1980-05-12 CITY COUNCIL REGULAR MEETING MINUTES21
MINUTES OF. A REGULAR MEETING OF':'THE:: CITY COUNCIL `,9F_ :THE CITY OF :PEARLAND, TEXAS,
HELD ON MAY 12, 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
Councilwoman Fran Coppinger
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 Eva4 Middleton. The Pledge of Allegiance was led by
City Manager William E. Wolff.
APPROVAL OF MINUTES:
It was moved by Councilman Wilson, seconded by.Councilman Mack that the minutes
of the regular meeting held on April 28, 1980, at 7:30 P. M. be approved as sub-
mitted.
Motion passed 5 to 0.
MAYOR'S ACTIVITY REPORT:
MR. JOHN MUNCH, ASSISTANT FIRE CHIEF OF THE PEARLAND VOLUNTEER FIRE DEPARTMENT
discussed the workings of our Fire Department. His report indicated that in
the first four months of this year they have had 143 calls; 66 were emergency
team runs by our 10 man team trained in emergency medical care and use of rescue
equipment. This crew goes along with the ambulance on calls for heart attacks
with C.P.R. cases. They also make all auto accidents, both inside and outside
the City.
The members train twice a month, 3 hours a night as required by the State Board
of Insurance. In addition, they send people once a year to a week long school at
Texas A. & M. University, and twice a year locally,in conjunction with Harris and
Brazoria Counties at which we furnish instructorsand students.
The Members, in addition to the training, maintain ten pieces of equipment. The
Fire Department operates on two sources of income. One being the City Budget
($40,000.00) and second, donations by the citizens ($20,000.00). Without the
funds from the City, which makes up most of the Fire Department money they could
not operate effectively.
Mr. Munch invited anyone interested)in joining the Fire Department to talk to
him, or come by the Station on Monday nights.
MR. CHARLES RADCLIFFE OF THE HOUSTON FIRE DEPARTMENT,explained the Mutual Aid
Fire Protection Program which will provide protection for the firemen of Harris
County called to help out in Pearland, and any firemen of Pearland called into
Houston or Harris County.
The Council had previously approved the signing of the Mutual Aid Agreement.
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Mayor Reid acknowledged the recent death of citizen Sonny Tobias. He paid tribute
to his acts of kindness to -the children of the community. He also made note of
Mr. Tobias's contribution as past president of the Corrigan Civic Club.
COUNCIL ACTIVITY REPORTS:
FIRE LANE ORDINANCE:
Councilman Carlton McComb asked that the Council meet to discuss the Fire Lane
Ordinance at City Hall on May 24, 1980 at 10:00 A. M.
DEPARTMENTAL REPORTS:
City Attorney Bobby Williams requested that his meeting with the M.U.D.
Committee on May 20th., 1980 at 7:30 P. M. at City Hall be confirmed.
CITIZENS:
MR. FRANK TOUSINAU - 3215 Broadway, Suite #9, Houston, Texas - presented a
petition for the naming of the new street being constructed to extend Old Alvin
Road from Orange Street to Knapp Road. Mayor Reid advised that the petition
would be submitted to the Planning Office, and that the Council appreciated his
interest and would take his suggestions into consideration.
MR. TOBY S. LYTLE - 2109 Old Alvin Road, Pearland - presented a petition re-
questing that when the City names the new street between Orange Street and Knapp
Road, the street not have two names, and that the citizens be consulted. He
requested that the name be the same from Knapp Road to Main Street, and that
cosideration be given to the problems that will occur to the citizens already
living on Old Alvin Road if the street name is changed. He stated that re-
naming Old Alvin Road would mean an address change for homeowners and busi-
nesses now existing on Old Alvin Road, and that changing the name on street
maps could take as long as five years.
MR. ROGER D. HENDRICKS - 512 Avondale, Friendswood - requested that the Council
consider releasing two single family detached building permits for a one acre
tract on Yost Road. Each resulting home site would be over 21,000 square feet,
and have frontage of 109.76 feet and depth of 198.44 feet. He stated that the
owner, Thomas Offenburger, has personally contacted all adjacent homeowners,
and that the majority responded favorably to the proposal. It is a one (1)
acre track on metes and bounds, and Tom Offenburger would like to split the
property.
Mayor Reid requested that Mr. Wolff look into the matter and advise the Council
of his findings.
Councilman McComb stated that it would be appropriate that, before the Council
takes action on this matter, requests in writing be submitted to the Council
from each of the involved property owners.
MR. HOMER COMEAU - 12700 Mykawa Road, Brookside - addressed the Council
alleging damages to his property due to the construction being done on Mykawa
Road. He stated that the construction on Mykawa Road has caused flooding of
his property.
