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1980-07-15 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JULY 15, 1980, AT 7:30 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: 15 Tom Reid Charles R. Mack Al Lentz Fran Coppinger Carlton McComb Terry Gray Ronald J. Wicker Bobby J. Williams (Absent from meeting) Dorothy L. Cook The invocation was given by Jessie H. Guinn. The Pledge of Allegiance was led by City Manager Ron Wicker. APPROVAL OF MINUTES: It was moved by Councilman Mack, seconded by Councilman Gray that the minutes of the regular meeting held on June 23, 1980, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid introduced Mr. John Whitmire, reporter for the Pearland Reporter, and Mr. Richard Brown, Field Representative for Congressman Ron Paul. Mayor Reid then moved to the first item of New Business and presented Certificates of Recognition to members of the Pearland Oilers 4 A Championship Baseball Team. These certificates were presented on behalf of the Mayor and City Council and were presented to the 'following: Head Coach Bill Bratcher Outfield Mickey Owens Assistant Coach Ronnie Johnson Third Base Malcolm Primrose Short Stop Craig Smajstrla Outfield Mark Michna Second Base Carl Mikeska Pitcher Doug Kneupper Third Base Billy Barton Catcher Jeff Schock Second Base Kennon Simmons Pitcher Keith Shepherd Outfield Chris Christoph Third Base Larry Riddle Pitcher David Bird First Base Guy Mikeska Outfield David Maly Pitcher John Dempsey Outfield Bret Davis Catcher Clifton Gibson COUNCIL ACTIVITY REPORTS: Councilman McComb reported that the proposed recognition of Rickey Churchman and Mike Massey as Pro Football players will have to be postponed indefinitely due to their schedules. Councilman Al Lentz reported that a revised "Exhibit A" which are the specifications for design and construction of streets in the proposed amendment to the Subdivision Ordinance were enclosed in the Council's packets for review. 6 CITIZENS: Mr. David L. Markum - 5002 Woodville, Pearland, Texas, presented a petition with 80 signatures requesting that Chester Street in Corrigan South be made into a thoroughfare. This street is presently a dead-end with barricade. Chester would then exit onto Fite Road. Mr. Markum stated that he felt the opening of this street onto Fite would eliminate some of the traffic as well as providing an exit during floods. Mayor Reid referred this request to City Manager Wicker and advised that any Coun- cilman desiring to work with Mr. Wicker on this project should contact the Mayor. Mr. Ed Mallett - 3011 Chester, Pearland, Texas, signed to appear before the Coun- cil, but was not present at the meeting. Mr. W. J. Ebeling - 2460 Country Club Drive, Pearland, Texas, signed to appear be- fore the City Council but was not present at the meeting. Mrs. Jackie Martin - 2511 Taylor Lane, Pearland, Texas, Team Captain of the 4th of July Tube Race Team along with Billye Arcemant of the Chamber of Commerce appeared before the City Council to present a trophy to the winning team members, Anchor Man Terry Gray, Ron Wicker, Al Lentz and Leroy Savoie. Mrs. Arcemant thanked all gmm- bers of the community for their help in making the 4th of July Celebration a success. DOCKETED PUBLIC HEARINGS: None. UNFINISHED BUSINESS: REVIEW OF REVISED PLANS AND AUTHORIZATION TO REBID PROJECT - ALICE STREET AND HIGH- WAY 35 SEWER LINES: City Engineer Malcolm Collins advised that plans were changed on this project after authorization to bid the project the first time, therefore, he was submitting re- vised plans and asking that the Council set a new date for bid opening of this project. It was moved by Councilman McComb, seconded by Councilwoman Coppinger that the City Staff be authorized to rebid the City Sewer Project on Alice Street and Highway 35 area and bids be opened on August 8, 1980, at 12:00 Noon and reviewed by the City Council on August 11, 1980. Motion passed 5 to 0. ORDINANCE NO. 246-60, LAND USE CHANGE - ALTA CARBONE, AGENT - GB TO OP: Ordinance No. 246-60 read in caption by Mayor Reid. (Second Reading) It was moved by Councilman Gray, seconded by Councilman Lentz that Ordinance No. 246-60 be passed and approved on second and final reading. 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. M 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 - C. A. MURRAY/BELARBOR CORPORATION - NS TO MF: Ordinance No. 246-61 read in caption by Mayor Reid. (Second Reading) It was moved by Councilwoman Coppinger, seconded by Councilman Mack that Ordinance No. 246-61 be passed and approved on second and final reading. 