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1983-01-10 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JANUARY 10, 1983, 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 Terry Gray Al Lentz Dennis Frauenberger Charles R. Mack James E. Bost Ronald J. Wicker Bobby Williams Dorothy L. Cook The invocation was given by Gene E. Sanders. The Pledge of Allegiance was led by Councilman Gray. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman Bost that the minutes of the regular meeting held on December 27, 1982, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid asked City Manager Ron Wicker to report on the trip made to Washington, D. C. to discuss the flood maps with FEMA. This trip was made by Mayor Reid and City Manager Wicker of Pearland; Superintendent Lloyd Yost and Commissioner Shannon of Drainage District No. 4; Mayor Rutter of Brookside; and representatives of Bernard Johnson, Inc. City Manager Wicker reported that the purpose of the trip was to discuss with FEMA representatives some discrepancies in the flood maps previously submitted by FEMA. FEMA indicated that they plan to study the section of Clear Creek from Highway 35 east and remodel the floodway and flood plain in that area. FEMA is aware of some discrep- ancy in the flow quantities on the west side and east side of the bridge at Highway 35 and Clear Creek. There were some questions regarding improvements made to Clear Creek since the time the Corps of Engineers prepared the cross-sectional of the Creek, and if we could come up with better information, and could provide the necessary data, it could be included in the revision of the maps. What can be done in the floodway was discussed with FEMA and we were advised that as long as it can be shown that there would be no adverse impact on the flow of water in the floodway, then it can be done. If there are major property owners who have property in the floodway, then they will have to provide us the necessary hearing data to show that there will be no adverse impact, and after our own engineering evaluation it can be presented to FEMA, and if they agree, then the floodway can be reduced. City Manager Wicker stated that the agency adopting the flood maps will have to establish criteria for not only construction of buildings, houses, etc. within the floodway and flood prone areas but we are also going to have to establish a process with which we approve any drainage work done on the floodway. City Manager Wicker advised that Bernard Johnson will be submitting some information on what they think we should do. If we try to appeal the work that has been done in the last two years, it will involve some survey work to determine cross-sections along Clear Creek so that these can be compared to data furnished by the Corps of Engineers. Whether or not we are going to do this can be decided later. He suggested that we weigh all of the alternatives after we get the proposal from Bernard Johnson. City Manager Wicker pointed out that FEMA representatives stated that if a city did not participate in the flood maps that the following would happen: 1. Upon expiration of all flood insurance policies, that no additional flood insurance would be provided; 2. That direct Federal assistance in designated flood areas would not be provided; and 3. That there would be no Federal assistance on home guaranteed loans. City Manager Wicker stated that this could have a very detrimental impact on Pearland, and he sug- gested that we should have the best maps and best information we can obtain in order to stay in the program. COUNCIL ACTIVITY REPORTS: Councilman Mack reported that a committee meeting was held on the Zoning Ordinance. We are getting to a point where a Workshop can be held. We also discussed the Subdivision Ordinance, and a Workshop can be called whenever it is convenient. DEPARTMENTAL REPORTS: Mr. Jim Jenkins, Vice President/General Manager of Storer Cable Communications, appeared before the City Council and presented a copy of "City of Pearland Cable Television Re- port". Mr. Jenkins reported on the areas of Pearland not covered by Cable TV at this time. Mr. _ Jenkins referred to the map in his report