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1983-03-28 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MARCH 28, 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 Acting City Attorney City Secretary Tom Reid Terry Gray Charles R. Mack James E. Bost Al Lentz Dennis Frauenberger Ronald J. Wicker Ben Best Dorothy L. Cook Absent from the Meeting: City Attorney Bobby Williams INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Rev.Don Willis, Pastor of the First United Methodist Church of Pearland. The Pledge of Allegiance was led by Toby Lytle, President of the Board of Trustees of the Pearland Independent School District. APPROVAL OF MINUTES: It was moved by Councilman Bost, seconded by Councilman Frauenberger that the minutes of the regular meeting held on March 14, 1983, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid issued the following Proclamations: 1. DRUG AWARENESS WEEK - April 4, 1983 through April 8, 1983; 2. FHA -HERO WEEK - April 5, 1983 through April 11, 1983. Mayor Reid expressed appreciation to the Earner's. Cleaners for cleaning the Council Room flags free of charge. Mayor Reid reported on a meeting last Monday night in Friendswood. He stated that Judge Holbrook, from Galveston County, had just returned from Washington where he talked with the Corps of Engineers and Representative Jack Brooks regarding the possi- bility of starting up activities on Clear Creek. The President's Budget included $152,000 for engineering, but did not include any money for construction work on the Creek; and it was the feeling of the Corps of Engineers that they could spend up to $350,000 in fiscal 1984 year on construction, if it were appropriated. Congressman Brooks indicated that if he had the proper support from the entities along the Creek that he could possibly get this included in the Budget. The Hearings have been set for 10:00 A. M., April 6, 1983, before the House Committee, and 2:00 P. M. before the Senate Committee. Drainage District representatives, Mayor Lowe of Friendswood, Judge Holbrook of Galveston County, Mayor Reid, and other entities' representatives will be attending the Hearings. This appropriation, if approved, would permit the Corps to start on the West bank of Clear Creek and work up to Highway 3. The Flood Control District in Harris County has already agreed to the issuance of a contract on a second outlet from Clear Lake into the Bay. L :J COUNCIL ACTIVITY REPORTS: Councilman Gray reported that he, Councilman Frauenberger, City Manager Wicker, and other citizens of the Community attended Brazoria County Day in Austin on March 22, 1983. He stated that they met with Mr. Goode of the State Highway Department, and expressed the concern of our Community on the traffic situation on Highway 518 between Pearland and Friendswood. Dixie Farm Road was also discussed; and Mr. Goode suggested that we contact the County Commissioners and ask for a priority rating on this project since there is 23 million dollars in State Funds each year for new Farm -to -Market Roads. Councilman Frauenberger reported on the trip and indicated that he felt that Pearland was well -represented in Austin since the 16 people attending was the largest delegation from Brazoria County. The purpose was to let the lawmakers know that we are interested in what they are doing and how it will affect our local government here. Councilman Lentz reported on the Management and Collection Agreement furnished in the Council's Packets. City Manager Wicker stated that all three entities--Pearland, Brookside and Drainage District #4 --have signed this Agreement with Coenco, Inc., and that this firm will be given official notice to proceed tomorrow. Councilman Mack reported that a Committee Meeting on the Land Use Ordinance will be held immediately following the Special Meeting on Monday, April 4, 1983. Councilman Bost commended the Staff on the work of landscaping at the City Service Center. Councilman Frauenberger reported that the new supply of trash bags would be delivered next week, and he asked the newspaper to relay this to the public. DEPARTMENTAL REPORTS: City Manager Wicker reported that the City has recently hired a part-time Health Inspector, and she will be working approximately 20 hours per week making inspections throughout the Community. CITIZENS: Toby Lytle, President of the Board of Trustees of the Pearland Independent School District, appeared before the City Council with a request that the School be permitted to tie the Brookside School's sanitary sewer system onto the City of Pearland. He advised that this would save the taxpayers of the District a substantial amount of money since the other alternative for the School would be to construct and operate its own sewer planta He submitted the following petition to the City Council: APPLICATION FOR PERMIT FOR SANITARY SEWER LINE INSTALLATION TO THE HONORABLE MAYOR AND THE CITY COUNCIL OF THE CITY OF PEARLAND PEARLAND, BRAZORIA COUNTY, TEXAS COMES NOW Pearland Independent School District and hereby petitions for ---' the right to lay a four inch sanitary sewer line in and along the right-of-way of Brookside Road from the intersection of Garden Road a distance of approximately 4000 feet in an Easterly