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1982-08-23 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON AUGUST 23, 1982, AT 7:3O PM 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 Tom Reid Terry Gray Al Lentz Charles R. Mack James E. Bost Dennis Frauenberger Ronald J. Wicker Bobby J. Williams City Secretary Dorothy L. Cook INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Councilman James Bost. The Pledge of Allegiance was led by Civil Defense Disaster Coordinator Ray Blaylock. APPROVAL OF MINUTES: It was moved by Councilman Frauenberger, seconded by Councilman Mack that the minutes of a special meeting held on July 19, 1982, be approved as submitted. Motion passed 3 to 0. Councilman Lentz and Councilman Bost abstained. It was moved by Councilman Lentz, seconded by Councilman Frauenberger that the minutes of the regular meeting held on July 26, 1982,be approved as submitted. Motion passed 3 to 0. Councilman Gray and Councilman Bost abstained. It was moved by Councilman Lentz, seconded by Councilman Gray that the minutes of the regular meeting held on August 9, 1982,be approved as submitted. Motion passed 3 to 0. Councilman Frauenberger and Councilman Bost abstained. It was moved by Councilman Gray, seconded by Councilman Frauenberger that the minutes of a special meeting held on August 16, 1982, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid reported that he and City Manager Wicker met with Omer Poorman, District Engineer of the State Department of Highways $ Public Transportation to obtain an update on the widening of Highway 518 from the Westminister Drive to Friendswood. He indicated that the money was still a problem, that we were on a 5 -year rotational system; however, he did feel that if the Legislature passed the tax bill proposed, that funding might be available as early as 1983. Mayor Reid called on Mr. Ray Blaylock, Civil Defense Disaster Coordinator, to report on the current status of the Civil Defense Program. Mr. Blaylock reported that he felt everything was in good shape in the event the Civil Defense Program would need to be implemented. Mayor Reid reported that the certification of the Clean Pearland group was held on August 20, 1982. Gary Jackson reported that the entire School Board, most of the Principals and numerous others from the community attended the meeting. The following Saturday morning the recycling program started and it was successful. COUNCIL ACTIVITY REPORTS: Councilman Gray reported that Harry Barrett was the manager of a group of young men who went to Florida after winning the Senior Little League State Tournament for the third r, - consecutive year in a row. Mr. Barrett would like to have these young men recognized. Councilman Gray advised that he would obtain whatever information the Mayor needed so that this group could be recognized. Councilman Mack suggested that a joint workshop meeting with the Planning and Zoning Commission be held on the Land Use Ordinance amendments on August 30, 1982 at 7:30 PM. DEPARTMENTAL REPORTS: City Manager Wicker advised that he had appointed Barbara Lenamon to fill the Tax Collector's position with the City. Mr. Wicker reported that we have information available for public inspection on the Flood Insurance Study for Pearland. Representatives of the Federal Government had originally scheduled to come to Pearland to discuss this program, however, travel funds are not available at this time. Mr. Wicker invited the public to review the map here at City Hall so that they could offer input when the representative of the Federal Govern- ment was able to come to Pearland and hold a public meeting. City Attorney Bobby Williams requested that the Mayor call a Special Emergency Meeting of the Pearland City Council to consider an ordinance regarding the rate of return for Houston Lighting $ Power Company. The City of Houston has been the coordinating City for the coalition of cities; the rates have been analyzed, and it has been suggested that all cities in the coalition pass ordinances granting an increase in revenues to H. L. & P. in the amount of $181,561,000. The original request was in excess of $336,000,000. Mayor Reid called for a Special Emergency Meeting for Tuesday, August 24, 1982 at 7:30 PM to reconvene public hearing on H. L. & P.'s request for rate increase and to consider ordinance as suggested by the rate experts representing the coalition of cities. CITIZENS: M. 0. Knapp,representing Actions, Inc., the Senior Citizens program in the City. for larger quarters for their meetings. DOCKETED PUBLIC HEARINGS: updated the City Council on the activities of Mr. Knapp mentioned to the Council the need Mayor Reid read the following letter from A. A. Sage, Trustee regarding Application No. 107: August 19, 1982 Ms. Cook City Secretary City of Pearland P. 0. Box 1157 Pearland, Texas 77581 RE: Application 107 and 107 as amended Dear Ms. Cook: We hereby wish to withdraw our application to rezone the subject property from M-1 to M-2 at this time. Thank you for your consideration. AAS/rb Sincerely, /s/ A. A. Sage A. A. Sage [43 STATE OF TEXAS COUNTY OF HARRIS Subscribed and sworn to before me this 19th day of August, 1982. CHANGE IN ORDER OF BUSINESS: BID NO. B82-13, DEPOSITORY FOR THE CITY: Bids were opened as follows: INTEREST RATES Demand Deposits Time Deposits Multiple Maturities Fixed Maturities and/or C. D.'s under $100,000: 1. 