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1980-08-11 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON AUGUST 11, 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 Terry Gray Ronald J. Wicker Bobby J. Williams Dorothy L. Cook The invocation was given by Ray Blaylock. The Pledge of Allegiance was led by Council- woman Coppinger. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman Gray that the minutes of a regular meeting held on July 28, 1980, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mr. Shum Kondo of Himi, Japan presented Mayor Reid with a greeting and gift from the Mayor of Himi, Japan. Mr. Kondo_explained that his group, which includes youths, is here on a program of Experience in International Living in Japan. This program is in 65 countries of the world. Mr. Joe Singleton, Civil Defense Disaster Coordinator, appeared before the City Council with a summary of events during the recent threat from Hurricane Allen. He made several suggestions on how the local civil defense operations could be improved in the future. He stated that the two main problems are in the emergency power supply and the shelter. He advised that the electrician who has been working on the generator here at the City Hall believes that we should have a 75 KW generator to adequately provide service during an emergency. Mr. Singleton stated that -the cost of a 75 KW generator would be $20,000 to 24,000. Mr. Singleton asked the Mayor to write letters of thanks to Mr. and Mrs. M. O. Knapp, and to Preston Bullard, School Superintendent and his staff, particularly Barbara Maynor and the cafeteria staff. Mr. Singleton stated that many other people, includ- ing city staff, police, fire, E.M.S., churches, etc. helped during this emergency. COUNCIL ACTIVITY REPORTS: Councilman McComb 'asked that the acquisition of Christmas Decorations from the Chamber of Commerce be placed on the next agenda. DEPARTMENTAL REPORTS: City Manager Wicker advised that we have a request from General Homes and U. S. Homes to discuss some possible changes in our drainage standards in their particular develop- ments. He asked that a workshop be set up to meet with these groups to discuss their pro- posals. City Manager Wicker reported on the progress of Orange Street, stating that they would be moving in tomorrow to start on the reconstruction of this street. This work should take about two weeks to complete. City Attorney Williams advised the Council that some 30 days have passed since the offer had been made to the Alexander Estate for purchase of property on the opening and extension of Old Alvin Road to intersect with John Lizer Road; and he asked that the Council authorize condemnation proceedings under Item No. 2 of Unfinished Business. Mr. Williams stated that the request for a rate increase by Community Public Service Company under Item 6 of New Business was the same type action taken on the H. L. & P., which was a resolution suspending the rate increase for a period of 120 days. Mr. Williams stated that under New Business, Item 12, an ordinance making the changes in the Code, as requested by the Electrical Board, was submitted to the City Council for consideration. CITIZENS: Mr. Ed Mallet, 3011 Chester Drive appeared before the City Council with a request that the City Council not consider the opening of Chester Drive to Fite Road as pre- viously requested by come citizens in Corrigan Addition. Mr. Mallet also advised that, at times, there are twenty or more children playing on bikes, or dirt bikes, through the ditch, into his yard, and in the street in this area. He advised that they were destroying property, and that the noise was terrible. �. Mr. Mallet was advised to contact the City Attorney for proper action in this matter. Mayor Reid advised that he would like to approach the President of the Civic Club, and ask him to evaluate, through the Civic Club, and make recommendations on the street opening, dirt bikes and noise. Mayor Reid asked Mr. Batt, 2009 North Galveston Avenue, to wait until later in the meeting, after the item regarding drainage tile on Galveston Avenue was reviewed by the City Council. DOCKETED PUBLIC