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1982-01-11 CITY COUNCIL REGULAR MEETING MINUTES91 0.1 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JANUARY 11, 1982, 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 Williams Dorothy L. Cook The invocation was given by Mayor Reid. The Pledge of Allegiance was led by Council- man Gray. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman Gray that the minutes of the regular meeting held on December 28, 1981, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: r - mayor Reid reported that he issued a Proclamation on National Education Week and pre- sented this proclamation to a group at the Intermediate School. Mayor Reid read a letter from the First Presbyterian Church, dated December 29, 1981, thanking the City's Water Department for the good service rendered to the church. COUNCIL ACTIVITY REPORTS: None DEPARTMENTAL REPORTS: None CITIZENS: Mr. Powers appeared before the City Council with the following statements and requests: 1. Realignment of Hatfield Road. This was recommended by the Planning and Zoning Commission. Mr. Powers stated that he would give the necessary right- of-way in exchange for the City building the street; 2. Mr. Powers stated that .he would furnish all materials for a water line along the extension of Hatfield Road if the City would install same; 3. Mr. Powers wanted to.know how the Council felt about rezoning the back part of Colony Park from R-2 to Commercial. The front part of the property is presently zoned Commercial. CHANGE IN ORDER OF BUSINESS NEW BUSINESS: REQUEST BY ROY POWERS ON REALIGNMENT OF HATFIELD ROAD AND OTHER MATTERS RELATING TO PROPERTY DEVELOPMENT: City Manager Wicker advised the City Council that the preliminary plat Mr. Powers brought before the Planning and Zoning Commission had all lots facing on F. M. 518 or County Road 555 (Hatfield). The Planning and Zoning Commission, at this point, felt that it would be advantageous to the City to discuss the possibility of elimi- nating the off -set on Hatfield Road by extending it North through Mr. Powers' property. Mr. Powers was asked to consider this matter. The drainage easement was -- discussed with Mr. Powers and he has agreed to give this easement. Mr. Wicker sug- gested that if the City decided on the road, that a 24 -foot penetration type paving with open ditches, similar to the presently existing Hatfield Road, be constructed. Mr. Wicker also suggested that the water line be at least eight inches. Mr. Powers was asked to present this proposals in writing. It was moved by Councilman Farley, seconded by Councilman Gray that we accept Roy Power's offer of 80 feet.of right-of-way to realign Hatfield Road and that he be held free from assessment for the construction. Also, subject to the approval of the Texas Department of Highways & Transportation, that this road be improved and paved within two years. Motion passed 5 to 0. It was moved by Councilman Gray, seconded by Councilman McComb that we accept Mr. Powers offer of material for the water lines that would meet the specifications of our Engineer. Also, subject to the approval of the Texas Department of Highways & Transportation, that the installation be made by the City within two years. Motion passed 3 to 2. Councilman Lentz and Councilman Mack opposed. Mr. Powers was advised that the City Council could not make any commitment regarding the rezoning of the back portion of his property, and that any zoning change request would have to go through the proper procedure of public notices and public hearings. PRESENTATION OF AUDIT BY EARL LAIRSON AND COMPANY: Mr. Earl Lairson, of the firm of Earl Lairson and Company, presented the final audit made by his firm for the fiscal year ending September 30, 1981. It was moved by Councilman McComb, seconded by Councilman Lentz that the Annual Finan- cial Report as prepared by Earl Lairson and Company be received into the records of the City. Motion passed 5 to 0. CHANGE IN ORDER OF BUSINESS: DOCKETED PUBLIC HEARINGS: 1. TEXAS -NEW MEXICO POWER COMPANY'S REQUEST FOR RATE INCREASE: PERSONS WISHING TO SPEAK FOR THE PROPOSED RATE INCREASE: Mr. Kenneth Bayam, representing Texas -New Mexico Power Company, advised that his company is asking for a 7.46% rate increase overall. PERSONS WISHING TO SPEAK AGAINST THE REQUEST FOR RATE INCREASE: None QUESTION AND ANSWER PERIOD: Mr. B ayam advised that this company serviced three accounts in the City of Pearland. ADJOURN HEARING COMPLETE TAPE ON FILE IN OFFICE OF CITY SECRETARY CHANGE IN ORDER OF BUSINESS NEW BUSINESS (Continued): RESOLUTION NO. R82-1, A RESOLUTION OF THE CITY OF PEARLAND SUSPENDING RATE CHANGES HERETOFORE FILED BY TEXAS NEW MEXI OD POWER COMPANY: Resolution No. R82-1 read in full by Councilman Lentz. It was moved by Councilman Lentz, seconded by Councilman Farley that Resolution No. R82-1 be passed and approved on first and only reading. Said