direction to the intersection of Eiker or Hatfield Road thence approximately 1200 feet in a Southerly direction to the i n t e r s e c t i o n of Scott Street where said line will tie-in to the sanitary sewer system of the City of Pearland. If the work described herein has not been completed within 120 days of this date, this permit shall become null and void. Petitioner agrees to keep said pipeline in good condition at all times and agrees to make changes in said pipeline when required to do so by the City Engineer when it is necessary for the construction of public streets. Petitioner further agrees to abide by all requirements of the City of Pear - land and the City Engineer in the construction of said installation. Filed this 24th day of March 1983. PEARLAND INDEPENDENT SCHOOL DISTRICT Name of Applicant /s/ G. P. Bullard By Signature Superintendent of Schools Title P. 0. Box 7, Pearland, Texas 77581 Address APPROVED: day of 19 Mayor of City of Pearland, Texas DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: None NEW BUSINESS: REQUEST BY PEARLAND INDEPENDENT SCHOOL DISTRICT FOR APPROVAL TO TIE-IN ELEMENTARY SCHOOL IN BROOKSIDE ONTO PEARLAND'S SEWAGE SYSTEM: A discussion was held with Mr. Lytle regarding the amount of sewage to be treated as well as tank capacity that would allow pumping during off-peak hours. It was moved by Councilman Gray, seconded by Councilman Bost that the City permit Pear - land Independent School District to tie into the City's sewer line at the appropriate place on Scott Street, and that such line be strictly for the use of Lawhon Elementary School, and that no other party be allowed to tie onto the line in the future without the permission of Pearland Independent School District and the City of Pearland. Also, that the Staff be directed to draw up any documents necessary for establishment of the rates to be charged for this service. Motion passed 5 to 0. CITIZENS (Continued) Rev. Don Willis, Pastor of the First United Methodist Church, appeared before the City Council with a request that the alley adjacent to Church property in Block 11 of the Old Townsite be closed to enable the Church to expand the Sanctuary. He presented a letter from Entex, Inc., as follows: March 25, 1983 Rev. Don Willis First United Methodist Church 2314 N. Grand Blvd. Pearland, Texas 77581 Dear Rev. Don Willis: Mr. Don Ellis has requested that Entex, Inc. re-route its existing gas line in the alley between Grand Blvd and Houston Ave. A Distance of about 300 feet. This is to inform you that Entex Inc. would relocate our gas line, providing the church pays for total cost of re-route and provides Entex, Inc. with a private right- of-way to get back to the alley. /s/ Clarence Pierce Operations Supervisor cc: Roy Baker Charles Watson City Manager Wicker stated that the sewer line would not be a problem; however, the legal aspects would be discussed by Acting City Attorney Best. Mr. Best referred to Article 5421 C-12 which allows the City to relinquish this alley; however, certain conditions would have to be met. A survey would be needed, a letter from the Utility Companies, a letter from the Church agreeing to pay for relocation of the sewer system (manhole), and an appraisal from a member of the American Institute of Real Estate Appraisers stating what the fair market value of the property is on this date. The Church would be expected to pay for the appraisal and what the appraisal comes back for would be the price the City would have to get for the property. Also, a survey needs to show the metes and bounds on the alley. Councilman Frauenberger submitted the following motion to the City Council relative to the request by the First United Methodist Church for the closing of a portion of the alley in Block 11 of the Old Townsite, referred to as that portion contiguous to Lot 1. through Lot 8 on Houston Avenue and Lots 41 through 48 on Grand Blvd. It was moved by Councilman Frauenberger, seconded by Councilman Bost that the Staff be authorized to get the appraisal and all necessary documentations from the gas and electric utilities for the proper handling relative to conveyance of this transaction, and that the necessary Ordinance be prepared. Motion passed 5 to 0. APPOINTMENT OF CITY HEALTH OFFICER: It was moved by Councilman Bost, seconded by Councilman Lentz that Dr. David Armbruster be reappointed as City Health Officer for the City of Pearland. Motion passed 5 to 0. EMERGENCY SEWER REPAIRS: We have, over the last few years, had problems in Corrigan Addition (South) of the lines sinking down into shallow quicksand. We have a number of key locations where portions of Corrigan flow through other portions of this Subdivision to ultimately get out into the main sewer line. We recently had a complaint from a gentlemen who lives on the Northeast corner of Rockland and Neches River that sewage was overflowing in his back yard. In the process of trying to find out where the problem was, we traced the line back and found that the line actually goes back to Leggett Street. There is a small section of line from George Tribell's house to the next door neighbor's house that has a break in it. We are not sure how bad this break is; however, we have under a recent contract a televising firm that is going to put this as a top priority so they can tell us exactly where the break is, the nature of the break, and what it will take to repair this line. We are estimating that this would not cost over $20,000, but we do have Sewer Bond Funds to cover this project. City Manager Wicker asked that this be handled under an emergency appropriation since it serves a major area of Corrigan Subdivision. It was moved by Councilman Lentz, seconded by Councilman Bost that the City Manager be authorized to make emergency repairs to the sewer line in Corrigan Subdivision up to $20,000.00. 