HEARINGS: None. UNFINISHED BUSINESS: DRAINAGE ON GALVESTON FROM ORANGE TO DRAINAGE DITCH: City Manager Wicker advised the City Council that he has again reviewed the drainage for the Old Townsite, generally being, the drainage that will take care of that por- tion of the Old Townsite bordered by Orange Street, Highway 35, Highway 518 and the Old Alvin Road. All of the water is now concentrated at the Southwest corner of Old Alvin Road and Orange Street. The City Engineer's plan is to divert some of the water to the Gal- veston Avenue and Orange Street area, and the problem, at this time, is that it would require 500 feet of open ditch and 300 feet of culvert, and the ditch along the 2200 block of Galveston Avenue would be about 36 inches deeper than it is at present. HI To cover this ditch would require an expenditure of approximately $7,200.00. Mayor Reid stated that the present policy of the City is to have the citizen who wants drain tile in front of his home pay for the tile, and the drainage district install the cover, however, in this case the project would benefit an overall area for drainage and was not at the request of the property owners along this section of r` Galveston Avenue. It was moved.by Councilman McComb, seconded by Councilman Lentz that the City install approximately 600 feet of 30" concrete drain pipe on the West side of Galveston Avenue, running from Orange Street to the outfall ditch, and that the City of Pearland assume the entire financial obligation of approximately $7,200.00, that the pipe be covered and leveled as requested by the citizens, and the purchase be made through the Inter- governmental Cooperation Act using the Drainage District or County bids. Motion passed 5 to 0. MEETING RECESSED 8:30 P. M. - RECONVENED 8:45 P. M. CITIZENS:(CONTINUED) Mr. Batt appeared before the City Council, and thanked the members for their action. Mr. Gene Shannon, a resident in this block on Galveston Avenue,.`expressed his thanks for the action of the City Council in placing drain tile in the ditch. CHANGE IN ORDER OF BUSINESS: NEW BUSINESS: RECOMMENDATION FROM PARK BOARD ON RULES AND REGULATIONS FOR CITY PARKS: Mr. Leroy Savoie, Chairman of the Park Board, appeared before the City Council and read the following letter from the Board; August 7, 1980 HONORABLE MAYOR & CITY COUNCIL City Hall Pearland, Texas 77581 Dear Members: The Pearland Park and Beautification Board met on Saturday, August 2, 1980, and discussed the sale of alcoholic beverages in City parks. Their decision.was to recommend to the City Council that the sale of alcoholic beverages be allowed on Founders Day and the Fourth of July only, with the consent of City Council. The Board now presents this recommendation to the City Council for their consideration. Yours truly, Leroy Savoie, Chairman Pearland Parks & Beautification Board A letter to the Park Board from the Rotary Club requesting permission to sell beer on Founders Day in Independence Park was submitted with the above letter. REQUEST BY CHAMBER OF COMMERCE FOR USE OF INDEPENDENCE PARK AND PERMISSION FOR SALE OF ALCOHOLIC BEVERAGE:(BEER): It was moved by Councilman Mack, seconded by Councilman McComb that the request for use of Independence Park on Founders Day, 1980, by the Chamber of Commerce be granted; and the sale of alcoholic beverage this time b g g y granted to the Rotary Club. Motion passed 5 to 0. APPOINTMENT OF KAY KROUSE AS ASSISTANT CITY SECRETARY: City Manager Ron Wicker recommended that Kay Krouse be appointed as an Assistant City Secretary. It was moved by Councilman McComb, seconded by Councilman Lentz that Kay Krouse be appointed as an Assistant City Secretary. Motion passed 5 to 0. Mayor Reid administered the oath of office to Kay Krouse. CHANGE IN ORDER OF BUSINESS: UNFINISHED BUSINESS: AUTHORIZATION TO PROCEED WITH ACQUISITION OF NECESSARY RIGHT OF WAY FROM THE C. H. ALEXANDER ESTATE FOR THE CONSTRUCTION, OPENING AND EXTENSION OF OLD ALVIN ROAD TO INTERSECT WITH JOHN LIZER ROAD: City Attorney Williams asked that he be granted the authority to draft an ordinance to proceed with the condemnation of this property. It was moved by Councilman Gray, seconded by