30-59 days 2. 60-89 days 3. 90-119 days 4. 120-179 days S. 180-269 days 6. 270-364 days 7. One year and over 8. Compounded when? Investment Program for City Funds: Fixed Maturities and/or C. D.'s $100,000 and over: 1. 30-59 days 2. 60-89 days 3. 90-119 days 4. 120-179 days 5. 180-269 days 6. 270-364 days 7. One year and over 8. Compounded when? * As of 8/23/82 and 110% of U.S. Treasury Bill of equivalent maturity thereafter /s/ Ruth A. Berg Notary Public in and for Harris County, Texas Ruth A. Berg My commission expires 4-3-85 NOTARY SEAL FIRST NATIONAL BANK PEARLAND STATE BANK None Max. under Reg. Q Max. under Reg. Q No Bid No Bid Max. under Reg. Q Max. under Reg. Q IT 11 it No Bid No Bid *6.25% 0.375% of 1% over the rate of discount on US *6.80% Treasury Bills of equivalent maturity *7.45% IT *7.90% it *8,60% it *9.20% it *9.40 it Simple Interest Simple 365 day basis It was moved by Councilman Gray, seconded by Councilman Lentz that the bids received under Bid No. B82-13 be received into the records and referred to Lairson, Williams and Company for tabulation and recommendation at the regular meeting to be held on September 13, 1982. Motion passed 5 to 0. [44 RESOLUTION R82-32. A RESOLUTION OF THANKS TO JIM DeSHAZER: Mayor Reid read Resolution R82-32 in full. If was moved by Councilman Bost, seconded by Councilman Gray that the Resolution of Thanks to Jim DeShazer be passed and approved on first and only reading. Voting "Aye": Councilman Bost, Councilman Frauenberger, Councilman Gray, Councilman Mack and Councilman Lentz Voting "No": None Motion passed 5 to 0. Mayor Reid presented the original Resolution to Jim De Shazer along with the plaque '— recognizing his 12 years of service to the community. OVERSIZING OF WATER AND SEWER LINES TO ABBOTT TRACT LOCATED CORNER OF FM 518 AND HARKEY: City Manager Wicker stated that some 67 acres was annexed off of Harkey Road at the request of the owners. As part of this annexation the owners agreed to install water and sewer lines within a two year time frame. We now have the plans for water and sewer for your review, however, we feel like the City needs to participate in over - sizing these lines for future growth to the West. We are asking concurrence by the City Council to allow us to proceed with increasing these lines to a size that will allow for this growth. The City Engineer has worked up some estimates on this, however, we are not sure until the lines are put in how many crossings we will want or where these crossings will be. The City Council reviewed these plans with City Engineer Qualtrough. It was moved by Councilman Gray, seconded by Councilman Lentz that the City Council authorize the oversizing of the water and sewer lines to the Abbott Tract located Highway 518 and Harkey Road, subject to the staff working out the mechanics of determining the actual cost and with payment for same out of the appropriate bond funds. Motion passed 5 to 0. FINAL APPROVAL OF THOMAS AND GILBERT SUBDIVISION: City Manager Ron Wicker read the check list for final approval of this subdivision and Mr. Dean Thomas stated that he had complied with all items listed. It was moved by Councilman Mack, seconded by Councilman Frauenberger that the sub- division Thomas and Gilbert Industrial Tract receive final approval. Motion passed 5 to 0. AUTHORIZATION FOR STAFF TO SUBMIT APPLICATION TO TEXAS PARK'S AND WILDLIFE - OPEN SPACE FUND FOR IMPROVEMENTS TO INDEPENDENCE PARK: Park Director Barry Smink stated that there are funds that might be available to the City through the Texas Parks and Wildlife - Open Space Funds, however, the application will need to be submitted by the end of September. This would be a 50/50 matching grant and we have proposed $100,500, with $50,250 being paid out of State funds. The guidelines are exactly the same as we worked through to develop Independence Park. Mr. Smink advised that most of the items proposed are already under consideration by the City as capital outlay. He stated that we would likely receive approval of the grant around the first of the year. It was moved by Councilman Lentz, seconded by Councilman Bost that the staff be authorized to submit an application to the Texas Parks and Wildlife - Open Space Fund for improvements to Independence Park. Motion passed 5 to 0. AUTHORIZATION FOR CITY PARTICIPATION WITH TEXAS MUNICIPAL LEAGUE ON SOUTHWESTERN BELL TELEPHONE COMPANY'S REQUEST FOR RATE INCREASE: City Manager Ron Wicker advised the City Council that the Texas Municipal League will represent the various cities affected by the Southwestern Bell Telephone Company's request before the PUC for a rate increase. The cost for the City would be 3.5¢ per capita based on the 1980 census which would amount to $463.75. Mr. Wicker stated that he felt that this was a bargain and recommended that the City Council authorize this expenditure. It was moved by Councilman Bost, seconded by Councilman Mack that the City Manager be authorized to expend $463.75 for joint participation with other cities, through the Texas Municipal