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1980-03-24 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLANDI TEXAS, HELD ON MARCH 24, 1980, 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 Councilman Councilman Councilwoman Councilman City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: Tom Reid Dennis Frauenberger Charles R. Mack Carlton McComb Fran Coppinger Morris S. Wilson William E. Wolff Bobby J. Williams Dorothy L. Cook The invocation was given by Mayor Reid. The Pledge of Allegiance was led by Herman Raney. APPROVAL OF MINUTES: It was moved by Councilman Frauenberger, seconded by Councilman Wilson, that the minutes of the regular meeting held on March 10, 1980, be approved as submitted. Motion passed 4 to 0. Councilman McComb abstained. MAYOR'S ACTIVITY REPORT: Mayor Reid called a special meeting for April 7, 1 80 to canvass the votes of j II the City Officers' election to be held on April 5, 1980. E Mayor Reid introduced Mr. Richard Tetens, Chairman of the Planning and Zoning Commission. Mr. Tetens explained the purposes of this seven man, Council - appointed Commission. He then called on Mike Coppinger, Vice Chairman, who explained the Land Use and Urban Development Ordinance, and the Hearing required under this Ordinance. Mrs. Helen Beckman, Secretary of the Commission, explained the review by the Planning and Zoning Commission of all new subdivision plats. Mayor Reid recognized Mr. Herman Raney, representing the First Baptist Church of Pearland. Mr. Raney advised that the Church voted to return the check in the amount of $2250.00 which had been paid to them by the City as rent on the prop- erty where the Depot building stood. Mayor Reid expressed the appreciation of the City for this generous gesture by the First Baptist Church. Mayor Reid read a letter from Manvel thanking the City Council for the gift of an ambulance no longer in service by our Emergency Service Department. Mayor Reid advised that "Actions, Inc." awarded the City a Certificate of Service. Mayor Reid read a letter from the Atchinson, Topeka & Santa Fe Railway Company, dated March 13, 1980, wherein they advised that a General Notice has been sent to Railway personnel regarding trains blocking Orange, Broadway, or Walnut Streets in the City of Pearland. R.R. Personnel are directed to notify the Alvin j Operator if emergency application of air brakes or any other cause is necessitated. The Alvin operator, in turn, will notify the Pearland Police Department. Mayor Reid advised he felt this action would help with the problem of blocked crossings in the future. COUNCIL ACTIVITY REPORTS: Councilwoman Coppinger advised she had asked the Mayor to call an Emergency Executive Session so she could make her comments private. She stated she hoped to bring an individual before the Council who would tell them the timing of the drug raid last year was directly related to the political elections. She advised she felt that our Police Department was incompetent and used poor judgement relating to the recent arrests. She requested other members of the Council to express their feelings to the community. Councilman Morris Wilson stated that due to the previous medical history of the young informant, he felt the use of this boy as an informer indicates the inade- quacy of our Police Department. Councilman McComb reported that he and Mr. Williams have reviewed the request by the Chamber of Commerce to dispose of the Christmas decorations. Councilman McComb advised that the City could not assume the debts of anyone, but could purchase the decorations for an amount less than $3,000. This matter will be 1� placed on the agenda at a later meeting. Councilman McComb stated he felt enough had been said in regard to the drug bust, and that we should go on with the business of the City and let the citizens decide on April 5, 1980. Mayor Reid asked Councilman McComb if he was- prepared to report for the Fire Lane Ordinance Committee. Councilman McComb advised he did not have a report at this time. Councilman Frauenberger advised that after speaking with the District Attorney, it was his understanding that the complete case files