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1980-07-28 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JULY 28, 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 Tom Reid Councilman/Mayor ProTem Charles R. Mack Councilman Councilwoman Councilman Councilman City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: Al Lentz Fran Coppinger Carlton McComb Terry Gray Ronald J. Wicker Bobby J. Williams Dorothy L. Cook The invocation was given by City Attorney Bobby Williams. The Pledge of Allegiance was led by Mr. Gene Shannon. APPROVAL OF MINUTES: It was moved by Councilman Gray, seconded by Councilman Lentz that the minutes of --� the regular meeting held on July 15, 1980, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid, on behalf of the City Council, presented a plaque and Certificate to Roy Simmons, Jr. for his service as Presiding Municipal Judge from 1968 to 1980. Councilwoman Fran Coppinger, on behalf of the Brazoria County United Way, presented a summary of programs and services offered through this agency. Councilwoman Coppinger solicited the support and services of the community in providing funds to maintain the various programs provided by this agency. Mayor Reid reported that the Odd -Even Emergency Water Plan would continue in effect even though we have experienced some rain during the week, however, he hoped that with additional rains this plan could be discontinued before too long. He thanked the citizens for complying with the regulations. COUNCIL ACTIVITY REPORTS: Councilman Gray advised that he felt that the Council should look into some way of speeding up the request for change in zoning, as it now takes approximately three months to get a zone change completely through the records. He suggested that rather than the application being presented to the City Council for the call of a Public Hearing before the Planning & zoning Commission, that this date be set by the administration. Mayor Reid stated that this item could be considered at the time of amendment or revision of the Land Use Ordinance. Councilman Mack is Chairman of this Committee. r._„ DEPARTMENTAL REPORTS: City Manager Wicker gave a report on the status of the Orange Street Reconstruction Project. He advised that we are now waiting for Brown & Root to give us a time schedule on when they can move in. City Attorney Bobby Williams recommended that the City Council approve the request by the City Manager for expenditure of 34 per capita for a joint intervention suit on Southwestern Bell Telephone Company's request for a rate increase. City Attorney Williams asked that the City Council authorize him to prepare the amendment to the Subdivision Code so the City Council could see the proposed changes in final form and, if necessary, could make changes. City Attorney Bobby Williams advised the City Council that unless the City takes some action regarding a new water well we are likely to lose our "Public Water Supply Approved" from the Texas Department of Health. He asked that the Council approve the City Manager's request and authorize him to go forward with the fiscal agent in obtaining information for issuance of Certificate of Obligation. City Attorney Williams advised that the ordinance rescinding the Miniumum Fine Ordinance was a housekeeping ordinance. City Attorney Williams advised that the ordinance amending the Civil Defense Code on the agenda was an ordinance changing our code to be consistent with State's terminology regarding Civil Defense Officers. CITIZENS: Mr. Fine Bedford, 2020 N. Galveston Avenue, appeared before the City Council re- garding a petition submitted by the citizens in the 2000 block of Galveston Avenue supporting the proposal that ".The City of Pearland, at its sole expense, install covered storm drains the complete length of North Galveston Avenue, North of Orange Street, leaving those front yards where said storm sewer is installed, as level as possible, and replacing, in the same condition as found, all existing drives and culverted areas." Mr. Bedford advised that the people are in accord with a covered drainage ditch going on the West side of Galveston to the drainage ditch at the end of Galveston. He advised that they were opposed to an open drainage ditch due to the depth of the ditch, and the water that would stand in it. Mr. Gene D. Shannon, 2017 Galveston Avenue, appeared before the City Council and advised that a 36" open ditch was a very unpopular project with the residents along the 2000 block of North Galveston. He stated that the citizens along this block have not experienced any water in their homes. If this ditch is opened from the South side of Orange, he felt that this could cause problems since additional water would be added to the ditch on Galveston and could cause flooding. Mr. Shannon ex- pressed his view as well as that of his neighbors, that the plan of placing covered drain tile at City expense, on the West side of Galveston Avenue, would be the best alternative to this situation. City Manager Ron Wicker stated that as it was originally designed, the City Engineer proposed a 30" pipe crossing on the West side of Galveston, however, the depth of various lines such as water and gas would require the lowering of such lines. Mr. Wicker stated that he asked the Engineer to consider a 24" pipe crossing on the West side of Galveston and East side of Galveston, keeping in mind that all of the water generally bounded by Houston, Jasmine, Galveston and Orange would come down to this point. Mr. Wicker advised that after