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1980-06-09 CITY COUNCIL REGULAR MEETING MINUTESREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JUNE 9, 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/Mayor Pro Tem Councilman Councilwoman Councilman Councilman City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: Tom Reid Charles R. Mack Al Lentz Fran Coppinger Carlton McComb (Entered 9:30 P. M.) Terry Gray William E. Wolff Bobby J. Williams Dorothy L. Cook The invocation was given by former Councilman Gene Sanders. The Pledge of Allegiance was led by Councilman Mack. APPROVAL OF MINUTES: It was moved by Councilman Gray, seconded by Councilman Lentz that the minutes of the regular meeting held on May 27, 1980, be approved as submitted. Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid advised that, with Council concurrence, he would place an item on the agenda of the next meeting commending the Pearland High School Baseball Team for winning the State Title. He advised that he would like to present this on July 14, 1980, the night designated as "Pearland Night at the Astrodome". Mayor Reid advised that in a Press Conference held on June 4, 1980, he issued a Proclamation designating July 14, 1980, as "Pearland Night at the Astrodome" and part of the proceeds from tickets sold in the Pearland area would go to P.A.Y.D.I.R.T. Mayor Reid advised that he would have an item on the next agenda requesting the City Council to reschedule the first meeting in July to July 15th, 1980, so that all members could attend the game. Mayor Reid asked Councilman Gray to be the recipient of input from all of the Council on the following: 1. Capital Improvement Projects. 2. City Needs. (Actions by the City Council to help us form guidelines for the coming year) COUNCIL ACTIVITY REPORTS: i Councilman Gray stated that we had a girls', basketball team that won second place in the State and he felt some recognition should also be given to them. Councilwoman Coppinger reported that she was appointed sometime ago to work on a list of historical places in the City. This was in conjunction with a program by the H.G.A.C., Texas Historical Commission and Brazoria County Historical Commission. 33 Councilwoman Coppinger reported that with the aid of Mrs. Josie Heflin, a list of 35 places have been included instead of the two originally designated in the report by the Brazoria County Historical Commission. She advised that she was now ready to submit the list. Mrs. Heflin was recognized and spoke briefly of the City's past history. DEPARTMENTAL REPORTS: Planning Director Ron Wicker advised that the tennis courts are now surfaced and within the week should be in use. rTTT7FATC . Thomas G. Rives signed to appear before the City Council, however, he was not pre- sent at the meeting. DOCKETED PUBLIC HEARINGS: 1. LAND USE CHANGE - APPLICATION 78 (AMENDED) Joyce McCormack - Alta Carbone, Agent GB to OP (Lots 29-32 Old Townsite, Pearland, Texas). PERSONS WISHING TO SPEAK ON BEHALF OF THE PROPOSED CHANGE: Mrs. Barbara Lenamon advised that as owner of neighboring property, she had no objec- tion to this request. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: None. QUESTION AND ANSWER PERIOD: The question arose as to why the request for Office and Professional was made, and, Ron Wicker advised that the Planning & Zoning Commission felt OP was a more compati- ble classification to the surrounding GB area. The OP classification permits the owner to construct a duplex which is the intended use of the property. HEARING ADJOURNED 2. LAND USE CHANGE - APPLICATION 79 C. A. Murray, Belarbor Corporation NS to MF (Lots 1-4, 45-48, Block A and Lots 1-4, 45-48, Block I, Pearland Townsite) PERSONS WISHING TO SPEAK ON BEHALF OF THE PROPOSED CHANGE: None PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: Mr. and Mrs. Bertie