Councilman McComb that the City Attorney draft the necessary ordinance for condemnation for the acquisition of the necessary right of way from the C. H. Alexander Estate for the construction, opening and ex- tension of Old Alvin Road for the intersection of John Lizer Road. Motion passed 5 to 0. ORDINANCE NO. 414, AN ORDINANCE REVOKING ORDINANCE NO. 234, MINIMUM FINE ORDINANCE: Ordinance No. 414 read in caption by Mayor Reid. (Second Reading) It was moved by Councilwoman Coppinger, seconded by Councilman Gray that Ordinance No. 414 be passed and approved on second and final 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, Council- man McComb and Councilman Gray. Voting "No "- None Motion passed 5 to 0. ORDINANCE NO. 106-1, AN ORDINANCE AMENDING PORTIONS OF CHAPTER 8 OF THE CODE OF ORDINANCES - CIVIL DEFENSE CODE: Ordinance No. 106-1 read in caption by Mayor Reid. (Second Reading) It was moved by Councilman Lentz, seconded by Councilwoman Coppinger that Ordinance No. 106-1 be passed and approved on second and final reading. Said Ordinance No. 106-1 reads in caption as follows: C2 ORDINANCE NO. 106-1 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 8, ENTITLED CIVIL DEFENSE OF THE CODE OF ORDI- NANCES OF THE CITY OF PEARLAND, TEXAS, BY ADDING AND DELETING SPECIFIC PROVISIONS CONTAINED IN SUCH CHAPTER: PROVIDING FOR AN EFFECTIVE DATE, AND CONTAINING 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. NEW BUSINESS: APPROVAL OF PRELIMINARY PLAT OF SOUTHDOWN, SECTION I: City Manager Wicker advised the City Council that at the last meeting of the Planning and Zoning Commission the Preliminary Plat of Southdown, Section I, by U.S. Homes, was approved. The Plat is in order and ready for Council consideration. The dupli- cation in a street name "Westminister Drive" will be changed to "Lambeth Drive". The representative of U. S. Homes present at the meeting advised the Council that through the use of retention ponds in this development, no more water would be go- ing into the Creek than is at present. It was brought out by the City Council that dedication to the Brazoria County Drainage District No. 4 on the outfall ditch should not only be the portion to cover drainage of this first section, but the entire dis- tance to the creek. (60 feet existing, 80 feet additional) U. S. Homes' representative advised that this dedication would be made to the Drainage District prior to the final on this first section. The width of Lambeth Drive was discussed, and the Coun- cil felt that this street should be classified as a collector street with a minimum width of at least 70 feet. It was moved by Councilman Gray, seconded by Councilman McComb that the Preliminary Plat of Southdown, Section I, be approved with the exception of Lambeth Drive being made a minimum 70 foot right of way. Motion passed 5 to 0. REVIEW OF PLANS & SPECIFICATIONS FOR WATER LINE IN THE WESTFIELD - DIXIE FARM ROAD AREA AND AUTHORIZATION TO BID PROJECT: Malcolm Collins, City Engineer, presented plans and specifications for the project. A discussion was held with the Engineer regarding the number of pipelines and depth of these lines crossing this project. It was moved by Councilman Lentz, seconded by Councilman McComb that the staff be authorized to advertise for bids on this project. with modifications on the plans and Specifications as discussed with the City Engineer. The bids to be opened at 12:00 Noon on September 5, 1980. Motion passed 5 to 0. REVIEW OF BIDS RECEIVED ON B80-7, SANITARY SEWER LINE ON ALICE STREET - HALIK ROAD AND AWARD OF BID: The following bids were received on this project; BIDDERS NAME BASE BID WORKING DAYS BID Bellewood Construction Co., Inc. $123,705.00 90 Elder Construction, Inc. 62,953.05 30 Ben Felts Utilities 75,334.00 30 Knox & Briscoe Construction Co. 74,824.00 45 Jess Lovelace Construction Co. 92,307.00 90 Money's Utility Construction 73,315.00 90 Paving Services, Inc. 56,098.48 60 David Wight Construction Co., Inc. 59,520.50 35 B. & T. Contracting 71,712.70 60 Utilitec, Inc. 52,240.81 120 J. M. Sparkman 75,143.00 75 City Engineer Malcolm Collins recommended that Utilitec, Inc. be awarded the bid as the lowest and best