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1980-04-14 CITY COUNCIL REGULAR MEETING MINUTESNJ MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 14, 1980, AT 7:35 P. M. IN THE CITY HALL, 2335 N..TEXAS AVENUE, PEARLAND, TEXAS. The meeting was called to order with the following.present: Mayor. Tom Reid Mayor Pro Tem Councilman Dennis Frauenberger Councilman Charles R. Mack Councilwoman Fran Coppinger Councilman Carlton McComb Councilman Morris S. Wilson City Manager William E. Wolff City Attorney Bobby J. Williams City Secretary Dorothy Cook INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Ms. Theta Cessac. The Pledge of Allegiance was led by Ms. Margaret Kemp, President-elect of the League of Women Voters. APPROVAL OF MINUTES: It was moved by Councilman Frauenberger, seconded by Councilman Mack that the minutes of the special meeting held on March 17, 1980, the regular meeting held on March 24, 1980 and the special meeting held on April 7, 1980, be approved as submitted. Motion passed 5 to 0. r„ MAYOR'S ACTIVITY REPORT: Mayor Reid introduced Ms. Betty Clemens, President of The League of Women Voters. Ms. Clemens outlined the purposes and activities of the League. She introduced the following members of the League of Women Voters: Ms. Margaret Kemp, President- elect, Ms. Theta Cessac, Ms. Mary Stanford, Membership Chairman, Frances Matchett, Treasurer, Inez Farmer, Treasurer -elect, Cathy Akers, Mac Bost and Councilwoman Coppinger. Mayor Reid advised that he proclaimed the week of April 14, 1980 as "League of Women Voter's Week in Pearland." Mayor Reid proclaimed the week of April 20, 1980 through April 26, 1980, as "Week of The Young Child in Pearland". This Proclamation received by Karen Ramp, Alvin Community College student. • Mayor Reid proclaimed the month of April as "Cancer Control Month" in the City of Pearland. Mrs. Peggy Shup of the North Brazoria County Cancer Society received the Proclamation. COUNCIL ACTIVITY REPORTS: Councilwoman Coppinger reported on the revised Clear Creek project by the Corps of Engineers. She advised that the Corp did their cost benefit studies on the 25 year channelization with 100 year buy-out and this was marginal. They are now looking at a 10 year plan. This work would start west of Pearland and would go to Interstate 45. She advised that we would be getting more details on this. Ron Wicker advised that the plan the Corps proposed is based on a cost benefit ratio and it was interesting to see that there is very little difference, to Pearland, of the cost ratio of a ten year channel with 100 year control as opposed to 25 year channel with 100 year control. DEPARTMENTAL REPORTS: City Manager Wolff advised that during the past week the Brookland Acres water system was tied onto the municipal supply. We are also extending some service to people along Woody Road now on private wells. City Attorney Bobby Williams asked the Mayor to appoint a committee to work on the Petitions for creation of Municipal Utility Districts by U. S. Homes. COMMITTEE REPORT: (Councilman Wilson and Ron Wicker) Ron Wicker reported that committee has now obtained proposals from various engineering firms for an elevated grade crossing over the railroad in Pearland. He advised that five proposals have been submitted for Council consideration. Ron Wicker suggested that sometime in the future, a workshop be called to review these proposals. Mayor Reid asked that copies be sent to the City Council, and a workshop will be called at a later date. CITIZENS: None DOCKETED PUBLIC HEARINGS: No. 1 - Entex, Inc. - Request for Change in Rates for gas and gas services on residential and small commercial customers. PERSONS WISHING TO SPEAK FOR THE PROPOSED INCREASE: Lee Sims, representing Entex, Inc. stated that this was a cost of service increase. This cost of service represents Entex, Inc. increase in operating expenses for the calendar year 1979, over calendar year 1978. It does not include any capital expenses or interest costs. This increase would amount to 17� per customer, per bill. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: Jack Dempsey, 1702 Willits Drive - Mr. Dempsey posed a question on the cost of this increase and he was advised that it would be 17� per bill. Ms. Theta Cessac - Ms. Cessac asked if the City Council failed to grant this increase if some other method would'be used for obtaining the increase. Ms. Bernadine Robinson - 1802 Cripple Creek - Ms. Robinson inquired if this increase was retroactive. QUESTION AND ANSWER PERIOD: Mr. Sims, in answer to a question posed earlier, stated that if the City Council did not take any action, this increase, under State Law, would go into effect in 35 days. Mr. Sims, in answer to a question posed earlier, stated that the rate was not retroactive. They are asking that this be effective May 1, 1980. City Attorney Bobby Williams advised that, if this increase was not granted, the company could come back with a general rate increase, or appeal to the P.U.C. or Railroad Commission. ADJOURN HEARING: PUBLIC HEARING NO. 2: PURPOSE: Application No. 77, William E. Murphy, Agent - Request for change in zoning from PU to Plan Approval on 9.9978 acres, being Lot 24 of the Jenkins Subdivision in the W.D.C. Hall League, Abstract 70, Brazoria County, Texas. (Low density Town- house Development) Councilman McComb questioned the procedure used in this request since he felt that a request for Plan Approval must have a comprehensive site plan for the section proposed to be developed, and must be submitted to the Planning and Zoning Commission for approval. A discussion was held between members of the City Council and Mr. Murphy regarding various aspects of this request including the difference of opinion on how a request for Plan Approval should be pursued. Mr. Murphy asked for time to discuss his side of the question. He was granted this time and dis- cussed the content of the petition signed by area residents and submitted at the Planning and Zoning Commission. Hearing. He stated that he visited with a few people whose name appeared on the petition. He discussed drainage, and other matters related to the development of a low density townhouse development. He asked that a letter dated April 11, 1980, from Workman Realty, Inc. and signed by Caryl A. Buckholt, Broker, be read into the records. This letter was read into the records by Councilman Frauenberger. City Attorney Bobby Williams advised the City Council that Mr. Murphy was entitled to a full hearing, if he so desired. Mayor Reid asked Mr. Murphy if he desired a Public Hearing on this Application; and Mr. Murphy asked for a recess so he could consult with the owner. MEETING RECESSED 8:15 P. M. - RECONVENED AT 8:30 P. M. Mayor Reid advised that Mr. Murphy requested this matter be referred back to the Planning and Zoning Commission for evaluation and consideration. CHANGE IN ORDER OF BUSINESS: NEW BUSINESS: ORDINANCE NO. 413, AN ORDINANCE OF THE CITY OF PEARLAND FIXING AND ORDERING RATES TO BE CHARGED BY ENTEX, INC. Ordinance No. 413 read in full by Councilman Frauenberger. (First Reading) It was moved by Councilman McComb, seconded by Councilman Frauenberger that Ordinance No. 413 be passed and approved on first of two readings. Said Ordinance No. 413 reads in caption as follows: ORDINANCE NO. 413 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, ESTAB- LISHING THE EFFECTIVE DATE, REPEALING ALL ORDINANCES IN.CONFLICT HEREWITH AND PROVID- ING FOR SEVERABILITY. Voting "Aye": Councilman Wilson, Councilman McComb, Councilman Frauenberger, Councilwoman Coppinger and Councilman Mack. Voting "No" : None. Motion Passed 5 to 0. REVIEW OF PLANS AND SPECIFICATIONS FOR STREET IMPROVEMENT - OLD ALVIN ROAD FROM ORANGE TO KNAPP ROAD AND AUTHORIZATION TO BID PROJECT: City Engineer Malcolm Collins submitted Plans and Specifications for the street improvement of Old Alvin Road from Orange to Knapp Road. He advised that this would be open ditch type with lime treated subgrade, flexible base with 1z inches of asphalt, and 24 feet of pavement on 27 feet of grade. The Council reviewed these plans and the following motion as made: It was moved by Councilman McComb, seconded by Councilman Wilson that the street project of Old Alvin Road from Orange Street to Knapp Road and a portion of Knapp Road, be bid and that the bids be opened on May 23, 1980, 12:00 Noon, for presenta- tion to the City Council at the next regular meeting after this date. Motion passed 5 to 0. City Manager Wolff advised that he was requesting the engineer to expedite the portion of Knapp Road involved in the project as the people in this area have been waiting a long time to have this completed. ENGINEERING ESTIMATES ON BOND PROJECTS: " It was moved by Councilwoman Coppinger, seconded by Councilman Wilson that Engineers's Monthly Estimate No. 1, Street Improvements on Mykawa Road by Ables Services in the amount of $61,236.00 be approved; Engineer's Monthly Estimate No. 1, Water Main Construction on Old Alvin Road by Ben Felts Utility Contracting Company, in the amount of $39,745.55 