K. Fiedler, 330 Plymouth, Houston, Texas, advised that they owned the lots across the street from this property in Block B, which are zoned Neighbor- hood Service, and they felt that this change would hurt the sale of their property. QUESTION.AND ANSWER PERIOD: Under questions and answers it was brought out that this is compatible zoning since the property is adjacent to a Multi -family area, and it is the desire of Mr. Murray to utilize the property by building small homes similar to those now adjacent to said property. M 3. LAND USE CHANGE - APPLICATION 80 Aaron Pasternak, Trustee PU to PA - (Patio Homes & Townhouses) Tract #1 - 6.875 acres - T.J. Green Survey, Abstract 198 Tract #2 -13.699 acres - W.D.C. Hall Survey, Abstract 70 Tract #3 - 0.629 acres - T.J. Green Survey, Abstract 198 PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: Mr. Aaron Pasternak, Trustee, spoke before the City Council and advised that he felt the patio homes and townhouses would be a great asset to the City of Pearland. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: None QUESTION AND ANSWER PERIOD: Planning Director Wicker advised that this requested change was in line with the comprehensive plan of the City and that the plans submitted complies with the Zoning Ordinance with regard to Plan Approval. A discussion was held regarding the drainage, right of way and water and sewer. HEARING ADJOURNED CHANGE IN ORDER OF BUSINESS NEW BUSINESS: COUNCIL DECISIONS ON APPLICATIONS 78 -(Amended), 79, and 80: It was moved by Councilwoman Coppinger, seconded by Councilman Gray that the City Attorney be instructed to prepare the appropriate Land Use Change Ordinance for Applications 78(Amended), 79 and 80 for Council consideration. Motion passed 4 to 0. Councilman McComb not present at this time. Councilman Mack made an inquiry regarding the possibility of driveways being built on Orange Street under zone change permitted under Application 79, however, Mr. Murray of Belarbor Corporation advised that they planned to build small homes and that the driveways would face the side streets. On Application No. 80, Aaron Pasternak, Trustee, Councilman Mack stated that he felt the density of this area near the new park should be considered, since we al- ready l- ready have R-2 subdivisions on each side of Liberty Road. UNFINISHED BUSINESS: ARBITRATION SETTLEMENT ON THE CONTRACT WITH INTERURBAN PIPELINES, INC.: Meeting recessed at 8:25 P. M. to permit Councilman Lentz to review bid documents. Meeting reconvened 8:35 P. M. Councilman Lentz advised that he looked at the Plan documents and noted that if a contractor would have picked the plans up, he would have seen some conflicting notes. First would have been "minimum of three feet of cover". Second, numbers along the bottom of the sheet with no indication of what the numbers were, or what they were for, or what bearing they had on this particular set of plans. He advised that he could understand that there might be some confusion, however, if there is any doubt or confusion in any estimator's mind, the first thing he does is ask a question. WN an G After reading the two letters, one from Coenco, Inc., and one from Interurban Pipe- lines, Inc., it was noted in the one from Interurban Pipeline that they cut an un- known irrigation line owned by the Brazos River Authority and cost the Contractor $1170.00. He advised that it was the Contractor's responsibility based on the standard general conditions that he determine exactly where any unknown utility lines are. The Contractor's Bid stated that it would take 11 days to lay the entire line, and it took him 15 days. CwncilM= Lentz stated that this is one of the problems you (, have in the construction industry, when you are trying to determine how long it will take you to complete a project. City Attorney Williams advised that the Arbitration Hearing