1980-04-28 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
HELD ON APRIL 28, 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
Tom Reid
Councilman
Dennis Frauenberger
Councilman
Charles R. Mack
1
Councilwoman
Fran Coppinger
Councilman
Carlton McComb
Councilman
Morris S. Wilson
City Manager
William E. Wolff
City Attorney
Bobby J. Williams
City Secretary
Dorothy L. Cook
INVOCATION AND PLEDGE OF ALLEGIANCE:
The invocation was given by Mayor Reid. The Pledge of Allegiance was led by City
Secretary Dorothy L. Cook.
APPROVAL OF MINUTES:
It was moved by Councilman Mack, seconded by Councilman Frauenberger that the_..
minutes of the regular meeting held on April 14,. 1980, at 7.:30 P. M.. be approved
as submitted. Motion passed 5 to 0.
MAYOR'S ACTIVITY REPORT:
Mayor Reid distributed Hurricane and Hazard Awarness maps and information sent
to him by A. R. (Babe) Schwartz.
Mayor Reid read a letter from the S. P. C. A. in Houston advising the City that
effective May 1, 1980, a charge of $5.00 would be made on each animal brought to
its facility.
Mayor Reid read a letter in response from City Manager Wolff advising that the
City would continue to use the facility and pay the $5.00 per animal. If
Mayor Reid asked the City Manager to review the procedures of the Humane Officer
and see if we can get more dogs off the street, and bring back recommendations
to the City Council.
Mayor Reid requested that an item be placed on the agenda of the next City Council,
meeting to review the working agreement with the City Engineer.
COUNCIL ACTIVITY REPORTS:
Councilman Wilson advised that we have received five proposals from Engineers on
the study for the overpass and he inquired as to when a workshop would be called
to review these proposals.
Mayor Reid stated that on the 19th. of May a joint workshop with the Planning
and zoning Commission would be held on the U. S. Homes petitions for formation
of the M. U. D. Districts, and this could be discussed at that time or at a
sooner date that the City Council would decide on.
Mayor Reid asked that the City Council advise him before the meeting was over
as to when they wished a workshop held.
Councilman Mack requested that the proposed subdivision ordinance be covered in
the joint workshop on May 19, 1980.
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Councilman McComb advised that he would have a report on an item.under New Business
covering the Woody Road and Corrigan Drive intersection.
DEPARTMENTAL REPORTS:
Ron Wicker advised that the tennis courts have been poured and invited the City
Council to come by and take a look at the progress being made. A discussion was
held regarding security at the park and the City Manager advised that a pipe has
been installed across the entrance to help secure the park at night.
CITIZENS:
Mr. John Pietsoh, 4004 Shadycrest Drive, Pearland, Texas, Mr. Pietsch appeared be-
fore the City Council to discuss the requirement of the City for obtaining a
building permit for home roof repairs where the work is done by the homeowner.
He asked the City Council to remove the word "repair" from Paragraph 105.1 of
the Building Code. This would permit homeowners to make repairs to their homes
without obtaining a building permit. Mayor Reid thanked Mr. Pietseh for appear-
ing and advised him that this would be reviewed.
Mr. Jerry Koza - 3310 Churchill Street, Pearland, Texas - Mr. Koza appeared
before the City Council regarding the planning use and development on Alice Street.
Mr. Koza operates a business on Alice Street. He asked what authority was given
the business located at the end of Alice Street to operate. City Manager Wolff
was requested to investigate the operation located at the end of Alice Street to
determine just what type operation is being conducted at this location.
Mr. Al Lentz - 5703 Rockland, Pearland, Texas - Mr. Lentz appeared before the
City Council to discuss the proposed Pearland Drainage Plan as submitted by the
City Engineer. Mr. Lentz stated that on March 10, 1980, the City Engineer sub-
mitted a drainage plan for the City and at that time the City Council indicated
that they would call a workshop to review the plan and proceed with the implementa-
tion of this program. Mr. Lentz stated that as a member of the committee tore -
view the plan, he felt that with a few minor modifications this will be a tremen-
dous relief to the flood prone areas of the City of Pearland. He advised that it
would not be totally relieved until the rectification of Clear Creek.
He urged the City Council to call a workshop as soon as possible on the review of
the Drainage Study, which would include members of the Drainage District.
DOCKETED PUBLIC HEARINGS: None
UNFINISHED BUSINESS:
ORDINANCE NO. 413, AN ORDINANCE FIXING AND ORDERING THE RATES TO BE CHARGED BY
ENTEX, INC:
Ordinance No. 413 read in caption by Mayor Reid. (Second Reading)
It was moved by Councilman Frauenberger, seconded by Councilwoman Coppinger that
Ordinance No. 413 be passed and approved on the second and final reading. Said
Ordinance No. 413 reads in caption as follows:
M
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" - Councilwoman Coppinger, Councilman Mack, Councilman Frauenberger,
Councilman McComb and Councilman Wilson.
Voting "No" - None
Motion passed 5 to 0.
NEW BUSINESS:
REQUEST BY CREEK SWIM CLUB FOR USE OF MUNICIPAL POOL:
Mr. Leroy Savoie, Chairman of the Parks and Beautification Board spoke before the
City Council regarding a request by the Creek Swim Club for use of the Municipal
Pool.