discussion of this plan with the Engineer's representative, it was felt that this plan would be an expensive undertaking. Mr. Wicker stated that he then asked the City Engineer to do some cuts on the 30" drain- age tile because he felt that this method was the most cost-effective method. The i plans are now to cross Orange Street with two 24" drainage tiles, and continue with 30" from that point to the ditch. This would be 30" drain tiles at driveways. Mayor Reid referred this matter back to City Manager Wicker and the City Engineer, and requested that an action item be placed on the next regular agenda, or in the event information on this project was completed sooner, then a special meeting would be called. MEETING RECESSED 8:20 P. M. - RECONVENED 8:30 P. M. DOCKETED PUBLIC HEARINGS: None. UNFINISHED BUSINESS: APPOINTMENTS: It was moved by Councilman Mack, seconded by Councilman Lentz that Mr. Walter Besser and Gary C. Schriver be reappointed as members of the Plumbing Board for four year terms, effective August 9th, 1980, and that Raymond Barringer and Ronald W. Parker be reappointed as members of the Board of Adjustment & Appeals, Building Code for four year terms, effective August 9th, 1980. _ Motion passed 5 to 0. AUTHORIZATION FOR EXPENDITURE OF UP TO 34 PER CAPITA FOR JOINT INTERVENTION SUIT - SOUTHWESTERN BELL TELEPHONE COMPANY'S REQUEST FOR RATE INCREASE: It was moved by Councilwoman Coppinger, seconded by Councilman McComb that the City Manager be authorized to expend up to 34 per capita for a joint intervention suit with other cities on the request by Southwestern Bell Telephone Company for a rate increase before the Public Utilities Commission. Such funds to be expended from the Council Contingency Fund. Motion passed 4 to 0. Councilman Gray abstained. RENAMING OF EXTENSION OF OLD ALVIN ROAD: City Manager Wicker advised that he has reviewed the request of Mr. Frank Tousinau for the renaming of Old Alvin Road from Orange to Knapp. In reviewing this request and looking into all the consequences that would be involved in changing the name, i as well as the historical significance, he recommended that the street continue to be called Old Alvin Road. It was moved by Councilman McComb, seconded by Councilman Gray that no action be taken on this request. Motion passed 5 to 0. W PRESENTATION OF CITY MANAGER'S PROPOSED BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1980: (OPERATING BUDGET AND REVENUE SHARING BUDGET) The City Manager, in accordance with Section 8.05, submitted his proposed budgets for the fiscal year beginning October 1,, 1980. It was moved by Councilman McComb, seconded by Councilman Lentz that Public Hearings j be called for August 12, 1980, at 7:30 P. M. on the proposed Budgets as submitted by the City Manager. Motion passed 5 to 0. AUTHORIZATION FOR THE CITY ATTORNEY TO PREPARE AMENDMENT TO SUBDIVISION CODE, CHAPTER 27 OF THE CODE OF ORDINANCES: It was moved by Councilman Mack, seconded by Councilwoman Coppinger that the City Attorney be authorized to prepare an amendment to the Subdivision Code, Chapter 27 of the Code of Ordinances, with the additions and deletions as noted in this meeting. Motion passed 4 to 1. Councilman Gray opposed. NEW BUSINESS: REPLAT OF LOT 8, OF THE ELTON J. DAVIS SUBDIVISION: City Manager Wicker advised that this was a replat of an existing lot in the Elton J. Davis Subdivision. The property owner, Mr. Alsup, wishes to construct a house on the platted lot and to do so would require a replat. It was approved and re- commended by the Planning & Zoning Commission. Mr. Alsup advised the City Council that the plat indicated a 20 foot building setback.line which not only goes through the vacant lot, but also the lot where his existing home is built. Mr. Wicker ad- vised that because of the possibility of widening Woody Road in the future, the City asked that a 20 foot setback be shown on the replat. He advised that if the existing house was torn down any new house would have to conform to the setback line. City Manager Wicker suggested that this plat, before it is filed, be flagged with a note to the effect that the building set -back line, as shown, applies only to new construction. City Manager Wicker to check with the City Attorney before such nota- tion is made on the plat. It was moved by Councilman McComb, seconded by Councilman Mack that the replat of Lot 8 of the Elton J. Davis Subdivision be approved. Motion passed 5 to 0. APPROVAL OF PRELIMINARY PLAT OF COUNTRYPLACE - U. S. HOMES OF TEXAS, INC.: City Manager Wicker advised that the Planning & Zoning Commission approved the Pre- liminary Plat of Countryplace with one stipulation. This exception would be that r-- the City waive the block length requirements, because of the design around the golf course. All correction items, as outlined by the City Engineer, have been made with the exception of the block lengths. It was moved by Councilman Gray, seconded by Councilman Mack that the Preliminary Plat of Countryplace by U. S. Homes of Texas, Inc. be approved as submitted. Motion passed 5 to 0. NEW WATER WELL AND GROUND STORAGE TANKS: City Manager Wicker stated that, sometime ago, the Council received a letter from former City Manager Wolff outlining the inadequacy of our water system in the City. Particular emphasis was placed on overhead storage, ground storage and water supply capabilities, and the estimated cost at that time was $1,225,000. City Manager Wicker recommended that the City proceed with a drilling of the well on the Liberty Road site, and the