1�_ Motion passed 5 to 0. RESOLUTION NO. R83-8, A RESOLUTION SUPPORTING SENATE BILL NO. 606 RELATING TO 9-1-1 EMERGENCY TELEPHONE NUMBER: Mayor Reid stated that there is now pending before the Legislature a Bill which would permit a local option on establishment of a 9-1-1 Emergency Number. This Bill relates to Counties with over 200,000 population, and the fact that Pearland is also in Harris County would enable Pearland to have this option if the Legislature adopts this Bill. Mayor Reid read into the records a letter from Civil Defense Coordinator, Ray Blaylock as follows: March 25, 1983 TO: RONALD WICKER, CITY MANAGER FROM: RAY BLAYLOCK, EMERGENCY MANAGEMENT COORDINATOR DATE: MARCH 25, 1983 SUBJECT: 9-1-1 LEGISLATION I have reviewed the proposed legislation with interest. My first impression is that Pearland at the moment has a better emergency phone system. This present system, of course, is without additional cost to the citizens. The proposed 9-1-1 emergency system would include several jurisdictions and consequently the emergency operator would refer the emergency call to the appropriate jurisdiction. I believe the 9-1-1 emergency system will be effective and simple. In the event the City of Pearland elects to participate, I would recommend that we retain the old emergency phone numbers. I would recommend support of 9-1-1 legislation with this in mind. /s/,.Ray Blaylock Resolution No. R83-8 read in full by Councilman Bost. It was moved by Councilman Bost, seconded by Councilman Frauenberger that Resolution No. R83-8 be passed and approved on first and only reading. Said Resolution No. R83-8 reads in caption as follows: RESOLUTION NO. R83-8 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING THE PASSAGE OF SENATE BILL NO. 606 RE- LATING TO 9-1-1 EMERGENCY PHONE SYSTEM. Voting "Aye Councilman Bost, Councilman Frauenberger, Councilman Gray, Councilman Mack, and Councilman Lentz. Voting "No": None Motion passed 5 to 0. ORDINANCE NO. 246-85, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE, APPLICATION NO. 116, A. 0. JOHNSTON - PD TO COMMERCIAL: Ordinance No. 246-85 read in caption by Councilman Gray. (First Reading) It was moved by Councilman Gray, seconded by Councilman Lentz that Ordinance No. 246-85 be passed and approved on first of two readings. Said Ordinance No. 246-85 reads in caption as follows: ORDINANCE NO. 246-85 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN DE- VELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PRO- VISIONS 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. ORDINANCE NO. 246-86, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE APPLICATION NO. 117, VENTURA CONSTRUCTION COMPANY - PD TO COMMERCIAL: Ordinance No. 246-86 read in caption by Councilman Mack. (First Reading) It was moved by Councilman Mack, seconded by Councilman Gray that Ordinance No. 246-86 be passed and approved on first of two readings. Said Ordinance No. 246-86 reads in caption as follows: ORDINANCE NO. 246-86 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN DE- VELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PRO- VISIONS 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. APPROVAL OF INVOICES: It was moved by Councilman Lentz, seconded by Councilman Bost that the following invoices be approved for payment -out of the appropriate funds: (a) Langford Engineer, Inc. for Investigation and Study and Report on Sanitary Sewer System Rehabilitation in the amount of $655.11. (Bond Funds); (b) Caldwell Tanks, Inc, for Two 500,000 Elevated Steel Water Tanks, Partial Payment Estimate No. 2 in the amount of $126,755.80 Alice Street & Liberty Road Locations. (Bond Funds); Caldwell Tanks, Inc. for One 500,000 Elevated Steel Water Tank, Partial _J payment Estimate No. 1 in the amount of $10,701.90, McLean Road Location. (Bond Funds); (c) H. Platt Thompson for Supplement to Preliminary Engineering Report for Magnolia John Lizer Paving Project in the amount of $2,500.00. (Bond Funds); (e) Trico Industries for Construction of Two Factory Coated Steel Water Tanks in the amount of $16,778.80, Retainage. (CO Funds). Motion passed 5 to 0. CALL OF SPECIAL MEETING TO CANVASS VOTES OF ELECTION ON APRIL 2, 1983: It was moved by Councilman Bost, seconded by Councilman Frauenberger that a Special Meeting be called for April 4, 1983, at 7:30 P. M., for the purpose of canvassing the votes of the Elections held on April 2, 1983, and declaring the results. Motion passed 5 to 0. G111301011W� Meeting adjourned at 8:50 P. M. Minutes approved as submitted and/or corrected this the ay of , A. D., 1983. If yor ATTEST: t dity Secretary 0