Resolution No. R82-1 reads in caption as follows: RESOLUTION NO. R82-1 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, SUSPENDING RATE CHANGES HERETOFORE FILED BY TEXAS -NEW MEXICO POWER COMPANY, PURSUANT TO SECTION 43 (d) OF THE PUBLIC UTIL- ITIES REGULATORY ACT, ARTICLE 1446C. TEXAS REVISED CIVIL STATUTES. Voting "Aye": Councilman Farley, Councilman Lentz, Councilman Mack and Councilman McComb. Voting "No": Councilman Gray Motion passed 4 to 0. r DOCKETED PUBLIC HEARINGS: (Continued) 2. ANNEXATION HEARING INCLUDING MUNICIPAL SERVICE PLAN `148.7M acres more or less located West of present City Limits and defined by metes and bounds in Resolution No. R81-38 and in Notice of Hearing published in official paper and posted on bulletin boards. MUNICIPAL SERVICE PLAN: The following Municipal Service Plan was presented: ATTACHMENT 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 Pearland Police Department will expand its patrol function to include the annexed area. On An average a vehicle will patrol this area five times each 24-hour period. The Police Department will investigate and respond to all special incidents which involve accident investigations, burglaries, thefts, disturbance calls, etc. The normal distribution of Police patrol vehicles should result in a response time of approximately five minutes. FIRE PROTECTION Fire protection will be provided by the Pearland Volunteer Fire Department primarily from the McLean Road fire station located in the 2800 block of McLean Road adjacent to the Corrigan South Subdivision. Response time from this station to any point in the area to be annexed should be approximately five minutes. SOLID WASTE COLLECTION The City of Pearland will provide solid waste collection the same as they cur- rently provide in the present corporate limits. Residential garbage pickup will consist of twice a week pickup on Tuesdays and Fridays and special trash pickup every other Wednesday. Special hauling to the landfill by the residential user =.1 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 establish- ments will be served as determined by need. VOLUNTEER EMERGENCY MEDICAL SERVICES Emergency medical service protection will be provided to the area to be annexed by the Pearland EMS as it is currently provided. Response time to the area being annexed would be approximately 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 with- in 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. CAPITAL IMPROVEMENTS PLAN The Capital Improvements Plan necessary to serve the annexed area within the 2-1/2 year requirement is set forth in Attachment B and will involve only water and sewer facilities. An exhibit was presented by Dick Qualtrough, Engineer for the City, outlining the plans for water and sewer services to the area to be annexed. This exhibit is to be known as Attachment B of the Municipal Service Plan. PERSONS WISHING TO SPEAK FOR THE PROPOSED ANNEXATION: T. P. Castillo - Mr. Castillo stated that he was in favor of the annexation and would give the City easements on his property if they were needed for service to the area. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED ANNEXATION: L. J. Johnson - Mr. Johnson stated that he was not opposed to the annexation; however, he felt that the boundary map shown in the newspaper was not correct. QUESTION AND ANSWER PERIOD: Mayor Reid stated that copies of the Municipal Service Plan were available for all citizens present at the hearing. Mayor -Reid announced that a Public Hearing on this annexation would be held at the Carleston Elementary School on January 18, 1982. This is the on --site hearing required for annexation of property. ADJOURN HEARING COMPLETE TAPE ON FILE IN OFFICE OF THE CITY SECRETARY MEETING RECESSED 9:15 P. M. - RECONVENED 9:25 P. M. l—' NEW BUSINESS: (Continued) EMS EQUIPMENT BIDS: The following bids were reviewed by the City Council on Bid No. B81-19: ITEM (A) ITEM (B) ITEM (C) VENDOR CAB & CHASSIS REMOUNTING 3/4 T 4 -WHEEL DRIVE SUMMERS AMBULANCE 1$14,154.71 $3,800.00 $16,967:08 SUPERIOR SOUTHWEST;. INC. $18,941.00 JACK NASH $5,050.00 $19,721.00 $15,987.00 35 ALTERNATE NONE NONE City Manager Wicker stated that the Summers Ambulance was the low bidder on Item (A) r-- Cab & Chassis and Item (B) Remounting; Item (C) the 3/4 ton 4 -Wheel Drive Suburban, the apparent low bidder was Jack Nash. In reviewing the bids, we found out that in the last few months General Motors have stopped providing the engine that we specified, (400 cu. inch or larger). Mr. Wicker recommended that the bid for Item (A) and Item (B) be awarded to Summers Ambulance Company in the amount of $14,154.71 for the Cab & Chassis, and $3,800.00 for Remounting, It was moved by Councilman McComb, seconded by Councilman Farley that Summers Ambu- lance Company be awarded Bid No. B81-19 Item (A) Cab & Chassis in the amount of $14,154.71 and Item (B) Remounting in the amount of $3,800.00, and that the funds be paid from--,the-appropriate funds. Motion passed 5 to 0. It was moved by Councilman McComb, seconded by Councilman Lentz that all bids received on Item (C) 3/4 ton 4 -Wheel Drive. Suburban be rejected as not meeting the specifica- tions; and that the Suburban be rebid by the staff for consideration by the City Council. Motion passed 5 to 0. DOCKETED PUBLIC HEARINGS: (.Continued). 