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1980-06-23 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JUNE 23, 1980, AT 7:35 P. M. IN THE CITY HALL, 2335 NORTH 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 Terry Gray William E. Wolff/ Ronald J. Wicker Bobby J. Williams Dorothy L. Cook The invocation was given by Mr. M. 0. Knapp. The Pledge of Allegiance was led by Ron Wicker. APPROVAL OF MINUTES: It was moved by Councilwoman Coppinger, seconded by Councilman Lentz that the minutes of the regular meeting held on June 9, 1980, be approved as submitted. Motion passed 4 to 0. Councilman McComb abstained. MAYOR'S ACTIVITY REPORT: Kerry Haner, President of P.A.Y.D.I.R.T. spoke before the City Council regarding the July 14th "Pearland Night" at the Astrodome. Part of the proceeds from the ticket sales in the area will go to P.A.Y.D.I.R.T. Mr. Haner requested the cooperation and support of all of the citizens in the community in making this night a success. c'DnmT.rr_um . Mrs. Peggy Long, President of the American Business Women's Association gave a short talk on the history, purpose and objectives of this association. Mayor Reid read into the records a communication, dated June 17, 1980, from the Rotary Club of Pearland wherein the President, Mr. Walt Lackey, invited the City Council to be present at the dedication of the Kiddie Park portion of Independence Park on July 4, 1980. COUNCIL ACTIVITY REPORTS: Councilman Mack reported that the Subdivision Committee is ready to submit the proposed amendments for final draft by the City Attorney so that it can be reviewed by the City Council. Councilman Mack reported that the next item to be worked on will be the Zoning Ordinance and he asked the Mayor to appoint a new member to the committee to replace Dennis Frauenberger. Councilman McComb discussed the provision in the old building code ordinance relating to no change being made for homeowner's permits where the amount was less than $1,000. This was in effect until we rescinded this ordinance and passed one adopting the pro- visions of the Southern Standard Code. He asked the City Council to think about in- corporating this provision in the present code, and if they feel it is justified, at some later date an amendment could be prepared for consideration by the City Council. 40 DEPARTMENTAL REPORTS: City Manager Wolff reported that the police have apprehended a suspect involved in the recent rash of break-ins at the library. CITIZENS: Mr. Beau Bouillion, on behalf of several citizens signing a petition, appeared be- fore the City Council requesting that the City furnish fire protection and city water service for those that desire it. This matter was referred to Ron Wicker for a study and report back to the City Council. DOCKETED PUBLIC HEARINGS: 1. Revenue Sharing Budget Adjustments - Approximately $82,000. Entitlement Periods 9 and 10. CITIZEN INPUT: Mr. M. 0. Knapp, representing the Action Center, requested assistance for payment of a Director for the Center. This would be to offset the Step Program since the qualified individual that has been selected, due to the amount of her income, does not qualify for funds under the Step Program. He advised that it would take $2,000.00 to cover this until the end of the year. Mrs. C. Cunningham, 4506 W. Broadway - Mrs. Cunningham advised that she was a member of the Association of Retired Persons and other organizations for the elderly in Pearland and she felt that a community center was needed for these groups. Mr. Knapp advised that he was working on a place where the citizens might have access to a meeting room during the day and this facility would be available to any senior citizen group. William E. Wolff - Mr. Wolff advised that he felt that a portion of this money should go to the restoration of some of the streets in the City. Mr.'Terry Haner advised that he would like to see some of the money go for garbage trucks. Mr. Morris Wilson - Mr. Wilson asked that the money be spent for a Railroad Overpass Study. Mr. Mark Sepolio - Mr. Sepolio asked if a plan could not be devised to improve the standard of living of some of the minorities in the area. Mayor Reid asked for input from any other citizens in the audience, and hearing none, adjourned the Hearing at 8:10 P. M. UNFINISHED BUSINESS: ORDINANCE NO. 224-4, AN ORDINANCE AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES (BUILDING CODE): Ordinance No. 224-4 read in caption by Mayor Reid. (Second Reading) It was moved by Councilman Mack, seconded by Councilman Lentz that Ordinance No. 224-4 be passed and approved on second and final reading. 