was a prerequisite to legal action. It was moved by Councilman Gray, seconded by Councilman Mack that the City of Pearland take no action at this time for additional expense to Interurban Pipelines, Inc. in response to this request. Motion passes 4 to 0. Councilman McComb absent at this time. It was moved by Councilman Mack, seonded by Councilman Lentz that the City pay David C. Rieniets, Jr. the sum of $240.00 for his services at arbiter. Motion passed 4 to 0. Councilman McComb absent at this time. RIGHT OF WAY AT INTERSECTION OF OLD ALVIN ROAD AND JOHN LIZER ROAD: Mayor Reid stated that this item would be passed temporarily. CLARIFICATION OF COUNCIL INSTRUCTIONS REGARDING RECONSTRUCTION OF ORANGE STREET: City Manager Wolff advised that he received a call from Councilman McComb stating that his motion regarding the reconstruction of Orange Street did not include any adjustment in the grade. City Manager Wolff asked for clarification as to whether or not the City Council wished to lower the grade of Orange Street before the re- construction. The need to start construction during the school summer vacation is important due to traffic. City Engineer Malcolm Collins advised that the placing of 36 inch drain tile at Old Alvin Road and Orange Street, and the placing of 36 inch drain tile under Orange Street at Galveston Avenue, and enlarging the ditch going North on Galveston Avenue to the Canal, would help solve the flooding in the area. A discussion was held regarding the problem encountered in lowering Orange Street due to the water line. It was moved by Councilman Gray, seconded by Councilman Lentz that the City Engineer be authorized to design the work for lowering Orange Street, and replacing the tile along Galveston Avenue and give us an estimated cost as quickly as possible, -and, when his information is ready, that a special meeting be called to discuss this matter. Motion passed 4 to 0. Council McComb not present at this time. r-. APPROVAL OF ENGINEERING ESTIMATES: It was moved by Councilman Lentz, seconded by Councilman Gray that Engineering Estimate No. 3, Able Services, Inc. for Street Improvements on Mykawa Road from Orange Street to City Limits in the amount of $101,475.00, Engineering Estimate No. 16, Lem Construction Company, Inc., for Wastewater Treatment Facilities, Plants 2 and 3 in the amount of $104,524.17, and the Estimate No. 3, Bellewood Construction Company, Inc., for Sewage Collection System Rehabilitation in the amount of $72,872.49, be authorized for pay- ment from the appropriate bond funds. Motion passed 3 to 0. Councilwoman Coppinger and Councilman McComb not present at this time. 6 Councilman McComb entered at 9:30 P. M. RESOLUTION NO. R80-13, A RESOLUTION GIVING CONSENT FOR CREATION OF MUNICIPAL UTILITY DISTRICTS - U. S. HOME OF TEXAS LAND, INC.: Resolution R80-13 read in full by Councilman Gray. It was moved by Councilman Gray, seconded by Councilman Mack that Resolution No. R80- 13 be passed and approved on first and only reading, with change on Page 3, "APPROVED AS TO CONTENT" reading "HOMECRAFT" instead of U. S. Home of Texas Land, Inc. Said Resolution reads in caption as follows: RESOLUTION R80-13 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, GIVING CONSENT TO THE CREATION OF MUNICIPAL UTILITY DISTRICTS WITHIN ITS EXTRATERRITORIAL JURISDICTION. Voting "Aye": Councilman Lentz, Councilwoman Coppinger, Councilman Mack, Council- man McComb and Councilman Gray. Voting "No ": None Motion passed 5 to 0. City Attorney Williams advised that a new page 3 amended would be furnished to the City Secretary. ORDINANCE NO. 224-4, AMENDMENT TO THE BUILDING CODE: Ordinance No. 224-4 read in caption by Mayor Reid. (First Reading) It was moved by Councilman McComb, seconded by Councilman Lentz that Ordinance No. 224-4 be passed and approved on first of two readings. Said Ordinance No. 