will be forwarded to the Grand Jury for investigation. Mayor Reid indicated his decision not to call an Emergency Executive Session was based on the guideline that this matter was being handled by the appropriate State office. DEPARTMENTAL REPORTS: City Manager Wolffreportedthat progress was being made on the' "various bond projects. The Contractor is working the water line and the bridges have now been completed for Old Alvin Road, and the Plans.and Specifications for the construction of Old Alvin Road should be ready to go out for bids at the next meeting. City Manager Wolff advised that Interurban Pipeline Company, contractor for the Pearland Sites Road sanitary sewer line, indicated displeasure in regard to the Plans and Specifications prepared, and their desire to go forward under the Arbitration section of our contract. The contractor has appointed an individual to represent his company, and we will need to name someone to represent the City. The finding of this committee will be binding on both the City and the Contractor. This item will be placed on the next regular agenda. City Attorney Bobby Williams advised that we have now received the field notes on the Corrigan entrance, and indicated he is in the process of drawing up the proper documentation for exchange of property with Mr. Barringer. This will be on the next agenda. A discussion was held regarding the possibility of striping Dixie Farm Road and placing reflectors along the edge. M CITIZENS: Mr. Bert Jamison spoke to the City Council regarding drainage in the City of Pearland. Mr. Homer N. Comeau advised that he lives in Brookside, just off Knapp Road, and requested water and sewage service to the property. Mayor Reid instructed Mr. Williams and Mr. Wolff to look into the matter, and if certain intergovern- mental legalities could be overcome, the item would be placed back on the City Council for consideration. Mr. Roy Baker, representative of Entex, Inc., was unable to appear due to an emergency; however, Mayor Reid read his request, entitled "Statement of Intent to Change Rates for the Texas Gulf Coast Division Inside City Limits on Small Commercial and Residential Customers. Cost of Service.". CHANGE IN ORDER OF BUSINESS: NEW BUSINESS: REQUEST BY ENTEX, INC. FOR CHANGE IN RATES ON RESIDENTIAL AND SMALL COMMERCIAL CUSTOMERS: It was moved by Councilwoman Coppinger, seconded by Councilman Frauenberger, that a Public Hearing be called under Docketed Public Hearings of the regular agenda on April 14, 1980. Motion passed 4 to 0. Councilman Wilson absent from the Council room at this time. MEETING RECESSED 3:40 P. M. - RECONVENED 9:00 P. M. UNFINISHED BUSINESS: FINAL APPROVAL AND RELEASE OF BUILDING PERMITS - BUNKER HILL TOWNHOUSES: It was moved by Councilman Frauenberger, seconded by Councilman McComb, that final approval be given to Bunker Hill Townhouses and building permits released. Motion passed 5 to 0. FINAL APPROVAL AND RELEASE OF BUILDING PERMITS - PARKVIEW SUBDIVISION. SECTION III: A letter dated March 24, 1980, from Malcolm Collins, City Engineer, was read into the records of the City Council. It was moved by Councilman McComb, seconded by Councilman Mack, that the City Council give final approval to Parkview Section III, and allow the City Manager to release building permits in said subdivision upon receipt of money due for street light and street signs. Motion passed 5 to 0. FIRST READING OF ORDINANCE NO. 312, AN ORDINANCE CREATING DEPARTMENTS IN THE CITY AS REQUESTED BY THE CITY MANAGER: This item passed until the next agenda. NEW BUSINESS: APPOINTMENT OF DR. ARMBRUSTER AS HEALTH OFFICER FOR THE CITY: It was moved by Councilman McComb, seconded by Councilwoman Coppinger that, Dr. Armbruster be appointed as Health Officer of the City of Pearland for a period of one year beginning April 16, 1980. Motion passed 5 to 0. M APPROVAL OF FINAL PLAT FOR CAPTAIN JACK ROBERTS' SUBDIVISION: It was moved by Councilman McComb, seconded by Councilman Wilson, that the preliminary plat of the Captain Jack Roberts Subdivision be approved. Motion passed 5 to 0. It was moved by Councilman McComb, seconded by Councilman Wilson, that the