Mr. Wolff stated that the elevation of the road had been raised 3� to 4 feet,
but that the flooding was investigated, and that the problem was found to be a
storm sewer pipe.
Mayor Reid asked that Mr. Wolff investigate the problem further, and report his
findings to the Council at the next meeting.
DOCKETED PUBLIC HEARINGS:
None
UNFINISHED BUSINESS:
RESOLUTION R80-12: A RESOLUTION AND ORDER DECLARING THE RESULT OF THE CITY OFFICERS'
RUNOFF ELECTION HELD ON MAY 10, 1980:
�. Mayor Reid read a written request given to him by Dennis Frauenberger requesting
a Post-election examination of program and a recount of votes pursuant to Article
7.15 Subdivision 23 of the Election Code of the State of Texas.
Councilman Frauenberger requested the following:
1. Permission to examine the program used in counting the ballots in
the Pearland City Council race Position 1 held on the 10thdayof
May, 1980; and
2. Permission to examine the materials used in making the test count;
and
3. Permission to make a recount of the test count, using the program
and the test materials; and
4. A recount of the ballots for all of the election precincts within
the City of Pearland, Texas, using the same methods and materials
as used in the original count held on the 10th day of May, 1980.
A copy of the request was also handed to Mr. Al Lentz.
City Attorney Bobby J. Williams stated that Article 7.15 Subdivision 23 of the
Election Code of the State of Texas is a fairly recent statute; and that it came
� into being when the electronic voting procedure was started. He said it simply
calls for the Mayor to delay the canvassing of the votes subject to the recount
approved by the District Judge.
RECESS:
Meeting recessed at 8:30 P. M. - reconvened at 8:50 P. M.
Mayor Reid read a letter from Morris S. Wilson in which he also asked for a recount.
A copy of the letter was given to Terry Gray.
It was moved by Councilman Wilson, seconded by Councilman McComb, that the City
Council postpone the canvassing of the results of the City Runoff Election held
on May 10, 1980, until a recount has been duly performed for both candidates
Morris Wilson and Dennis Frauenberger as formally requested. Therefore let the
Council conduct, until this has been recounted, as a three member Council.
Motion passed 5 to 0.
It was moved by Councilman McComb, seconded by Councilman Mack that the Mayor
be given the authority to call a special emergency meeting immediately upon re-
ceiving the results of the recount.
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Motion passed 3 to 0. Councilman Wilson &Councilman Frauenberger abstained.
NEW BUSINESS:
CONSIDERATION AND POSSIBLE ACTION: ARBITRATION SETTLEMENT ON THE CONTRACT WITH
INTERURBAN PIPELINES, INC.:
This item passed until the next regular agenda.
CONSIDERATION AND POSSIBLE ACTION: APPROVAL OF THE FOLLOWING ESTIMATES:
(a,) Ben Felts Utility Contractors - Engineering Estimate No. 2
for Water Main on Old Alvin Road to Knapp ....... $41,537.04
(b.) Bellwood Construction Company - Engineering Estimate No. 2
for rehabilitation to Sanitary Sewer System.... $135,402-09
(c.) Lem Construction Company - Engineering Estimate No. 15 for
Wastewater Treatment Plants No. 2 & No. 3.......$62,755.57
(d.) Able Services, Inc. - Engineering Estimate No. 2 for Road
Construction on Mykawa Road ....................$143,054.10
(e.) Interurban Pipelines, Inc. - Final Statement for Force
Main Construction on Pearland Sites Road ......... $9,846.96
It was moved by Councilman Mack, .seconded by Councilman McComb that all five
Estimates be approved for payment with appropriate bond funds.
Motion passed 3 to 0. Councilman Wilson and Councilman Frauenberger abstained.
CONSIDERATION AND POSSIBLE ACTION - CHANGING OF LAST REGULAR MEETING DATE IN
MAY DUE TO THE MEMORIAL DAY HOLIDAY:
It was moved by Councilwoman Coppinger, seconded by Councilman McComb that the
last regular meeting date in May, which would have been scheduled for May 26,
1980, be moved to Tuesday, May 27, 1980.
Motion passed 3 to 0. Councilman Wilson and Councilman Frauenberger abstained.
CONSIDERATION AND POSSIBLE ACTION - AWARD OF BID FOR SURFACING OF TENNIS COURTS:
Councilman Mack read the recommendation from Ron Wicker that Teni-Trak, Inc. be
awarded the bid for surfacing the tennis courts in Independence Park for
$11,662.50.