and stated that the areas marked in blue were the areas they hoped to get underway the first quarter. In answer to inquiries relative to completion of the system, Mr. Jenkins stated that they planned to build any remaining portions in the City this year. City Tax Collector Barbara Lenamon reported that in the first ten days in January, we have collected $675,000 in taxes. We collected $480,000 in December which would make a total collection to date of $1,155,000. City Manager Wicker reported that the new fire truck has arrived and was on display prior to the meeting. Mayor Reid read a letter from Commissioner Bass of Harris County, as follows: January 5, 1983 The Honorable Tom Reid, Mayor City of Pearland Post Office Box 1157 Pearland, Texas 77581 Dear Tom: Enclosed is a copy of the order passed by the Commissioners Court to change the name of Choate Road to Dixie Farm Road. The Right of Way and Engineering Departments are taking the steps necessary to notify the appropriate offices outside the county. A copy of the order will also be sent to Omer Poorman, District Engineer for the Texas Department of Highways and Public Transportation. Best wishes for the new year. Yours truly, /s/ Tom Tom Bass TB: NG: jb CC: Ralph Lowe, Mayor City of Friendswood Walt Lackey, President Pearland Chamber of Commerce Commissioner Billy Joe Plaster, Brazoria County Commissioners Court Nancy Gehman December 30, 1982 WHEREAS, a Resolution by the City Council of the City of Pearland, Texas, has been presented to Commissioners Court requesting that the Court rename Choate Road from State Highway 3 and Interstate 45 to Clear Creek, and that the name Choate Road be changed to Dixie Farm Road; NOW, THEREFORE, upon motion of Commissioner Bass, seconded by Commissioner Fonteno, duly put and unanimously carried, IT IS ORDERED by the Commissioners Court of Harris County that Precinct One be authorized to change the name "Choate Road" to "Dixie Farm Road". CITIZENS: None DOCKETED PUBLIC HEARINGS: None CHANGE IN ORDER OF BUSINESS NEW BUSINESS: APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO BID CONTINUED RENOVATION OF SEWER PLANT NO. 2 AND NO. 3: City Manager Wicker advised the City Council that the City needed to go back out for bids for some finish work on Sewer Plants 2 and 3. This would involve cleaning, priming and finishing of metal surfaces of the plants. It was the recommendation of the Superintendent that the City do everything that needs to be done while the plants are down. It was moved by Councilman Lentz, seconded by Councilman Bost that authorization be given to bid cleaning, priming and finishing of metal surfaces on Sewer Plant No. 2 and No. 3. Payment for this project to be out of the 1978 Bond Funds. Motion passed 5 to 0. RECONSTRUCTION OF DIXIE FARM ROAD FROM MCDONALD STREET TO NORTH CITY LIMITS: City Manager Wicker advised the City Council that when Dixie Farm Road was extended into Harris County, the funds for building the road were limited and the road has not held up to the heavy traffic. He asked for some Council guidance on this matter since this roadway will be subject to additional traffic when Harris County opens Dixie Farm Road from Beamer to I45 to four lanes of traffic. City Manager Wicker recommended that we have our Consulting Engineer, H. Platt Thompson,look it over and give us some design criteria that we can go by. It was moved by Councilman Gray, seconded by Councilman Lentz that the City have H. Platt Thompson look at Dixie Farm Road from McDonald to the North City Limits and work with the Staff to determine the proper design criteria. Motion passed 5 to 0. UNFINISHED BUSINESS: REMOVE FROM TABLE FOR CONSIDERATION ORDINANCE NO. 246-81, BAZEL E. CROWE, AGENT FOR LINN EIGNUS: It was moved by Councilman Lentz, seconded by Councilman Mack that Ordinance No. 246-81 be removed from the table and considered by the City Council at this time. Motion passed 4 to 0. Councilman Gray absent from room at this time. ORDINANCE NO. 246-81, BAZEL E. CROWE, AGENT FOR LINN EIGNUS, OWNER, APPLICATION NO. 109: Councilman Lentz reported that he discussed the lot sizes of the proposed subdivision and was advised by Mr. Crowe that