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1981-11-09 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 9, 1981, 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 Al Lentz Charles R. Mack Harry Farley Carlton McComb Terry Gray Ronald J. Wicker Bobby J. Williams Dorothy L. Cook The invocation was given by Councilman Farley. The Pledge of Allegiance was led by Councilman Gray. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman Farley that the minutes of the regular meeting held on October 22, 1981, be approved as submitted. Motion passed 4 to 0. Councilman.McComb abstained. It was moved by Councilman Gray, seconded by Councilman Lentz that the minutes of a special meeting held on November 2, 1981, be approved as corrected. Motion passed 4 to 0. Councilman McComb abstained. MAYOR'S ACTIVITY REPORT: Mayor Reid read a letter from the Municipal Finance Officers Association wherein they advised that a Certificate of Conformance has been awarded to the City of Pearland and that an Award of Financial Reporting Achievement also is to be presented to the indi- vidual designated by the governmental unit as primarily responsible for its having earned the Certificate. This award is to be presented to City Treasurer, Dorothy S. Thompson. Mayor Reid presented the Award of Financial Reporting to Mrs. Thompson and stated that the Certificate of Conformance would be placed in the Council Room next to the ones previously awarded. Mayor Reid appointed Councilman Harry Farley to serve as Council liaison with the Library Board. COUNCIL ACTIVITY REPORTS: Councilman McComb commented on the good time all apparently had at the First Annual Chili Cook -Off sponsored by the Park's Department. DEPARTMENTAL REPORT: City Manager Wicker reported that he had discussed with the School District the possi- bility of the City tying onto their computer system to provide us with some tax infor- mation. We are not sure at this time what approach we want to take but he advised that he has sent a letter to Preston Bullard, Superintendent of the Schools, asking that they take a look at the possibility of us working with them in their computer setup. We will keep the Council informed. CITIZENS: I Mr. Ed Grisham, Brazoria District Manager of Houston Lighting & Power Company. Mr. Grisham'stated that on July 6, 1981, the Houston Lighting & Power Company simulta- neously filed with the City and the Public Utility Commission a proposed tariff for systemwide rate change in the amount of $248,000,000. Subsequently, the City passed a Resolution suspending the increase in the City for a period of 120 days. This action was taken to allow the City and the PUC to study the rates and make a final decision concerning'the rates. On October 15, 1981, the PUC issued a final order regarding HL&P's rate application. This Final Order calls for a systemwide increase of $189,000,000 or 7.14% over present rates. Mr. Grisham advised that the Houston Lighting & Power Company felt that the rates approved by the PUC was in the best jinterest of the system and should be put into effect in Pearland. He urged that the j City take action to adopt the Commission's Final Order. CHANGE IN ORDER OF BUSINESS: NEW BUSI-NESS: I ORDINANCE NO. 435, AN ORDINANCE REQUIRING THE HOUSTON LIGHTING & POWER COMPANY TO FILE MODIFIED RATE SCHEDULES TO BE CHARGED IN THE CITY'OF PEARLAND: City Attorney Williams advised that the Houston Lighting & Power Company has posted a bond with the City of Pearland, and the new rates will become effective November 9, 1981. These rates will be subject to refund to the extent there is any difference between the temporary rates and those ultimately approved by the City Council or by the PUC in any appeal resulting from the action of the City Council. It was moved by Councilman Lentz, seconded by Councilman Farley that Ordinance No. 435 be passed and approved on first of two readings. Said Ordinance No. 435 reads in caption as follows: ORDINANCE NO. 435 AN ORDINANCE REQUIRING THE HOUSTON LIGHTING & POWER COMPANY TO FILE MODIFIED RATE SCHEDULES TO BE CHARGED IN THE CITY OF PEARLAND, TEXAS; PROVIDING FOR AN EFFECTIVE DATE FOR SUCH RATE SCHEDULES; PROVIDING CONDITIONS UNDER.WHICH SUCH RATE SCHEDULES MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN; CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ANY