101, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE APPLICATION NO. 137, ROBERT I. ELLIS, OWNER, PLANNED UNIT TO COMMERCIAL: Ordinance No. 246-101 read in caption by Councilman Mack. (First Reading) It was moved by Councilman Mack, seconded by Councilman Bost that Ordinance No. 246-101 be passed and approved on first of two readings. Said Ordinance No. 246-101 reads in caption as follows: ORDINANCE NO. 246-101 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 Lentz, Councilman Mack, Councilman Frauenberger, Councilman Bost and Councilman Gray. Voting "No": None Motion passed 5 to 0. AUTHORIZATION FOR MAYOR TO EXECUTE PROJECT AGREEMENT BETWEEN TEXAS DEPARTMENT OF PARKS AND WILDLIFE AND CITY OF PEARLAND ON MCLEAN ROAD PARK, PROJECT NUMBER 20-00105, AND AT7MWnPT7.ATTnW nP-ATTNTIC VnD TTP ATTR0WACF. City Manager Ron Wicker stated that the City recently received word from the Texas Depart- ment of Parks and Wildlife that our project has been funded and upon actual purchase by the City of this property and submittal of the proper papers, the State would reimburse the City 50% share as proposed in the original grant application. Mr. Wicker explained that the seller is wanting to dispose of the property in the calendar year 1984, so at this time we are asking for authorization for the Mayor to execute the project agreement and for the City to initiate the closing. It was moved by Councilman Gray, seconded by Councilman Lentz that the Mayor be authorized to execute the project agreement as outlined by the Texas Department of Parks and Wildlife on McLean Road Park, Project Number 20-00105 and authorization of funds necessary for the purchase of the property. Motion passed 5 to 0. APPOINTMENT OF FULL-TIME CITY ATTORNEY: Mayor Reid explained that he had chaired the Search Committee that reviewed all the appli- cations received. The Council interviewed, in-depth,.the applicants recommended by the Search Committee. By Council's authorization, an offer was made to a candidate, Luke Daniel,and we received an acceptance letter back from him. A motion was made by Councilman Bost, seconded by Councilman Mack that the Council ratify the appointment of Luke L. Daniel as the full-time City Attorney at a salary of $36,000.00 a year. Motion passed 5 to 0. Mayor Reid stated that the anticipated starting date for Mr. Daniel is January 1, 1985. AUTHORIZATION TO ADVERTISE FOR BIDS TO COMPLETE REPAIR OF SEWER LINE ON GREEN TEE DRIVE FOR AMOUNT UP TO $30,000.00: City Manager Ron Wicker explained that for about five years we have had problems with the sewer line in the 2400 - 2500 block of Green Tee Drive. This line is 12' deep and lying on quicksand. We recently had emergency point repair on this line and now since the line is back intact we need to televise it, clean it out one final time, and to keep it from any further sinking, we would like authorization to bid the lining of this section of line to correct the sinking problem once and for all. It was moved by Councilman Lentz, seconded by Councilman Gray that authorization be given to advertise for bids to complete repair of sewer line on Green Tee Drive for amount up to $30,000.00. Motion passed 5 to 0. Mayor Reid commended City Manager Wicker and Public Works Director Thomasset for the re- port on the scheduling of the water service to the most recently annexed areas. Mayor Reid said it was a very good report. City Manager Wicker requested that if the Council had any different scheduling priorities to please let the Staff know. OTHER BUSINESS: MEETING RECESSED TO EXECUTIVE SESSION AT 9:10 P.M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2, SUBSECTION (e) LEGAL, (f) LEASE, PURCHASE, EXCHANGE OR VALUE OF REAL PROPERTY, AND (g) PERSONNEL. RETURNED TO OPEN SESSION AT 9:40 P. M. - NO ACTION TAKEN ADJOURN: The meeting adjourned at 9:40 P. M. Minutes approved as submitted and/or corrected this the107 day of A. D., 1984. Mayor ATTEST: city S retary