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 PEAR - LAND, TEXAS, BY ADDING AND DELETING SPECIFIC PROVISIONS CONTAINED THEREIN, AND PROVIDING FOR AN EFFECTIVE DATE. Voting "Aye" - Councilman Lentz, Councilwoman Coppinger, Councilman Mack, Councilman McComb and Councilman Gray. Voting "No" - None. Motion passed 5 to 0. RIGHT OF WAY - OLD ALVIN ROAD AND JOHN LIZER ROAD: This item passed until later in the agenda. NEW BUSINESS: RESOLUTION R80-14 AND RESOLUTION R80-15, RESOLUTIONS OF APPRECIATION TO D. M. FRAUENBERGER AND MORRIS S. WILSON: Mayor Reid read Resolutions R80-14 and Resolutions R80-15 which had previously been signed by members of the City Council and presented these Resolutions to Mr. Frauenberger and Mr. Wilson, along with plaques for each one denoting their time on the City Council. CERTIFICATE OF RECOGNITION TO WILLIAM E. WOLFF: Mayor Reid read the contents of the Certificate of Recognition which had previously been signed by the City Council and presented this Certificate to Mr. Wolff along with a plaque denoting his time as City Manager. RECESSED 8:25 P. M. - RECONVENED 8:35 P. M. ADOPTION OF AMENDED REVENUE SHARING BUDGETS: Ron Wicker recommended that of the $82,000.00 we have, that $80,000.00 be set aside for Public Transportation catagory under the Revenue Sharing, and the funds from this $80,000.00 be used basically on three streets, Orange Street and the remaining be used on Old Alvin Road or Dixie Farm Road. He recommended that the City Council consider the request of the senior citizens. It was moved by Councilman McComb, seconded by Councilman Lentz that the $82,000.00 adjustment in Revenue Sharing Budgets be allocated as follows: $80,000.00 - $ 2,000.00 Motion,passed 5 to 0. CHANGE IN ORDER OF BUSINESS: Public Transportation (Streets) Human Resources (Funding for Director of Actions) RESIGNATION OF PRESIDING MUNICIPAL JUDGE AND ANY ACTION PERTINENT THERETO: Mayor Reid read into the records a letter dated June 5, 1980, from Roy Simmons, Jr. submitting his resignation effective June 30, 1980, as Presiding Municipal Judge. Judge Simmons advised that health problems and change in work duties made this resignation necessary. Mayor Reid recessed the meeting at 8:55 P. M. and called for an Executive Session as posted under Texas Open Meeting's Law, Section 2, Subsection (g) Personnel. Reconvened to open meeting at 9:50 P. M. It was moved by Councilman Mack, seconded by Councilman McComb that the resignation, as of June 30, 1980, of Roy Simmons, Jr. as Presiding Municipal Judge be accepted, with regrets. Motion passed 5 to 0. It was moved by Councilman Mack, seconded by Councilman Gray that Glenn Chaney be appointed Presiding Municipal Judge for the City of Pearland effective July 1, 1980. Motion passed 5 to 0. RESOLUTION RECOGNIZING PEARLAND'S 4A STATE CHAMPIONSHIP BASEBALL TEAM: It was moved by Councilman Lentz, seconded by Councilman McComb that an appropriate Resolution be prepared and placed on the agenda of the next meeting, recognizing the Pearland's 4A State Championship Baseball Team. Motion passed 5 to 0. CHANGE IN FIRST REGULAR CITY COUNCIL MEETING IN JULY TO JULY 15, 1980: A discussion was held regarding the moving of the first City Council meeting in July to Tuesday, July 15th due to the Pearland Night at the Astrodome being Monday, July 14, 1980. It was moved by Councilman Gray, seconded by Councilman McComb that the first regular City Council meeting in July be held on July 15, 1980. Motion passed 5 to 0. ORANGE STREET PAVING AND DRAINAGE: Mr. Ron Wicker advised the City Council that the Engineering Study for Paving and Drainage was not ready. After discussion of this matter, it was the consensus of the City Council, in order to expedite the reconstruction before school starts, that an administrative decision be made on where the County should start the $15,000 project allocation. The City would then complete Orange Street after receipt of the Engineering Study. RATIFICATION OF CHANGE ORDER NO. 2 - LEM CONSTRUCTION COMPANY: It was