Loading...
1982-05-10 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MAY 10, 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 City Manager City Attorney Assistant City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Mayor Reid. Scherrer, Commander, VFW Post 7109. APPROVAL OF MINUTES: Tom Reid Terry Gray Al Lentz Charles R. Mack Dennis M. Frauenberger } Ronald J. Wicker Bobby J. Williams Kay Krouse The Pledge of Allegiance was led by Art It was moved by Councilman Lentz, seconded by Councilman Gray that the minutes of a Regular Meeting held on April 26, 1982 be approved as submitted. Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid called a Special Meeting to be held on May 17, 1982 to canvass the votes of the Bond Election of May 15, 1982. Mayor Reid issued a Proclamation for the VFW Post 7109 proclaiming May 21, and 22nd as Buddy Poppy Days in Pearland. Commander Art Scherrer and Mr. Earl Sears received this proclamation on behalf of Post 7109. COUNCIL ACTIVITY REPORTS: Councilman Mack asked that a Joint Workshop Meeting between the Planning & Zoning Com- mission and the City Council, on the Amendments to the Land Use Ordinance, be held on May 17, 1982 after adjournment of a Special Meeting that night. DEPARTMENTAL REPORTS: City Manager Ron Wicker reported that back in March the Texas Department of Highways & Public Transportation presented to the Brazoria County Transportation Planning Com- mission a proposed 20 -year plan for Brazoria County for review. Mr. Wicker said, from the City's standpoint, we were basically in agreement with the overall proposed plan, but had three recommended changes: 1) widening of Dixie Farm Road to six lanes all the way from SH 35 to Interstate 45; 2) South and East loop systems tying -in to HW 35 freeway; and 3) opening and developing Scott Street to tie-in to Hughes Road in Harris County. These recommendations were presented before the Commissioners Court this morning for further consideration and transmittal to the Highway Department. CITIZENS: None DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: REQUEST BY RON SLANK AND BOB JORDAN FOR CLOSING OF ALLEY IN BLOCK 21 AND BLOCK 28 OF OLD TOWNSITE: Councilman Gray reported that the City Engineer, Dick Qualtrough, had some plans drawn up on rerouting the sewer line in the alley back of Ron Carter Chevrolet and Ford's Restaurant. Mr. Slank and Mr. Jordan both agreed to pay for this relocation of the sewer line. City Attorney Bobby Williams advised the Council that they should get prepared to receive a lot more requests from homeowners in Old Townsite to close the alley in back of their homes. Mayor Reid asked that a Committee be formed, consisting of City Manager Ron Wicker, City Attorney Bobby Williams and City Engineer Dick Qualtrough, to look at what action can be taken in the future about other requests to close alleyways. It was moved by Councilman Gray, seconded by Councilman Lentz that subsequent to the Council's consideration of the abandonment, Mr. Slank and Mr. Jordan should work out all the necessary arrangements with the other utility companies to assure their re- location is acceptable to those agencies; and all cost of these relocations is to be borne by Mr. Slank and Mr. Jordan, and then an item will be placed on the agenda for calling the necessary public hearings for abandonment of the alley in Block 21 and Block 28. Motion passed 4 to 0. CHANGE IN ORDER OF BUSINESS NEW BUSINESS: SPECIFIC USE PERMIT - REQUEST BY CURTIS LONERGAN, AGENT, FOR HELIPORT AT 3702 KNAPP RD.: Mayor Reid read the following letter from the Planning & Zoning Commission: May 7, 1982 THE HONORABLE MAYOR AND CITY COUNCIL City Hall Pearland, Texas Gentlemen: At their regular meeting on May 4, 1982, the Planning and Zoning Commission con- sidered the Specific Use Permit requested by Curtis N. Lonergan, Agent, for a Heliport at 3702 Knapp Road. After discussion by the Commission, Clyde Starns made