be approved; Engineer's Monthly Estimate No. 14, Wastewater Treatment Facilities, by Lem Construction Company in the amount of $124,420.22 be approved; Engineer's Monthly Estimate No. 1, Sewage Collection System Rehabilitation by Bellewood Construction Company be approved; and Engineer's Final Statement for Water Main Construction on Scott, Comal and Woody in the amount of $16,423.86 be approved. All of these are to be paid from the appropriate bond funds. Motion passed 5 to 0. CHANGE IN ORDER OF BUSINESS: UNFINISHED BUSINESS: FIRST READING OF ORDINANCE NO. 412, AN ORDINANCE CREATING DEPARTMENTS IN THE CITY AS REQUESTED BY THE CITY MANAGER: This item not ready. REQUEST FOR DIVISION OF LOT 5 IN SHADYCREST SUBDIVISION BY V. M. CURRY: City Attorney Bobby Williams, in a memo to the City Council, advised he reviewed the restriction covenants of Shadycrest Subdivision on file with the City and found no prohibitation to the dividing of this lot, however, he advised the size, in order to comply with the zoning requirements and any easements affected, should be reviewed. Ron Wicker stated that the remaining size of Lot 5 would comply with the require- ments of R-1 zoning. It was moved by Councilman McComb, seconded by Councilwoman Coppinger that the request of V. M. Curry to sell 105 feet frontage of Lot No. 5, Block 16 be granted. Motion passed 4 to 1. Councilman Wilson opposed. PETITIONS FROM U. S. HOME OF TEXAS LAND, INC. FOR CONSENT TO THE CREATION OF MUNICIPAL UTILITY DISTRICTS NO. 4 AND 5: Mayor Reid appointed the following committee to review these petitions: Richard Tetens, Chairman of the Planning and Zoning Commission Malcolm Collins, City Engineer Ron Wicker, Planning Director Bobby Williams, City Attorney Morris Wilson, Councilman Charles Mack, Councilman and serving as Chairman of this Committee. 13 APPROVAL OF SERIAL NUMBERS ON BALLOTS TO BE USED IN RUN-OFF ELECTION: It was moved by Councilwoman Coppinger, seconded by Councilman McComb that the Serial Numbers on the ballots to be used in the run-off election to be held on May 10, 1980 be approved, being numbers 124001 through 124250 inclusive to be used in absentee voting, and numbers 124251 through 126500 inclusive be used for the regular election. Motion passed 5 to 0. RESOLUTION R80-10, A RESOLUTION APPROVING CLAIM NO. 2 TO SUPERIOR SOUTHWEST, INC. FOR 1 CHASSIS AND REMOUNT AND REFURBISHING MODULE, AND AUTHORIZING TIME WARRANTS: Resolution R80-10 read in full by Councilman Wilson. It was moved by Councilman Wilson, seconded by Councilman Frauenberger that Resolution No. R80-10 be passed and approved on first and only reading: Said Resolution reads as follows: RESOLUTION NO. R80-10 - A A RESOLUTION APPROVING CLAIM NO. 2 TO SUPERIOR SOUTHWEST, INC. FOR ONE 1979 CHEVROLET CHASSIS AND REMOUNT AND REFURBISHING OF MODULE 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. WHEREAS, the City Council of the City of Pearland,.Texas, passed and approved Ordinance No. 400 on the 23rd day of July, 1979, authorizing the issu- ance of the City of Pearland Emergency Medical Service Time Warrants, Series 1979, in the principal sum of $50,000.00 for the purpose of evidencing the indebtedness of the said City for all or any part of the cost of two cabs and chassis, modular ambulance body, and remount of ambulance body, and WHEREAS, Claim No. 2 for the cost of one chassis and modulance body (complete unit) has been submitted by Superior Southwest, Inc. as follows: MFC 1506 1979 CHEVROLET MODULANCE $12,076.00 CCS339B163547 REMOUNT AND REFURBISHING $ 3,037.37 $15,113.37 WHEREAS, Claim No. 2 of Superior Southwest, Inc. mentioned above is attached hereto as "Exhibit A" and made a part hereof as if fully written herein, and WHEREAS, the claim "Exhibit A" has been approved by the City Manager, William E. Wolff, of the City of Pearland, Texas, and this City Council affirmatively finds that the City of Pearland has actually received the full benefit arising from said claim and the full extent of the Time Warrants which are hereinafter authorized to be delivered to evidence the indebtedness of the City on such claim, and WHEREAS, no person, firm, corporation or trust estate has given notice in writing, or otherwise to said City, or to any official thereof of any lien for any material, appurtenances, fixtures, machinery, or labor furnished by said Vendor as provided in Chapter 17, Acts of the 39th legislature (Article 5472a V.A.T.S.), or any other law; and further, the City of Pearland does not hold a claim of any kind or character which might be properly charged or interposed as an offset or counterclaim to the payment of said claim, and WHEREAS, it was provided in said ordinance adopted on the 23rd day of July, 1979, that payment for said contract of said claim should be made by issuance of Time Warrants hereinabove mentioned, and WHEREAS, the City Council wishes to approve said claim and to authorize the payment thereof by issuance and delivery of said Time Warrants mentioned above in �.