It was moved by Councilman Mack, seconded by Councilman McComb that Teni-Trak,
Inc. be awarded the bid of $11,662.50 for surfacing the tennis courts at Inde-
pendence Park, and that the Mayor be authorized to sign the contract.
Motion passed 3 to 0. Councilman Frauenberger and Councilman Wilson abstained.
CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF PAYMENT TO TENI-TEAK, INC. IN
THE AMOUNT OF $24,488.30 FOR WORK ON TENNIS COURTS:
Councilman McComb read a letter from Ron Wicker on Payment for labor for court
finishing on Independence Park Tennis Courts by Teni-Trak, Inc., in which he
recommended payment in the amount of $24,488.30. This would be charged to the
Tennis Court Construction Fund.
It was moved by Councilman McComb, seconded by Councilwoman Coppinger that
$24,488.30, less 10% which would be retained for 30 days, be authorized for
payment, and that the money be taken out of the Tennis Court Construction Fund.
Motion passed 3 to 0. Councilman Wilson and Councilman Frauenberger abstained.
CONSIDERATION AND POSSIBLE ACTION - FINAL PLAT OF WILLOWICK SUBDIVISION: The Mayor
react a letter from the Planning and Zoning Commission into the records.
It was moved by Councilman Mack, seconded by Councilman McComb that the final
plat of the Willowick Subdivision be approved.
Motion passed 2 to 1.
Councilwoman Fran Coppinger opposed. Councilman Wilson & Councilman Frauenberger
abstained.
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CONSIDERATION AND POSSIBLE ACTION - RESUBDIVISION OF WEST FRIENDSWOOD SUBDIVISION:
Mayor Reid read letter from the Planning and Zoning Commission into the records.
It was moved by Councilman McComb, seconded by Councilman Mack that the final plat
of the Resubdivision of Tract 14 & the S.W. 260 feet of Track 15 of the West
Friendswood Subdivision be approved.
Motion passed 2 to 1. Councilwoman Coppinger opposed.
Councilman Wilson and Councilman Frauenberger abstained.
I—
CONSIDERATION AND POSSIBLE ACTION - REPORT FROM THE PLANNING AND ZONING COMMISSION,
AND CALL OF PUBLIC HEARING BEFORE THE CITY COUNCIL ON THE FOLLOWING LAND USE CHANGE
APPLICATIONS:
(a.) Application 78 - Alta Carbone, Agent -
(GB to OP)
(b.) Application 79 - C.A. Murry, dba Belarbor
Corporation. (NS to MF)
(c.) Application 80 - Aaron Pasternak, Trustee.
(PU to PA)
Mayor Reid read a letter from the Planning and Zoning Commission into the records
concerning each application which was recommended for approval.
It was moved by Councilwoman Coppinger, seconded by Councilman McComb that the
report from the Planning and Zoning.Commission be received into the records, and
that a public hearing be called before the City Council on Application 78 (Amended),
Application 79 and Application 80 on June 9th, 1980.
Motion passed 3 to 0. Councilman Wilson and Councilman Frauenberger abstaining.
i CONSIDERATION AND POSSIBLE ACTION - RATIFICATION OF APPOINTMENT OF ASSISTANT CITY
SECRETARY:
v
Mr. Wolff said that with the resignation of Mrs. Gunthrie, and Lorretta Bonin,
and with the scheduled vacation of both Mrs. Cook and Mrs. Thompson, we are in
need of another backup for Assistant City Secretary. He said that Mrs. Barbara
J. Lenamon has the qualifications needed to carry on the office in the absence
of Mrs. Cook, and that he recommended her confirmation as Assistant City Secretary.
It was moved by Councilman McComb, seconded by Councilwoman Coppinger that Mrs.
Barbara J. Lenamon be named Assistant City Secretary for the City of Pearland,
effective immediately.
Motion passed 3 to 0. Councilman Wilson and Councilman Frauenberger abstaining.
CONSIDERATION AND POSSIBLE ACTION - APPOINTMENT OF THREE POSITIONS ON THE PLANNING
AND ZONING COMMISSION:
It was moved by Councilman McComb, seconded by Councilman Mack that Mr. C. B.
Starns Jr., Mr. Richard Tetens, and Mr. Mike Coppinger be reappointed to the
Planning and Zoning Commission for the City of Pearland for the full three year
f term.
Motion passed 3 to 0. Councilman Wilson and Councilman Frauenberger abstained.
ADJOURNMENT:
Meeting adjourned at 9:30 P. M.
Minutes approved as read and/or corrected this the :9�7 day of A. D. 1980.
ATTEST: Mayor
City Secretary