the motion to approve a Special Use Permit to Curtis N. Lonergan to operate Bradair Heliport at 3702 Knapp Road with the stipulation that if there are complaints from the nearby sub- division or if the nearby property develops, we would have the right to consider with- r-- drawing the permit. Helen Beckman seconded the motion which tied 3-3 with Leroy Savoie, Bill Frascino and Hardie Barr voting against the motion. A discussion fol- lowed which made clear that if there were complaints or if the operation of a heli- copter did become a nuisance or hazard, the City staff would inform the Commission which would then consider whether or not to recommend that the City Council withdraw the Specific Use Permit. Hardie Barr changed his vote to aye and the motion passed 4-2. The Planning and Zoning Commission now presents this information to the City Council for their consideration. Yours truly, /s/ Richard Tetens Richard Tetens RT:kk Chairman Mr. Harry Bradley told the Council that the heliport would be at his place of business, Brad -Aire on Knapp Rd.. Mr. Lonergan is the pilot for the two helicopters which would be used to bring in clients occasionally, but mostly for personal use. The helicopers are approved by the FAA for commercial use and are under their control. There would be no need to fly over a residential area while taking off and landing; and, in addition, the helicopters will fly at least 800 feet over residential areas. It was moved by Councilman Gray, seconded by Councilman Frauenberger that the Specific Use Permit be granted for a heliport at Brad -Aire, 3702 Knapp Rd.,with the stipulation that specific conditions concerning take off and landing of the helicopters and other safeguards considered important for the welfare and protection of adjacent property owners will be drawn up by the City Attorney and the City Manager, and agreed to by Mr. Bradley; and these conditions will be included as an attachment to the Specific Use Permit. Motion passed 4 to 0. APPnTNTMF.NT nF nMP.. MF.MRF.R Tn THF. T,TRRAPV R(IAPn- Mayor Reid submitted the name of Guy B. Roberts for consideration by the City Council to serve as a member of the Library Board for a three-year term. It was moved by Councilman Lentz, seconded by Councilman Gray that Guy B. Roberts be appointed as member of the Library Board for a three-year term. Motion passed 4 to 0. ORDINANCE NO. 440, AN ORDINANCE FIXING AND ORDERING THE RATES TO BE CHANGED BY ENTEX, INC.: Ordinance No. 440 read in caption by Mayor Reid. (First Reading) It was moved by Councilman Frauenberger, seconded by Councilman Lentz that Ordinance No. 440 be passed and approved on first of two readings. Said Ordinance No. 440 reads in caption as follows: ORDINANCE NO. 440 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; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR SEVERABILITY. Voting "Aye": Councilman Frauenberger, Councilman Gray, Councilman Lentz. Voting "No": None Motion passed 3 to 0. Councilman Mack absent from the Council Chambers at this time. MEETING RECESSED AT 8:34 P. M. - RECONVENED AT 8:45 P. M. Mayor Reid recognized Frances Jamison. She is a member of the Brazoria County Trans - portion Committee and her efforts on behalf of the City are appreciated. CHANGE IN ORDER OF BUSINESS UNFINISHED BUSINESS: (Continued) ACCEPTANCE OF RESIGNATION OF HARRY FARLEY AS MEMBER OF THE CITY COUNCIL POSITION NO. 3 AND REPORT BY THE CITY ATTORNEY RELATIVE TO FILLING VACANCY: It was moved by Councilman Mack, seconded by Councilman Gray that the Council accept, with regret, the resignation of Harry Farley effective May 1, 1982. Motion passed 4 to 0. 