•. the aggregate amount of $15,000,00, leaving an additional $113.37 to be paid by the City by check. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: I. That the statements and recitations contained in the preamble of this Resolution are hereby affirmatively found to be true and correct. II. That said claim mentioned in the preamble of this Resolution and set forth in "Exhibit A" in the amount of $15,113.37, shall be, and the same is hereby approved and allowed, and the City of Pearland hereby acknowledges receipt of the full benefits represented by said claim to the full extent of the City's Time Warrants to be delivered as hereinafter provided. E III. That it is hereby affirmatively found and declared that the City of Pearland has received full benefit for merchandise of said claim and account, as shown on "Exhibit A", to the full extent thereof, and to the full amount of the Time Warrants authorized hereinafter in the Resolution to be delivered. IV. That there shall be executed and delivered to said Superior Southwest, Inc., Warrant Nos. 7 through 9 in the denomination of $5,000.00 each, of the City of Pearland Emergency Medical Service Time Warrants, Series 1979, and the sum of $113.37 shall be paid to the said Superior Southwest, Inc. by check from the City of Pearland. V. That the Mayor and City Secretary are hereby authorized and directed to execute and deliver said Warrants above mentioned, and to do any and all other things necessary and convenient to carry out the terms of this Resolution. VI. That this Resolution shall take effect from and after its passage. PASSED AND APPROVED THIS DAY OF , A.D., 1980. Tom Reid, Mayor ATTEST: Dorothy L. Cook, City Secretary Voting "Aye" - Councilman Wilson, Councilman Frauenberger, Councilman Mack and Councilwoman Coppinger. Voting "No" - None Motion passed 4 to 0. Councilman McComb absent at this time. REVIEW OF BIDS RECEIVED ON BID NO. B80-3, FLEXIBLE BASE MATERIAL FOR STREETS AND POSSIBLE AWARD OF BIDS: The following bid was received from Parker Brothers: T. H. D. Item 249 Type A Grade 3 (Limestone) Normal Moisture $10.97 Net Per Ton T. H. D. Item 249 Type B Grade 3 (Road Gravel) Normal Moisture $10.97 Net Per Ton 1. The above prices are firm through December 31, 1980, except as noted otherwise. Effective January 1, 1981 all prices will be increased by 7% and an additional 7% each 6 months thereafter. 2. In addition to note one the above price on limestone is quoted plus future railroad freight increases which will be added to this price as they become effective. It was moved by Councilman Wilson, seconded by Councilman Mack that B80-3 be awarded to Parker Brothers, Inc. for the sum of $10.97 Net Per Ton. Motion passed 4 to 0. Councilman McComb absent at this time. RESOLUTION NO. R80-11, A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AGREEMENT WITH HOUSTON AND HARRIS COUNTY FOR MUTUAL AID FIRE PROTECTION: Resolution No. R80-11 read by Councilman Mack. It was moved by Councilman Mack, seconded by Councilman Frauenberger that Resolution No. R80-11 be passed and approved on first and only reading. Said Resolution No. R80-11 reads in caption as follows: r"` 15 RESOLUTION R80-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY OF PEARLAND AND THE CITY OF HOUSTON AND HARRIS COUNTY RE- GARDING MUTUAL AID FIRE PROTECTION. Voting "Aye": Councilman Wilson, Councilman Frauenberger, Councilman Mack and Councilwoman Coppinger. Voting "No ": None Motion passed 4 to 0. Councilman McComb absent at this time. PUBLIC HEARINGS BEFORE THE PLANNING AND ZONING COMMISSION: It was moved by Councilman Wilson, seconded by Councilman Frauenberger that a Public Hearing be called before the Planning and Zoning Commission on Applica- tion 78 (Amended), Alta Carbone (GB to OP) and Application 81, Lillie Ruiz and Wayne Miller (MF to GB) for 7:30 P. M. on May 6, 1980. Motion passed 4 to 0. Councilman McComb absent at this time. OTHER BUSINESS: None ADJOURN: Meeting adjourned 10:05 P. M. Minutes approved as submitted and/or corrected this day of , A. D. 1980. ATTEST: City Secretary Mayor