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 Gray, Councilman McComb, Councilman Mack, Councilwoman Coppinger and Councilman Lentz. Voting "No " - None. Motion passed 5 to 0. ORDINANCE NO. 246-62, LAND USE CHANGE - AARON PASTERNAK, TRUSTEE - PU TO PA: � Ordinance No. 246-62 read in caption by Mayor Reid. (Second Reading) It was moved `by Councilman Gray, seconded by Councilman Mack that Ordinance No. 246- 62 be passed and approved on second and final reading. 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 PRO- VISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilman Lentz, Councilman Mack, Councilman McComb and Councilman Gray. Voting "No " - Councilwoman Coppinger. Motion passed 4 to 1. FINAL ACCEPTANCE OF THOMAS & GILBERT INDUSTRIAL SUBDIVISION: This item not complete and will appear on a later agenda. NEW BUSINESS: ENGINEERING ESTIMATES ON BOND PROJECTS: It was moved by Councilman Lentz, seconded by Councilman McComb that final estimate to Lem Construction Company for Wastewater Treatment Plants 2 and 3 in the amount of $74,099.83; Engineering Estimate No. 4 to Able Services, Inc. for the Mykawa Road Project in the amount of $89,749.35; Engineering Estimate No. 4 to Bellewood Construction Company, Inc. for Sewer System Rehabilitation in the amount of $)27,358.30; ,4.8 Engineering Estimate No. 1 to Galin Corporation for Extension of Old Alvin Road in the amount of $9,509.67, all be approved for payment from appropriate bond funds, and Final Estimate to Ben Felts Utility Company for Water Main Construction on Old Alvin Road in the amount of $9,368.40 be approved for payment from appropriate bond funds subject to Ben Felts Utility Company furnishing a 1 year maintenance bond before payment is made. Motion passed 5 to 0. HOUSTON LIGHTING & POWER COMPANY'S REQUEST FOR RATE INCREASE AND RESOLUTION NO. R80-17, A RESOLUTION SUSPENDING RATE CHANGE: The Houston Lighting & Power Company's request for a rate increase filed with the City on June 30, 1980, was entered into the records. This rate request was also filed with the Public Utilities Commission in Austin. The proposed rates were to go in effect on August 5, 1980, unless the City takes some action within 30 days from the filing. A Resolution suspending the operation of any proposed change in rates for a period of 120 days subject to an additional suspension of up to 30 days from said date by resolution of the City Council, was brought before the City Council for considera- tion. Resolution No. R80-17 read in full by Councilwoman Coppinger. It was moved by Councilwoman Coppinger, seconded by Councilman Lentz that Resolu- tion No. R80-17 be passed and approved on first and only reading. Said Resolution No. R80-17 reads in caption as follows: RESOLUTION R80-17 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, SUSPENDING RATE CHANGES HERETOFORE FILED BY HOUSTON LIGHTING AND POWER COMPANY; PURSUANT TO SECTION 43(d) OF THE PUBLIC UTILITIES REGULATORY ACT, ARTICLE 1446C, TEXAS REVISED CIVIL STATUTES. Voting "Aye" - Councilman Lentz, Councilwoman Coppinger, Councilman Mack, Council- man McComb and Councilman Gray. Voting "No " - None. Motion passed 5 to 0. SOUTHWESTERN BELL TELEPHONE COMPANY'S REQUEST FOR RATE INCREASE: Southwestern Bell Telephone Company's request for a rate increase dated July 7, 1980, as filed with the Texas Public Utility Commission was read into the records of the City by Councilman Mack. City Manager Wicker advised that he has discussed this with City Attorney Bobby J. Williams, and on Friday, July 18th, the Texas Municipal League in Austin is having a meeting concerning this rate increase request. He asked that the City Council take no action on this request until he could attend this meeting and find out what the other cities plan to do and report back to the City Council at the next meeting. AGREEMENT WITH BRAZORIA COUNTY FOR EXTENDING PAVING CONTRACT ON ORANGE STREET: City Manager Ron Wicker stated that he met with Commissioner Plaster and discussed the possibility of the County extending its contract with Brown & Root to include all of that section of Orange Street between Houston Avenue and Old Alvin Road for repaving. Commissioner Plaster advised that he found out from the County Engineer r_1 and Auditor that it was illegal for the County to contract with a third party. He suggested that we call Brown & Root and discuss the policies that we have followed in the past. We were able to stretch the money by providing liquid asphalt and rock. Brown & Root has been contacted, and they will give us some prices on square yard cost if we provide cover rock and some other things discussed with them. Mayor Reid advised that this item would be passed temporarily, and a special meeting would be called, if information is available before the next regular meeting. EXPANSION OF POLICE BUILDING: City Manager Wicker submitted tentative plans for an addition to the police building and advised that remaining funds from the sale of the property adjacent to the City Hall could be used to finance