construction of a ground storage tank of the 420,000 gallon size. He felt that this would keep our water supply approved by the State for up to a year. The overhead storage could be considered later in a bond issue. The updated cost estimates of this project would be $200,000 for a 1,000 gallon per minute well, $65,000 for 420,000 gallon storage tanks and $35,000 for building and appurtenances. The issuance of Certificates of Obligation to cover this cost was discussed with Frank Ildebrando of Underwood -Neuhaus, our fiscal agents, and the Certificates, maturing over a period of ten years at an interest rate of 6.25% or 6.50%, could be issued. Mr. Wicker asked that authority be given him to instruct our fiscal agents to proceed with necessary paperwork on this project. It was -roved by Councilman Mack, seconded by Councilman McComb that the City Manager be authorized to proceed with the issuance of Certificates of Obligation to cover the cost of anew water well and ground storage tanks in the amount of $325,000. Motion passed 5 to 0. FEE SCHEDULE FOR BARRY ROSE BALL PARK: Councilman Gray stated that he felt the City should start charging a users fee for ball teams using the facilities of the park for league or tournament play. Council- man Gray submitted a proposal for fees and use. It was moved by Councilman Gray, seconded by Councilman Lentz that the policy of charging for use of the ball park for league and tournament play be approved by the City Council, and that the Park Board set up a proposed fee schedule to be reviewed by the City Council. Motion passed 5 to 0. Councilman Gray appointed by Mayor Reid to be liaison with the Park Board on this matter. HOUSTON PIPELINE COMPANY - ROAD CROSSING (OLD ALVIN ROAD RECONSTRUCTION PROJECT): City Manager Wicker advised the City Council that Houston Pipeline Company has noti- fied the City that it was crossing one of their pipelines in the construction pro- ject on Old Alvin Road. After discussion with officials of Houston Pipeline Company, they have agreed to pay for encasement of their line on the 40 feet of Old Alvin Road which was dedicated prior to their lines being installed, if we would pay for the additional 40 feet acquired to make Old Alvin Road extension an 80 foot right of way. The agreement states that the total cost of encasement would be approximately $23,090.00 with the City's portion to be $11,545.00 with additional payments to the pipeline company or refund to the City of Pearland, as appropriate. The work is to be done by Houston Pipeline Company and completed within ninety (90) calendar days from the date of execution of the agreement. m City Manager Wicker stated that the road will be crossing two other pipelines, and he was in the process of negotiation for casement of these lines. City Attorney Bobby Williams approved this agreement. It was moved by Councilman Mack, seconded by.Councilman McComb that the Agreement between the City of Pearland and the Houston Pipeline Company be approved, and the amount of money necessary be taken from the appropriate bond fund, and the Mayor be authorized to sign the agreement for the City. Motion passed 5 to 0. HOMEOWNER'S PERMIT FEES: No action was taken on this item. ORDINANCE NO. 414, AN ORDINANCE RESCINDING ORDINANCE NO. 234 - MINIMUM FINE ORDINANCE: Ordinance No. 414 read in caption by Mayor Reid. (First Reading) It was moved by Councilman Mack, seconded by Councilman Lentz that Ordinance No. 414 be passed and approved on first reading. Said Ordinance No. 414 reads in caption as follows: ORDINANCE NO. 414 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, REVOKING ALL AND SINGULAR THE PROVISIONS OF ORDINANCE NO. 234 HERETOFORE PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS 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. 106-1, AN ORDINANCE AMENDING CHAPTER 8 (CIVIL DEFENSE CODE) OF THE CITY OF PEARLAND. TEXAS: Ordinance No. 106-1 read in caption by Mayor Reid. (First Reading) It was moved by Councilman Lentz, seconded by Councilwoman Coppinger that Ordinance No. 106-1 be passed and approved on first reading. Said Ordinance No. 106-1 reads in caption as follows: ORDINANCE NO. 106-1 �... AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 8, ENTITLED CIVIL DEFENSE OF THE CODE OF OR- DINANCES OF THE CITY OF PEARLAND, TEXAS, BY ADDING AND DELETING SPECIFIC PROVISIONS CONTAINED IN SUCH CHAPTER: PROVIDING FOR AN EFFECTIVE DATE, AND CON- TAINING OTHER PROVISIONS 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. REPORT BY THE PLANNING AND ZONING COMMISSION ON APPLICATIONS 82 AND 83, LARRY LOESSIN AND ALVIN A. PAMPELL, AND CALL OF PUBLIC HEARING BEFORE THE CITY COUNCIL: Mayor Reid read into the records reports from the Planning and Zoning Commission dated July 24th wherein they recommended that the City Council approve the zone changes requested in these applications. It was moved by Councilman Mack, seconded by Councilman McComb that Public Hearings before the City Council be called for Applications 82 and 83 on August 25, 1980, at 7:30 P. M. under Docketed Public Hearings of the regular agenda. Motion passed 5 to 0. APPLICATION 85 - WAYNE MILLER: It was moved by Councilman McComb, seconded by Councilwoman Coppinger that a Public Hearing be called before the Planning and Zoning Commission for Application 85 on August 19, 1980, at 7:30 P. M. Motion passed 4 to 1. Councilman Gray opposed. ADJOURN: Meeting adjourned at 10:30 P. M. Minutes approved as submitted and/or corrected this the day of A. D., 1980. Mayor ATTEST: City Secretary X