it would not be economically feasible to make the lots larger due to the cost of retention and other expenses involved in this develop- ment. Only a small portion lies within the City limits of Pearland, with the other portion in our extraterritorial jurisdiction and the City of Friendswood. Friendswood requested that the lots in Pearland and the County be a minimum of 60 feet; however, the developer has denied this request due to economic considerations. Council- man Lentz stated that he did not know at this time what other means we have at our disposal to require the 60 foot lots. The developer is aware that he has some platting problems to comply with our Ordinance. Ordinance No. 246-81 read in caption by Mayor Reid. (Second Reading) It was moved by Councilman Bost, seconded by Councilman Lentz that Ordinance No. 246-81 be passed and approved on second and final reading. Said Ordinance No. 246-81 reads in caption as follows: ORDINANCE NO. 246-81 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 Bost, Councilman Frauenberger, Councilman Gray, Councilman Mack and Councilman Lentz. Voting "No": None Motion passed 5 to 0. ORDINANCE NO. 246-82, AMENDMENT TO THE LAND USE AND URBAN -DEVELOPMENT ORDINANCE, WAYNE BUSH, AGENT FOR MINNETEX BIBLE CHURCH - PU TO PLAN APPROVAL: Ordinance No. 246-82 read in caption by Mayor Reid. (Second Reading) It was moved by Councilman Frauenberger, seconded by Councilman Mack that Ordinance No. 246-82 be passed and approved on second and final reading. Said Ordinance No. 246-82 reads in caption as follows: ORDINANCE NO. 246-82 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 Gray, Councilman Frauenberger and Councilman Bost. Voting "No": None Motion passed 5 to 0. NEW BUSINESS: (Continued) ACCEPTANCE OF RIGHT-OF-WAY DEED FROM C. H. ALEXANDER ESTATE - LOCATED IN THOMAS J. GREEN SURVEY, ABSTRACT 198, BRAZORIA COUNTY, TEXAS: City Manager Wicker stated that this was an easement agreed to by various property owners and was not acquired through the platting process. This is for a storm sewer easement and before the City would maintain the easement it would have to be accepted by the City. Additional land would be needed in order to maintain this easement as well as the outfall would need to be changed and other things necessary to correct the situation before the City would accept the easement. It was moved by Councilman Frauenberger, seconded by Councilman Mack that the Council table any action on this item at this time. Motion passed 5 to 0. AUTHORIZATION FOR COUNCILMAN GRAY TO MEET WITH ENGINEER -DIRECTOR OF STATE DEPARTMENT OF HIGHWAYS AND TRANSPORTATION: Councilman Gray advised the City Council that the purpose of his meeting would be to discuss Highway 518, Dixie Farm Road, and other related matters with the Engineer - Director of the State Department of Highways and Transportation. It was moved by Councilman Bost, seconded by Councilman Lentz that Councilman Gray be authorized to meet with the Engineer -Director of the State Department of Highways and Transportation in Austin relative to certain highway situations in Pearland, and that he might take any Staff member along that he so desires. Motion passed 4 to 0. Councilman Gray abstained. RESOLUTION NO. R83-1, A RESOLUTION NOMINATING A CANDIDATE FOR THE BOARD OF DIRECTORS OF THE BRAZORIA COUNTY APPRAISAL DISTRICT: Mayor Reid explained that a vacancy exists on the Brazoria County Appraisal District Board due to the death of one of its members. Each taxing entity is entitled to nominate a candidate to fill this vacancy and the final selection of a member will be made by the Board from a list of nominees submitted. Mayor Reid stated that he had contacted Mayor Harang of Brazoria to see if his name could be submitted for nomination; however, he declined. Mayor Harang advised Mayor Reid that his community, as well as some others, planned to support Dr. Burch Loggins of West Columbia. Mayor Harang highly recommended Dr. Burch Loggins for this position on the Board. Councilman Mack introduced Resolution No. R83-1 naming Dr. Burch Loggins of West Columbia as the City of Pearland's nominee to fill the vacancy on the Brazoria County Appraisal Board. It was moved by Councilman Mack, seconded by. Councilman Bost that Resolution No. R83-1 be passed and approved on first and only reading. Said Resolution No. R83-1 reads in caption as follows: RESOLUTION NO. R83-1 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, NOMINATING A CANDIDATE FOR THE BOARD OF DIRECTORS OF THE BRAZORIA COUNTY APPRAISAL DISTRICT TO FILL VACANCY. Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Frauenberger and Council- man Bost. Voting "No": Councilman Gray Motion passed 4 to 1. ORDINANCE NO. 452, AN ORDINANCE ALLOWING CERTAIN EMPLOYEES OF THE CITY OF PEARLAND WHO DEPOSIT SUMS SO WITHDRAWN BACK INTO THE TEXAS MUNICIPAL RETIREMENT SYSTEM AND ALLOWING SUCH EMPLOYEES CREDIT IN SUCH SYSTEM: Ordinance No. 452 read in caption by Councilman Bost. (First Reading) It was moved by Councilman Bost, seconded by Councilman Frauenberger that Ordinance No. 452 be passed and approved on first of two readings. Said Ordinance No. 452 reads in caption as follows: ORDINANCE NO. 452 AN ORDINANCE ALLOWING CERTAIN EMPLOYEES OF THE CITY OF PEARLAND, TEXAS, WHO HAVE TERMINATED PREVIOUS MEMBER- SHIPS IN TEXAS MUNICIPAL RETIREMENT SYSTEM, TO DEPOSIT THE SUMS SO WITHDRAWN, PLUS ANNUAL WITHDRAWAL CHARGES, AND ALLOWING AND UNDERTAKING THE COST OF ALLOWING ANY SUCH EMPLOYEE CREDIT IN SUCH SYSTEM FOR ALL SERVICE TO WHICH SUCH EMPLOYEE HAD BEEN ENTITLED AT DATE OF SUCH WITHDRAWAL, WITH LIKE EFFECT AS IF ALL SUCH SERVICE HAD BEEN PERFORMED AS AN EMPLOYEE OF THIS CITY. Voting "Aye": Councilman Bost, Councilman Frauenberger, Councilman Gray, Councilman Mack and Councilman Lentz. Voting "No": None Motion passed 5 to 0. ORDINANCE NO. 246-83, AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE, RON SLANK, AGENT FOR RON-CARTER CHEVROLET, INC. - APPLICATION NO. 112 - PD TO COMMERCIAL: Ordinance No. 246-83 read in caption by Councilman Frauenberger, (First Reading) It was moved by Councilman Frauenberger, seconded by Councilman Lentz that Ordinance No. 246-83 be passed and approved on first of two readings. Said Ordinance No. 246-83 reads in caption as follows: ORDINANCE NO. 246-83 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 Gray, Councilman Frauen- berger, and Councilman Bost. Voting "No": None Motion passed 5 to 0. APPROVAL OF PAYMENTS: It was moved by Councilman Lentz, seconded by Councilman Frauenberger that the follow- ing payments be made: Final Estimate on Brown & Root Contract for street maintenance program, in the amount of $18,550.40; Estimate No. 4 for O'Day Drilling Company, in the amount of $67,244.09 for work at the well sites; and that payment be made out of the appropriate funds. Motion passed 5 to 0. It was moved by Councilman Lentz, seconded by Councilman Bost that the request for payment to H. Platt Thompson, Inc., be tabled until a future agenda subject to this firm furnishing the necessary back-up data for the survey time as has been previously requested, and also check the amount of the survey time for the total dollars that the City has paid for surveying up to this time versus what is included in the contract. Motion passed 5 to 0. RESOLUTION NO. R83-2, A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE RECIPROCAL AGREE- MENT WITH CITY OF FRIENDSWOOD FOR WATER AND SEWER SERVICES: Resolution No. R83-2 read in full by Mayor Reid. It was moved by Councilman Lentz, seconded by Councilman Frauenberger that Resolution No. R83-2 be passed and approved on first and only reading. Said Resolution No. R83-2 reads in caption as follows: RESOLUTION NO. R83-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT AND AGREEMENT BY AND BETWEEN THE CITY OF PEARLAND AND THE CITY OF FRIENDSWOOD. Voting "Aye": Councilman Bost, Councilman Frauenberger, Councilman Gray, Councilman Mack, and Councilman Lentz. Voting "No": None Motion passed 5 to 0. OTHER BUSINESS: RECESSED TO EXECUTIVE SESSION AT 9:40 P.M. - TEXAS OPEN METTING'S LAW, SECTION 2, SUB- SECTION (e); SECTION 2, SUBSECTION (f) PURCHASE, EXCHANGE OR VALUE OF REAL PROPERTY AND SECTION 2, SUBSECTION (g) PERSONNEL. RECONVENED AT 11:15 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_gZday of A. D., 1983. -- dr�2_ Mayor ATTEST: City Secretary