moved by Councilman McComb, seconded by Councilman Mack that Change Order No. 2, Lem Construction Company dated May 16, 1980, in the amount of $4,684.00 additional be approved. Motion passed 5 to 0. EXTENSION OF EMPLOYMENT FOR NOBLE HALE: It was moved by Councilwoman Coppinger, seconded by Councilman McComb that the employment of Noble Hale be extended for a period of six months. Motion passed 5 to 0. AUTHORIZATION FOR THE CITY ATTORNEY TO PREPARE AMENDMENT TO CHAPTER 8 - CIVIL DEFENSE CODE: Mayor Reid advised that Joe Singleton, Assistant Defense Coordinator has asked that titles be changed in the Code to conform with State requirements. The title of the Mayor would be Civil Defense Director and Joe Singleton's title would be Disaster Coordinator. It was moved by Councilman McComb, seconded by Councilman Mack that the City Attorney be instructed to prepare an amendment to Chapter 8, Civil Defense Code, changing the title of the officials to conform with state requirements. Motion passed 5 to O. AUTHORIZATION FOR CITY ATTORNEY TO PREPARE AMENDMENT TO SUBDIVISION CODE: Mayor Reid called a workshop meeting for 10:00 A. M., Saturday, June 28, 1980, to discuss the proposed amendment to the subdivision ordinance. 4.3 ORDINANCE NO. 246-60, LAND USE CHANGE - APPLICATION NO. 78, ALTA CARBONE, AGENT, GB TO OP: Ordinance No. 246-60 read in caption by Councilman McComb. (First Reading) It was moved by Councilman McComb, seconded by Councilman Lentz that Ordinance No. 246-60 be passed and approved on first of two readings. Said Ordinance No. 246-60 reads in caption as follows: ORDINANCE NO. 246-60 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN _ DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS; PROVIDING FOR AMENDMENT OF THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PRO- VISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Gray, Councilman McComb, Councilman Mack, Councilwoman Coppinger and Councilman Lentz. Voting "No ": None Motion passed 5 to 0. ORDINANCE NO. 246-61, LAND USE CHANGE - APPLICATION NO. 79, C. A. MURRAY/ BELARBOR CORPORATION - NS TO MF: Ordinance No. 246-61 read in caption by Mayor Reid. (First Reading) It was moved by Councilman Mack, seconded by Councilwoman Coppinger that Ordinance No. 246-61 be passed and approved on first of two readings. Said Ordinance No. 246-61 reads in caption as follows: ORDINANCE NO. 246-61 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING _ ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS; PROVIDING FOR AMENDMENT OF THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PRO- VISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Lentz, Councilwoman Coppinger, Councilman Mack, Councilman McComb and Councilman Gray. Voting "No ": None Motion passed 5 to 0. ORDINANCE NO. 246-62, LAND USE CHANGE - APPLICATION NO. 80, AARON PASTERNAK, TRUSTEE - PU TO PA: Ordinance No. 246-62 read in caption by Mayor Reid. (First Reading) It was moved by Councilman Mack, seconded by Councilman McComb that Ordinance No. 246-62 be passed and approved on first of two readings. Said Ordinance No. 246-62 reads in caption as follows: ORDINANCE NO. 246-62 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN - DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS; PROVIDING FOR AMENDMENT OF THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER POR - VISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Gray, Councilman McComb, Councilman Mack and Councilman Lentz. Voting "No ": Councilwoman Coppinger Motion passed 4 to 1. MEETING RECESSED 10:35 P. M. - FOR EXECUTIVE SESSION, TEXAS OPEN MEETING'S LAW, SEC- TION 2, SUBSECTION (f), PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY. RECONVENED TO OPEN SESSION AT 11:00 P. M. UNFINISHED BUSINESS: RIGHT OF WAY AT INTERSECTION OF OLD ALVIN ROAD AND JOHN LIZER ROAD: It was moved by Councilman McComb, seconded by Councilman Gray that the Mayor be authorized to offer to the C. H. Alexander Estate by letter the sum of $10,090.00 for 0.7408 acres at the corner of State Highway 35 and John Lizer Road - Old Alvin Road Intersection pursuant to appraisal by George L. Reed. Motion passed 4 to 1. Councilwoman Coppinger opposed. A n.TnTMM . Meeting adjourned at 11:03 P. M. Minutes approved as read and/or corrected this the day of A. D., 1980. Mayor ATTEST-: City Secretary