The Creek Swim Association is requesting permission to use the pool for three
weeks during May, beginning May 12th and ending May 30th. This request is for
week -day afternoons, beginning at 3:30 P. M. and ending at 6:30 P. M. to conduct
a Stroke and Conditioning Clinic. Also, they are requesting the use of the pool
for two competitive meets that will be held in the mornings on the dates of June
14th and June 28th from 7:00 A. M. to 2:00 P. M. As part of their condition for
use of the pool, they are requesting that we install some 25 meter lane hooks.
Mr. Savoie advised that the Parks and Beautification Board has met with this
group and discussed this matter.
Mr. Savoie recommended the approval of this request with the following restric-
tions;
(1.) That the Association work around a conflict in time during the month
of May with the YMCA.
(2.) That they be finished with their competitive meet by at least 12:30
P. M.
(3.) That the City be paid 25� per person for use of the Pool during the
Stroke and Conditioning Clinic and during the competitive meets.
Mr. Savoie stated that he felt the revenue from this would be $600.00 to $700.00,
and of this amount we would use $125.00 of this money to install the lane hooks.
The YMCA would be able to use these 25 meter lane hooks, also.
Councilman Wilson inquired as to the damage that might be done to the pool by
the installation of the hooks. Ron Wicker advised that he has talked with the
people that will install the hooks, and they advised that there would be no
structural damage to the pool in the installation.
It was moved by Councilwoman Coppinger, seconded by Councilman Wilson that the
Council grant permission for the Creek Community Swim Association to use the
Lions Club Community Pool on the following dates and with the following stipu-
lations:
(1.) May 12th though May 30th (afternoon schedules to be worked out, not
to conflict with YMCA).
(2.) June 14th and June 28th - to end at 12:30 P. M. and available for
competition swimming with rain -out dates.
(3.) 25� per person per day to be charged for the use of the pool.
(4.) That the Creek Community Swim Association furnish a Certificate of
Insurance stating liability coverage.
(5.) That the City Engineer check both the specifications and work for the
installation of the hooks.
a
Motion passed 5 to 0.
FINAL APPROVAL AND RELEASE OF BUILDING PERMITS ON PARKVIEW, SECTION I:
Councilman Mack read a letter dated 4-28-80 into the records from Malcolm Collins
wherein he advised that one item has not been resolved; and that is the sewer
line between Manhole 3 and Manhole 4 is 0.06% grade and it should be 0.14% grade.
He advised that he was told that this was done in order to get out of the wet
sand. He recommended that this line be removed and the accompanying line up-
stream from it, in order to correct this line to proper grade as required by
the ordinance.
A letter from Carl E. Wachtstetter, P. E. dated April 22, 1980 was read into the
records of the City. Mr. Wachtstetter advised that the sewer grades along Shady -
bend Drive are slightly less than the desired 0.14% grade. The grade from M. H.
1 to M. H. 2 is 0.12%, the grade from M. H. 3 to M. H. 2 is 0.10% grade and the
overall grade from M. H. 3 to M. H. 1 is 0.11%.
City Manager Wolff advised that at the time the line was being installed we were
dealing strickly with a judgment factor. This judgment had to be rendered at the
time the sand was encountered whether to go ahead and take a chance with a line
that would more than likely fail, or stay above it. Mr. Wolff stated that al-
though the line is less than the minimum, it is far.superior to having it the
required minimum in the wet ground.
It was moved by Councilman Wilson, seconded by Councilman McComb that the final
approval of Parkview Section I be granted with the condition that a three year
maintenance agreement on the line be given by the developer.
Motion passed 5 to 0.
A discussion was held by the City Council regarding granting variances to developers;
and City Attorney Bobby Williams advised that the new subdivision ordinances will
be drafted to comply with the provisions of the Home Rule Charter.
PURCHASE AND TRADE OF RIGHT OF WAY AT WOODY ROAD AND CORRIGAN DRIVE:
Councilman McComb stated that a verbal agreement has been reached with Mr. Barringer
in line with the deeds before the City Council for review.
MEETING RECESSED 8:50 P. M. - RECONVENED 9:05 P. M.
It was moved by Councilman McComb, seconded by Councilman Wilson that the Mayor
be authorized to execute the purchase and transfer documents submitted for Council
approval subject to the following conditions:
1. Approval of the Title Report by the City Attorney.
2. Approval of the purchase and transfer documents by Mr. Barringer and
execution of the same.
3. Commitment for the Title Policy by seller to purchaser; and that the
funding be made from the appropriate bond fund.
Motion passed 5 to 0.
�... APPROVAL BY CITY COUNCIL FOR OFFER OF PURCHASE OF RIGHT OF WAY ON OLD ALVIN ROAD
AND JOHN LIZER ROAD:
City Manager Wolff advised that we have obtained an appraisal of the property
involved in the improvement of this intersection.
It was moved by Councilman Mack, seconded by Councilman Wilson that Council-
woman Coppinger be given the authority to discuss the purchase of right of way
on Old Alvin Road and John Lizer Road with the property owners and for no more
than the appraised value.
?0
Motion passed 5 to 0.
OTHER BUSINESS:
None
ADJOURN:
Meeting adjourned at 9:15 P. M.
Minutes approved as read and/or corrected this the ,g day of
A. D. 1980.ol
ATTEST:
Mayor