City Manager be authorized to issue a building permit for Captain Jack Roberts' building. Motion passed 5 to 0. The City Attorney advised everyone to be aware that this is a conditional permit. PRELIMINARY PLAT OF SOUTHWYCK SUBDIVISION: Planning and Transportation Director, Ron Wicker, advised that the Planning and Zoning Commission now recommends approval of the preliminary plat to the City Council. It was moved by Councilman Mack, seconded by Councilman Wilson, that the Pre- liminary Plat of Southwyck Subdivision be approved by the City Council. Motion passed 5 to 0. REVIEW OF BID NO. 680-2, PICK-UP TRUCKS: Bids received as follows: VENDOR AMOUNT Kliesing Motor Company $ 12,570.00 Gulf Coast Leasing 13,000.00 Urtley Motor Company 12,328.98 Port City Ford 12,920.00 Bud Brown Ford, Inc. 12,983.38 It was moved by Councilman Wilson, seconded by Councilman Mack, that the City accept the bid of Urtley Motor Company in the amount of $12,328.98, for two Ford pick-up trucks. Motion passed 4 to 0. Councilman McComb absent from the Council room at this time. RELEASE OF BUILDING PERMIT ON LOT LESS THAN ORIGINAL PLAT. LOT 1, BLOCK 5 IN CLEAR CREEK ESTATES: DEBORAH L. GARRETT: City Manager Wolff advised that Deborah L. Garrett has purchased Lot 1, Block 5 in Clear Creek Estates which is 5 feet less than the original lot. It was moved by Councilman Mack, seconded by Councilman Frauenberger that building permits be released on Lot 1, Block 5, Clear Creek Estates. Motion passed 5 to 0. CITY POLICY ON OPEN DITCH DRAINAGE ABUTTING NEW DEVELOPMENT: Mayor Reid advised that this item was placed on the agenda at the request of Councilwoman Coppinger and Councilman Wilson. Councilman Wilson stated the purpose of this item would be for commercial develop- ment, and would require drainage tile across the entire property to avoid unsight- ly trash, weeds, etc. He advised that the proper sizing would be by the City Engineer. A discussion was held regarding the size of the drainage tile, and after the discussion, a motion by Councilman Wilson, seconded by Councilwoman Coppinger, was made to require all developers of Commercial, Neighborhood Service, Office & professional, and General Business to tile across total frontage area of the property was withdrawn. The Mayor advised that a workshop would be held con- cerning this matter. REPORT BY PLANNING AND ZONING COMMISSION ON APPLICATION NO. 77, WILLIAM MURPHY, AGENT: Mayor Reid read a report from the Planning and Zoning Commission, dated March 20, 1980, wherein they recommended denial of this request. It was moved by Councilman McComb, seconded by Councilwoman Coppinger, that a Public Hearing before the City Council be held on April 14, 1980, under Docketed Public Hearings of the regular agenda. Motion passed 5 to 0. PUBLIC HEARINGS BEFORE THE PLANNING & ZONING COMMISSION: It was moved by Councilman Frauenberger, seconded by Councilman Mack, that Public Hearings before the Planning and Zoning Commission on Application 79, Belarbor Corporation, and Application 80, Aaron Pasternak, Trustee, be called for April 15, 1980. Motion passed 5 to 0. RESOLUTION NO. R80-9, A RESOLUTION APPROVING CLAIM AND AUTHORIZING THE ISSUANCE OF TIME WARRANTS TO COENCO, INC.: Resolution No. R80-9 read in full by Councilwoman Coppinger. It was moved by Councilwoman Coppinger, seconded by Councilman McComb, that Resolution No. R80-9 be passed and approved on first and only reading. Said Resolution No. R80-9 reads in caption as follows: RESOLUTION R80 - A RESOLUTION APPROVING CLAIM FOR PERSONAL SERVICES IN THE DEVELOPMENT OF A DRAINAGE STUDY FOR THE CITY OF PEARLAND, TEXAS: AUTHORIZING THE DELIVERY OF TIME WARRANTS FOR THE PAYMENT OF SUCH CLAIM: CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT AND PROVIDING THAT THIS RESOLUTION SHALL BE EFFECTIVE UPON AND AFTER ITS ADOPTION. Voting "Aye": Councilwoman Coppinger, Councilman Mack, Councilman Frauenberger, Councilman McComb, and Councilman Wilson. Voting ''No'' : None. Motion passed 5 to 0. OTHER BUSINESS: None. ADJOURN: Meeting adjourned at 10:10 P.M. Minutes approved as submitted and/or corrected this day of A. D., 1980. ATTEST: Mayor City Secretary