OTHER ORDINANCE OR PART OR PARTS THEREOF WHICH MAY IN CON- FLICT HEREWITH: Voting "Aye Councilman Farley, Councilman Mack, Councilman Lentz, Councilman McComb. Voting "No": Councilman Gray. Motion passed 4 to 1. APPEAL BY JOHN RODRIGUEZ ON THE DECISION OF DIRECTOR OF EMERGENCY WRECKERS SERVICES FOR DENIAL OF EMERGENCY WRECKER PERMIT: Mayor Reid asked that City Manager Wicker read into the records his letter dated September 14, 1981, wherein he denied the emergency wrecker permit. Mr. Romeo Rodriguez, Attorney for John Rodriguez, was called by Mayor Reid to present his appeal. Mr. Rodriguez stated that he felt that under the provisions of Section 4, it states that there is a determination as to whether or not the need for additional wreckers exists as a matter of public necessity. He called attention to 11 points set out in this section. Mr. Rodriguez stated that No. (11) - "The resulting effect upon the business of holders of existing permits" was the one the Director of Wrecker Services based his denial of the permit for his client. Mr. Rodriguez stated that most of the other permits were granted under the Grandfather Clause of the Ordinance and he felt that his client, beinq a small business man, should be granted a permit. It was pointed out to Mr. Rodriguez that the Wrecker Ordinance requlated "Emergency Wreckers" and the operation of a wrecker in the City for regular wrecker service was not prohibited. The wrecker operators licensed by the City were those who are on a rotation basis in the Police Department and are called by the Police Dispatcher when a Patrolman orders a wrecker. Also, irrespective of the number of wreckers owned by a person holding an Emergency Permit, he is called one time in rotation by the Dis- patcher. It was determined that 336 emergency calls were made in the past six months which, at $35.00 per call, would yield $2,940.00, average revenue for each of the four operators. There was no time that an emergency wrecker was not available. If the first one called was busy or did not answer, than by rotation the next operator was called. City Manager Wicker stated that his basis of denial was on more than one of the 11 provisions set out in the Ordinance. It was moved by Councilman Gray, seconded by Councilman Farley that the appeal for the Application of Mr. John Rodriguez be denied. Motion passed 5 to 0. REVIEW OF COUNTRYPLACE TOWNHOMES - PRELIMINARY PLAT: City Manager Wicker stated that at the Planning & Zoning Commission meeting last Tuesday the preliminary plat of Countryplace Townhomes was submitted. There were three recommended changes to this preliminary plat. One was to show the North arrow to be true or magnetic. They were also asked about the common open space so that it could be checked against our compliance for t-ownhouse requirements of our Ordinance, and they have a breakdown of 73,250 square feet of common open space and there is a 67,500 square feet required. They have presented Mr. Qualtrough, City Engineer, with metes and bounds description, which was not available last Tuesday night, and there is both adequate off-street parking for each individual lot and there -is some addi- tional .parking space around the common open spaces that will be additional. Mr. Wicker stated that everything is in order according to the Planning & Zoning Commission request, and the Planning & Zoning Commission approved the Plat subject to the changes being made. The City Council discussed with representatives of the Developer, the ingress and egress out of this Section. It was moved by Councilman Farley, seconded by Councilman McComb that we pass the preliminary plat of Countryplace Townhouses onto the Planning & Zoning Commission with the recommendation that they give consideration to emergency, temporary egress from this Townhouse Section. Motion passed 3 to 1. Councilman Lentz abstained. Councilman Mack opposed. MEETING RECESSED 8:50 P. M. - RECONVENED AT 9:00 P. M. CHANGE IN ORDER OF BUSINESS: UNFINISHED BUSINESS: ANNEXATION WEST OF PEARLAND:' This item will be on the next agenda. MVTAI RTT C TMPQ C. RESOLUTION NO. R81-34, A RESOLUTION DESIGNATING REPRESENTATIVE AND ALTERNATE TO THE HOUSTON-GALVESTON AREA COUNCIL GENERAL ASSEMBLY: Resolution No. R81-34 read in full by Councilman