League, relative to southwestern Bell Telephone Company's rate proposal now pending before the PUC. Motion passed 4 to 0. Councilman Gray abstained. AUTHORIZATION 70,BID HOSPITALIZATION FOR CITY EMPLOYEES: City Manager Wicker advised the City Council that if we continue Hospitalization through the Texas Municipal League, that the cost would increase approximately 50%. He stated that he has talked to several other area City Managers and they plan to go out for bids. He requested that the City Council authorize bidding for Hospitalization and in the event we do not receive lower bids than we now have with TML, that coverage remain with TML. It was moved by Councilman Bost, seconded by Councilman Gray that the City Staff be authorized to bid Hospitalization coverage for City Employees as per the City Manager's recommendation. Motion passed 5 to 0. LOSCO BUILDING SYSTEMS, INC. INVOICE IN THE AMOUNT OF $2542.00: City Manager Wicker advised that this was the final payment for the last addition to the EMS facility. It was moved by Councilman Lentz, seconded by Councilman Mack that the invoice from Losco Building Systems, Inc. in the amount of $2542.00 be approved for payment from the appropriate fund. Motion passed 5 to 0. ORDINANCE NO. 444, AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON HIGHWAY 518: City Manager Wicker advised that this ordinance was prepared with the recommendations of the Texas Department of Highways and Public Transportation and takes into consider- ation the new City Limits line on the West as well as set a school speed zone of 30 miles per hour in the area of the new Middle School. He advised that the State would not approve a 20 miles per hour school zone since it is the policy of the State not to deviate the speed limit less than 15 MPH from the posted speed limit. Ordinance No. 444 read in caption by Councilman Bost. (First Reading) It was moved by Councilman Bost, seconded by Councilman Mack that Ordinance No. 444 be passed and approved on first of two readings. Said Ordinance No. 444 reads in caption as follows: AC ORDINANCE NO. 444 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF ARTICLE 6701D, VERNON'S TEXAS CIVIL STATUTES, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, AS SET OUT IN THIS ORDINANCE; AND PROVIDING A PENALTY OF A FINE NOT TO EXCEED $200 FOR THE VIOLATION OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. Voting "Aye": Councilman Bost, Councilman Frauenberger, Councilman Gray, Councilman Mack and Councilman Lentz. Voting "No": None Motion passed 5 to 0. CALL OF PUBLIC HEARING ON REVENUE SHARING BUDGET: It was moved by Councilman Gray, seconded by Councilman Lentz that a Hearing on the Revenue Sharing Budget be held under Docketed Public Hearings of the regular agenda on September 13, 1982 at 7:30 PM. Motion passed 4 to 0. Councilman Mack not present as this time. ORDINANCE NO. 445, APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR FISCAL YEAR BEGINNING OCTOBER 1, 1982: ORDINANCE NO. 446, AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND: City Manager Wicker advised the City Council that the Appropriation Ordinance and Tax Levy Ordinance would need to be placed on a future agenda since we are waiting for the Central Appraisal District to furnish the Tax Roll so that we can determine what the values are and the calculated rates. CHANGE IN ORDER OF BUSINESS: ORDINANCE NO. 443, AN ORDINANCE AMENDING ARTICLES III AND IV OF THE CODE OF ORDINANCES (HAZARDOUS WASTE ORDINANGE): Ordinance No. 443 read in caption by Councilman Lentz. (Second Reading) It was moved by Councilman Lentz, seconded by Councilman Frauenberger that Ordinance No. 443 be passed and approved on second and final reading. Said Ordinance No. 443 reads in caption as follows: ORDINANCE NO. 443 AN ORDINANCE AMENDING ARTICLES III AND IV OF CHAPTER 30, OF THE CODE OF ORDINANCES 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 Gray, Councilman Frauenberger and _ Councilman Bost. Voting "No": None Motion passed 4 to 0. Councilman Mack not present at this time. � 17 OTHER BUSINESS: It was moved by Councilman Frauenberger, seconded by Councilman Lentz that the records indicate excused absence for Councilman Gray from the regular meeting of July 26, 1982. Motion passed 3 to 0. Councilman Gray and Councilman Bost abstained. It was moved by Councilman Gray, seconded by Councilman Lentz that the records indicate excused absence for Councilman Frauenberger from the regular meeting of August 9, 1982. Motion passed 3 to 0. Councilman Frauenberger and Councilman Bost abstained. MEETING RECESSED: 9:35 PM EXECUTIVE SESSION - TEXAS OPEN MEETING'S LAW, SECTION Il,SUBSECTION (f) PURCHASE, EXCHANGE OR VALUE OF REAL ESTATE AND SECTION II, SUBSECTION (g) PERSONNEL. RETURNED TO OPEN SESSION AT 11:09 PM. It was moved by Councilman Frauenberger, seconded by Councilman Gray that the City Manager be authorized to negotiate with Jerry Koza and others to purchase a one-half acre tract of land adjacent to the Alice Street water well site for installation of overhead water storage. Motion passed 5 to 0. ADJOURN: Meeting adjourned at 11:10 PM. Minutes approved as submitted and/or corrected this the day of A. D., 1982. yor ATTEST: 1�itZySlecr�etaryy