this project if the Council so desired. He asked that the Council appropriate the use of these funds to this project, and subcontract an extension to the police building. At this point, he asked that he be allowed to spend up to $1500.00 to have plans drawn up so that we can competitively bid this project. He advised that he felt we would have to go out on individual bids for the slab work, frame work, etc. to save all the money we can. MEETING RECESSED 8:50 P. M. RECONVENED 9:OO P. M. It was moved by Councilman Gray, seconded by Councilman McComb that the City Manager be authorized to expend up to $1500.00 for architectural design of an addition to the police building to be paid out of the sale of land to ,the Baptist Church and that the construction of this addition be paid out of remaining funds in this account. Motion passed 5 to 0. WESTFIELD LANE AREA WATER SERVICE: City Manager Wicker advised that he has investigated the possibility of providing water service to the Westfield Lane area in our City Limits, and under the bond issue we have funds available to extend the 10 inch line from Independence Park through Shadycrest along Mary's Creek on through an undeveloped area to Dixie Farm Road and North on Dixie Farm Road to the existing 6 inch water line just to the North of the bridge. He advised that at this point we could design and build the line on Dixie Farm Road which would get the water up to the intersection of Dixie Farm Road and Westfield Lane. He recommended that the City assist the property owners and that at least a 10 inch line be installed so that if we serve any more area South of the present limits, the line will be of such size as to make this possible. Mr. Wicker advised that some of the people are having to bring in water due to failure of wells in this area. It was moved by Councilman McComb, seconded by Councilman Gray that the 10 inch por- tion of Dixie Farm Road, and the 8 inch portion on Westfield and 6 inch portion off Westfield, as needed, be designed by the City Engineer and referred back to the City Council for bid by the August 11, 1980, meeting. Motion passed 5 to 0. RESOLUTION R80-18, A RESOLUTION AUTHORIZING MAYOR TO ISSUE ORDER RESTRICTING USE OF WATER UNDER SECTION 30-16 OF THE CODE OF ORDINANCES: 50 City Manager Wicker advised that during the past two weeks we have asked voluntary compliance with odd -even water conservation plan, however, we have reached a point in our water supply where some enforcement must be made. Mr. Wicker reported that one of the wells has problems with the pumping level of the water. This is pri- marily due to the amount we are taking out of the ground and if we continue we are likely to ruin some wells. We are producing all of the water we possibly can, 3,000,000 gallons per day, and in order to maintain fire protection and health and welfare of the citizens, it is necessary that we go to a mandatory conserva- tion plan. Resolution No. R80-18 read in full by Councilman Mack. It was moved by Councilman Mack, seconded by Councilwoman Coppinger that Resolution No. R80-18 be passed and approved on the first and only reading. Said Resolution R80-18 reads in caption as follows: RESOLUTION R80-18 A RESOLUTION AUTHORIZING THE MAYOR TO IMPLEMENT WATER RESTRICTIONS DURING PERIODS OF EMERGENCY OR CIRCUMSTANCES DEMANDING SUCH RESTRICTIONS OR PREVENTION OF USE. Voting "Aye" - Councilman Lentz, Councilwoman Coppinger, Councilman Mack, Councilman McComb and Councilman Gray. Voting "No " - None. Motion passed 5 to 0. CITY MANAGER'S PROPOSED BUDGETS FOR FISCAL YEAR BEGINNING OCTOBER 1, 1980: This item passed until the next regular Council meeting. CALL OF PUBLIC HEARING BEFORE THE PLANNING & ZONING COMMISSION ON APPLICATION 84 RUBEN G. GUERRA: It was moved by Councilman McComb, seconded by Councilman Lentz that a Public Hear- ing be called before the Planning & Zoning Commission on August 5, 1980, at 7:30 P.M. for Application 84, Ruben G. Guerra. Motion passed 5 to 0. MEETING RECESSED TO EXECUTIVE SESSION UNDER TEXAS OPEN MEETINGS LAW, SECTION 2, SUB- SECTION (g) PERSONNEL. TIME 9:35 P. M. RECONVENED AT 9:45 P. M. RESIGNATION OF VICTOR A. STURM AS ASSOCIATE JUDGE: It was moved by Councilman Lentz, seconded by Councilman Gray that the resignation of Victor A. Sturm as Associate Municipal Judge be accepted, with regrets. Motion passed 5 to 0. It was moved by Councilman Gray, seconded by Councilman McComb that the City Manager put out for publication the hiring of a temporary Associate Municipal Judge. Motion passed 5 to 0. APPOINTMENT OF PLUMBING BOARD AND BOARD OF ADJUSTMENT AND APPEALS UNDER BUILDING CODE: This item to be on the next agenda. ADJOURN: Meeting adjourned at 9:50 P. M. �. Minutes approved as submitted and/or corrected this the day of , A. D., 1980. ATTEST: City Secretary r— Mayor m