3. LAND USE CHANGE - APPLICATION NO, 103, ALLSTATE VACUUM AND TANKS, INC, - COMMERCIAL TO INDUSTRIAL DISTRICT - PERFORMANCE STANDARD CLASS (A) M-1. Tract 1 - 1,386 and Tract 2 - 4.0 acres located in Abstract 543. PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE IN. LAND USE: Mr. Kenneth Kimmons, Regional Manager for Allstate Vacuum - Mr. Kimmons advised that they filed for a zone change after he was advised by the City Engineer and Mr. Jim DeShazer that the Company could not have tanks on the property and be considered as Commercial. He stated that his company wanted to be in compliance with the Ordinance. PERSONS WISHING TO SPEAK AGAINST THE ZONE CHANGE: None PLANNING COMMISSION RECOMMENDATION: The Planning & Zoning Commission, by letter dated December 16, 1981, voted to approve this application. QUESTION AND ANSWER PERIOD: It was brought out in the questioning that Allstate Vacuum Company purchased the property from an individual who had previously obtained a zone change for the prop- erty in order to operate a welding business. Mr. Kimmons stated that the products (drilling fluids) handled by Allstate Vacuum are exempt from EPA Regulations, and this company answers to the Texas Railroad Commission. It was brought out that two types of operations are conducted at this yard. They buy and sell heavyweight drilling mud and completion fluid. The trucks used in this operation are cleaned and washed at the Pearland site. Drilling mud is mixed and stored at this site also. The vacuum truck business is permitted by the Railroad Commission with a specialized motor carrier's permit, and they have a hazardous waste I. D. number. Mr. Kimmons stated that the trucks hauling hazardous waste are washed out at the site where the material is dis- posed of and only come into the Pearland yard for repairs. Mr. Kimmons stated that he will furnish the City with a list of the kind of businesses and the kind of prod- ucts handled at the Pearland site. COMPLETE TAPE ON FILE IN THE OFFICE OF THE CITY SECRETARY ADJOURN HEARING NEW BUSINESS: (Continued) COUNCIL DECISION ON APPLICATION NO. 103, ALLSTATE VACUUM AND TANKS, INC. REQUEST FOR LAND USE CHANGE: It was moved by Councilman Farley, seconded by Councilman Lentz that, based on the discussion on whether this is a M-1 or M-2 proper application, and based on the fact that we are working on a Hazardous Waste Ordinance, and based on the fact that a tabling motion would not interfere with the business of this Company, action on this item be tabled. Motion passed 5 to 0. UNFINISHED BUSINESS: ORDINANCE NO. 246-76, DAVID S. MILLER, AGENT FOR MARTHA ALEXANDER CROUCH - LAND USE CHANGE APPLICATION NO. 99 (AS AMENDED): Ordinance No. 246-76 read in caption by Mayor Reid. (.Second Reading) It was moved by Councilman McComb, seconded by Councilman Lentz that Ordinance No. 246-76 be passed and approved on second and final reading. Said Ordinance No. 246-76 reads in caption as follows: ORDINANCE NO. 246-76 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 McComb, Councilman Lentz and Councilman r--• Farley. Voting "No": Councilman Mack Motion passed 4 to 1. Mr. David Miller presented Easement Deed on Whitehead Road, as previously requested. NEW BUSINESS: (Continued) ORDINANCE NO. 246-77, HAUSMAN HOMES — LAND USE CHANGE APPLICATION NO. 102 Ordinance No. 246-77 read in caption by Mayor Reid. (.First Reading) It was moved by Councilman Lentz, seconded by Councilman Farley that Ordinance No. 246-77 be passed and approved on first of two readings. Said Ordinance No. 246-77 reads in caption as follows.: ORDINANCE NO. 246•--77 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 Farley, Councilman Mack, Councilman Lentz, Councilman Mc- Comb and Councilman Gray. Voting "No": None Motion passed 5 to 0. ENGINEERING ESTIMATE NO. 2 - ANGLETON ASPHALT COMPANY: It was moved by Councilman Lentz, seconded by Councilman McComb that Engineering Estimate No. 2, in the amount of $39,642.48 - Angleton Asphalt Company - for work on the realignment of Old Alvin Road and John Lizer Road, be approved for payment out of the proper fund. Motion passed 5 to 0. OTHER BUSINESS: MEETING RECESSED AT 10:20 P. M. TO EXECUTIVE SESSION UNDER TEXAS OPEN MEETING'S LAW, SECTION II, SUBSECTION (e) LEGAL AND SUBSECTION (g) PERSONNEL. r__ RECONVENED AT 10:46 P. M. - NO ACTION AS A RESULT OF EXECUTIVE SESSION. ADJOURN: Meeting adjourned at 10:46 P. M. Minutes approved as submitted and/or corrected this the day of A. D., 1982. Mayor ATTEST: City Secretary