Farley. It was moved by Councilman Farley, seconded by Councilman Lentz that Resolution No. R81-34 be passed and approved on first and only reading. Said resolution reads as follows: RESOLUTION NO. R81-34 DESIGNATION OF REPRESENTATIVES HOUSTON-GALVESTON AREA COUNCIL GENERAL ASSEMBLY 1982 BE IT RESOLVED, By the Mayor and City Council of Pearland, Texas, that Tom Reid be, and is hereby, designated as its representative to the General Assembly of the Houston - Galveston Area Council for the year 1982. FURTHER, that the Official Alternate authorized to serve as the voting delegate should the hereinabove named delegate become ineligible, or should he resign,.is Charles R. Mack. THAT, the Executive Director of the. Houston -Galveston Area Council be notified of the designation of the hereinabove named delegate and alternate. PASSED AND ADOPTED, this the 9th day of November, 1981. APPROVED: /S/ Tom Reid Mayor ATTEST /S/ Dorothy L. Cook City Secretary r, Voting "Aye": Councilman Farley, Councilman Mack, Councilman Lentz, Councilman McComb, and Councilman Gray. Voting "No": None Motion passed 5 to 0. APPROPRIATION OF ADDITIONAL $1760.00 TO COVER CITY'S 5o PARTICIPATION IN THE MAGNOLIA STREET AUTOMATIC GATE ARM SIGNALS AT RAILROAD TRACKS: The State Department of Highways and Transportation, in a letter dated October 14, 1981, advised that the total estimated cost of the project would be $105,200.00; that our five percent participation would be $5,260.00. Prior motion had approved $3,500.00. 12 it was moved by Councilman McComb, seconded by Councilman Lentz that an additional $1,760.00 be appropriated for this project and that the budget be amended accordingly. Motion passed 5 to 0. ORDINANCE NO. 26671, AN ORDINANCE AMENDING CHAPTER 5, SECTION 5.8 OF ORDINANCE NO. 266 KNOWN AS THE PERSONNEL ORDINANCE OF THE CITY: Ordinance No. 266-1 read in caption by Mayor Reid. (First Reading) It was moved by Councilman Lentz, seconded by Councilman McComb that Ordinance No. 266-1 be passed and approved on first of two readings„ Said Ordinance No. 266-1 reads in caption as follows: ORDINANCE NO. 2,66-1 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 5, SECTION 5.8 OF ORDINANCE NO. 266 HERETOFORE ADOPTED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS; PROVIDING FOR AN EFFECTIVE DATE; A SEVERABILITY CLAUSE; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Gray, Councilman McComb, Councilman Lentz, Councilman Farley, and Councilman Mack. Voting "No": None Motion passed 5 to 0. RESOLUTION NO. R81-35, CASTING OFFICIAL BALLOT FOR CANDIDATES FOR BRAZORIA COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS: Resolution No. R81-35 read in full by Mayor McComb. It was moved by Councilman McComb, seconded by Councilman Lentz that Resolution No. R81-35 be passed and approved on first and only reading with all 134 votes being cast for George V. Hastings, the Council's nominee. Said Resolution No. R81-35 reads in caption as follows: RESOLUTION NO. R81-35 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. Voting "Aye": Councilman Farley, Councilman Mack, Councilman McComb, Councilman Lentz, and Councilman Gray. Voting "No": None Motion passed 5 to 0. ENGINEERING ESTIMATES: It was moved by Councilman Lentz, seconded by Councilman McComb that the Final Estimate of Brown & Root, Inc. for resurfacing the streets in the amount of $47,724.26, and that the Final Invoice of Layne -Texas Company for the Liberty Road Water Well in the amount of $16,406.25, and that the progress payment to Lem Construction Company, Inc. for the Corrigan Drive Realignment in the amount of $5,606.37 be approved and paid out of appropriate funds, subject to the receipt of all required Maintenance Bonds. Motion passed 5 to 0. OTHER BUSINESS: It was moved by Councilman Farley, seconded by Councilman Mack that the absence of Councilman McComb from the regular meeting on October 22, 1981, be shown as excused absence. Motion passed 4 to 0. Councilman McComb abstained. 13 EXECUTIVE SESSION Texas Open Meeting's Law, Section 2, Subsection (g) Personnel. Returned from Executive Session at 10:10 - No action as a result of Executive Session. ADJOURN: Meeting adjourned at 10:10 P. M. Minutes approved as submitted and/or corrected this the 1-3 day of A. D., 1981. Mayor ATTEST: City Secretary