224-4 reads in caption as follows: ORDINANCE NO. 224-4 AN ORDINANCE AMENDING CHAPTER 7, SECTION 7-13 AND SECTION 7-13.1, ARTICLE II, BUILDING CODE OF THE CODE OF ORDINANCES, CITY OF PEARLAND, TEXAS, BY ADDING AND DELETING SPECIFIC PROVISIONS CON- TAINED THEREIN, AND PROVIDING FOR AN EFFECTIVE DATE. Voting "Aye": Councilman Gray, Councilman McComb, Councilman Mack, Councilwoman Coppinger and Councilman Lentz. Voting "No ": None Motion passed 5 to 0. Councilman McComb was designated by the Mayor to look into the possibility of amend- ing the Building Code to cover homeowner's permits. CALL OF PUBLIC HEARING ON ADJUSTMENTS TO THE REVENUE SHARING BUDGET: Mayor Reid announced that he, along with the City Manager and City Treasurer con- ducted a Proposed Use Hearing on amendments to the Revenue Sharing Budgets at 6:30 P. M. this day. It was moved by Councilman Mack, seconded by Councilman McComb that a Public Hear- ing be called under Docketed Public Hearings of the regular agenda of June 23, 1980, on amendments to the Revenue Sharing Budgets, and recommend that the funds be used for street improvements. Motion passed 5 to 0. 7 RESIGNATION OF CITY MANAGER: Mayor Reid read a letter from William E. Wolff, City Manager, dated June 9th, 1980, wherein he advised that he had accepted a position as City Manager of Alvin, and would be leaving the City of Pearland on June 30th, 1980. OTHER BUSINESS: RECESSED AT 9:50 P. M. EXECUTIVE SESSION - TEXAS OPEN MEETING'S LAW, SECTION 2, SUBSECTION (f), PURCHASE, EXCHANGE, OR VALUE OF REAL PROPERTY AND SECTION 2, SUBSECTION (g) PERSONNEL. RETURNED TO OPEN SESSION AT 12:00 MIDNIGHT. Mayor Reid stated that Item 2, Unfinished Business - Right of Way at Intersection of Old Alvin Road and John Lizer Road would be passed until a future agenda. NEW BUSINESS ITEM 5: RESOLUTION NO. R80-14, A RESOLUTION PROVIDING FOR APPROVAL OF AGREEMENT WITH STATE OF TEXAS FOR THE INSTALLATION AND OPERATION OF A HIGHWAY SIGNAL PROJECT AT HIGHWAY 35 - MAGNOLIA ROAD - JOHN LIZER ROAD: Resolution No. R80-14 read by Councilman Lentz. It was moved by Councilman Gray, seconded by Councilwoman Coppinger that Resolution R80-14 be approved contingent upon the realignment of Old Alvin Road to the satisfac- tion of the Texas Department of Highways & Transportation. Said Resolution No. R80-14 reads in caption as follows: RESOLUTION NO. R80-14 A RESOLUTION PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED JUNE 9, 1980, BETWEEN THE STATE OF TEXAS AND THE CITY OF PEARLAND, FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION, AND MAINTENANCE OF HIGHWAY SIGNAL PROJECT AT THE LOCATION SHOWN ON EXHIBIT 1, ATTACHED HERETO.AND MADE A PART HEREOF IN THE CITY OF PEARLAND; PRO- VIDING FOR THE EXECUTION OF SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. Voting "Aye": Councilman Lentz, Councilwoman Coppinger, Councilman Mack and Council- man Gray. Voting "No ": None Motion passed 4 to 0. Councilman McComb not present at this time. RIGHT OF WAY - JOHN LIZER ROAD: Passed until a later agenda. RESIGNATION OF CITY MANAGER: (CONTINUED) It was moved by Councilman Lentz, seconded by Councilman Mack that the City Council accept, with regrets, the resignation of William E. Wolff as City Manager of the City r-. of Pearland. Motion passed 4 to 0. Councilman McComb not present at this time. MAYOR REID ANNOUNCED THAT THE CITY COUNCIL WOULD RETURN TO EXECUTIVE SESSION ON PER- SONNEL. TIME - 12:10 A. M. RETURNED TO OPEN SESSION AT 1:30 A. M. It was moved by Councilman Mack, seconded by Councilwoman Coppinger that effective July 1, 1980, that Ronald W. Wicker be made the City Manager of the City of Pearland, and.that he assume the position with the current salary. Motion passed 4 to 0. ADJOURN: Meeting adjourned at 1:35 A. M. Minutes approved as read and/or corrected this the : day of A. D., 1980. Mayor ATTEST: City Secretary