7 City Attorney Bobby Williams reported that, according to the Election Code, State Law designates four days per year for holding an election; therefore, since it falls within the time frame, we are required to call an election to fill the vacancy on the second Saturday in August. The election should be called at least 60 days prior to the election date which would be at the regular council meeting on June 14, 1982. SECOND AND FINAL READING OF ORDINANCE NO. 246-79, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE NORM KUBBINS, AGENT FOR STEVE REYBURN, APPLICATION NO. 106 PD TO M-1: I Mayor Reid stated that this item would be passed to the next regular meeting. SECOND AND FINAL READING OF ORDINANCE NO. 246-80, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE - ROY POWERS, APPLICATION NO. 105, AMENDED, R-2 TO GENERAL BUSINESS AND COMMERCIAL: Mayor Reid stated that, because of lack of information required, this item would be passed to the next regular meeting. NEW BUSINESS:(Continued) AWARD OF BID NO. B82-7 FOR TWO DUMP TRUCKS: The following bids were reviewed by the City Council: BIDDER MAKE ITEM NO. 1 ITEM NO. 2 DELIVERY TERMS Bud Brown Ford Ford r South Loop Ford Ford $19,996.63 ------------- each $24,447.0_8_ each 8-12 Weeks C. 0. D. $39,993.26 total $48,894.16 total $19,170.17 ---------- each $22,69_9.00_ each 45-55 Days Net 15 Days $38,340.34 total $45,398.00 total Port City Ford Ford $19,013.50 each $22,989.40 each 60-120 Days Net 10 Days $38,027.00 total $45,978.80 total A. C. Collins Ford $19,831.62 each $24,503.86 each 7-15-1982 Ten Days --------------- --------------- Ford Co. $39,663.24 total $49,007.72 total Dan Boone Chev. Chev $21,943.00 each $26,585.00 each 60-90 Days Net 10 Days $43,886.00 total $53,170.00 total City Manager Ron Wicker told the Council that all the bids received were in excess of budgeted funds. Some $12,000 had been budgeted for an asphalt patch truck for the Street Department. Since the E.M.S. donated the chassis for the patch truck, only a body will be needed. The staff recommends award of bid to South Loop Ford for alternate No. 2, two diesel engines, with the difference in the cost to be taken from capital funds set aside for the patch truck. It was moved by Councilman Gray, seconded by Councilman Lentz that the award of bid No. B82-7 for two diesel powered trucks be awarded to South Loop Ford in the amount of $22,699 each for a total of $45,398, and the difference in the budgeted amount and actual cost to be taken from capital funds set aside for the patch truck. Motion passed 4 to 0. ALLOCATION OF COUNTY FUNDS FOR USE IN CONSTRUCTION AND MAINTENANCE OF CONNECTING LINK ROADS WITHIN THE CITY OF PEARLAND: City Manager Ron Wicker advised the Council that he had met with County Commissioner Billy Joe Plaster with reference to the paving and rebuilding of Fite Road between McLean and Hatfield. Mr. Plaster agreed to contact Bubba Rouse, the other Commissioner in the area, on the possibility of paving that section of Fite Road from Hatfield to Harkey. It was moved by Councilman Lentz, seconded by Councilman Frauenberger that the $15,000 allocated by the County be used in the paving of Fite Road within the City limits of Pearland. Motion passed 4 to 0. ORDINANCE NO. 224-5, AN ORDINANCE AMENDING SECTION 7-13.1 OF THE BUILDING CODE OF THE CITY OF PEARLAND: Ordinance No. 224-5 read in caption by Mayor Reid. (First Reading) It was moved by Councilman Gray, seconded by Councilman Lentz that Ordinance No. 224-5 be passed and approved on first of two readings. Said Ordinance No. 224-5 reads in caption as follows: ORDINANCE NO. 224-5 AN ORDINANCE AMENDING CHAPTER 7, OF THE CODE OF THE CITY OF PEARLAND, TEXAS, BY ADDING AND DELETING SPECIFIC SECTIONS THERETO; PROVIDING FOR AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Gray, Councilman Frauen- berger. Voting "No": None Motion passed 4 to 0. OTHER BUSINESS: MEETING RECESSED AT 9:02 P. M. FOR EXECUTIVE SESSION UNDER TEXAS OPEN MEETING'S LAW, SECTION II, SUBSECTION (e) LEGAL RETURNED TO OPEN SESSION AT 11:30 P. M. - NO ACTION AS A RESULT OF EXECUTIVE SESSION. ADJOURN: Meeting adjourned at 11:30 P. M. Minutes approved as submitted and/or corrected this the_A,_�_day of , A. D., 1982. Mayor ATTEST: r--;ltZy Secretary