bid. It was moved by Councilman McComb, seconded by Councilman Lentz that the sanitary sewer line project on Alice Street - Halik Road be awarded to Utilitec, Inc. in the amount of $52,240.81 and that the money be appropriated from the Sanitary Sewer Bond Fund, and the Mayor be authorized to sign the contract. Motion passed 4 to 0. Councilman Gray not present in the Council Chambers at this time. ENGINEERING ESTIMATES: It was moved by Councilman Lentz, seconded by Councilman McComb that Estimate No. 5 in the amount of $59,910.44 to the Bellewood Construction Company for the Sanitary Sewage System Collection System Rehabilitation, and Estimate No. 2 in the amount of $48,433.75 to Galin Construction. Company for Street Improvement to the Old Alvin Road Extension be approved for payment out of the appropriate bond funds. Motion passed 5 to 0. RESOLUTION NO. R80-19, A RESOLUTION APPROVING CLAIM AND AUTHORIZING TIME WARRANTS TO BE ISSUED IN THE AMOUNT OF $2,000.00 TO COENCO, INC. (DRAINAGE STUDY): Resolution No. R80-19 read in full by Councilwoman Coppinger. It was moved by Councilwoman Coppinger, seconded by Councilman Mack that Resolution No. R80-19 be passed and approved on first and only reading. Said Resolution No. R80-19 reads in caption as follows: RESOLUTION R80-19 A RESOLUTION APPROVING CLAIM FOR PERSONAL SERVICES IN THE DEVELOPMENT OF A DRAINAGE STUDY FOR THE CITY OF PEARLAND, TEXAS: AUTHORIZING THE DELIVERY OF TIME WARRANTS FOR THE PAYMENT OF SUCH CLAIM: CONTAINING OTHER PROVISIONS RELAT- ING TO THE SUBJECT AND PROVIDING THAT THIS RESOLUTION SHALL BE EFFECTIVE UPON AND AFTER ITS ADOPTION. Voting "Aye" - Councilman Lentz, Councilwoman Coppinger, Councilman Mack and Council- man McComb. Voting "No " - None Motion passed 4 to 0. Councilman Gray not present at this time. RESOLUTION NO. R80-20, A RESOLUTION SUSPENDING RATE CHANGES REQUESTED BY THE COMMUNITY PUBLIC SERVICE COMPANY: Resolution No. R80-20 read in full by Councilman Lentz. It was moved by Councilman Lentz, seconded by Councilman McComb that Resolution R80-20 be passed and approved on first and only reading. r` Said Resolution No. R80-20 reads in caption as follows: RESOLUTION R80-20 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, SUSPENDING RATE CHANGES HERETOFORE FILED BY COMMUNITY PUBLIC SERVICE COMPANY; PURSUANT TO SECTION 43(d) OF THE PUBLIC UTILITIES REGULATORY ACT, ARTICLE 144C, TEXAS REVISED CIVIL STATUTES. Voting "Aye" -Councilman Lentz, Councilwoman Coppinger, Councilman Mack and Councilman McComb. Voting "No "-None. Motion passed 4 to 0. Councilman Gray not present at this time. REPORT FROM PLANNING AND ZONING COMMISSION ON APPLICATION NO. 84, RUBEN GUERRA AND CALL OF PUBLIC HEARING BEFORE THE CITY COUNCIL: Mayor Reid read a letter from the Planning and Zoning Commission,. dated August 8, 1980, wherein they recommended that the request for a zone change made by Ruben Guerra, Application No. 84, be denied. It was moved by Councilwoman Coppinger, seconded by Councilman. Mack that a Public Hearing be called before the City Council on Application 84 Qn September 8, 1980, at 7:30 P. M. Motion passed 4 to 0. Councilman Gray not present at this time. PUBLIC HEARING ON APPLICATION NO. 86, RONALD HAUSMAN: It was moved by Councilman Mack, seconded by Councilwoman Coppinger that a Public Hearing be called before the Planning & Zoning Commission on Application No. 86, Ronald Hausman for September 2, 1980, at 7:30 P. M. Motion passed 3 to 0. Councilman Lentz abstained. Councilman Gray not present at this time. FIRST READING OF ORDINANCE NO. 110D-3, AMENDMENT TO THE ELECTRICAL CODE: Ordinance No. 11OD-3 read in caption by Mayor Reid. (First Reading) It was moved by Councilman Mack, seconded by Councilman McComb that Ordinance No. 11OD-3 be passed and approved on the first of two readings. Said Ordinance No. 11OD-3 reads in caption as follows: ORDINANCE NO. 11OD-3 AN ORDINANCE AMENDING CHAPTER 9, OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, BY ADDING AND DELETING SPECIFIC SECTIONS AND DIVI- SIONS CONTAINED THEREIN, PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilman McComb, Councilman Mack, Councilwoman Coppinger and Coun- cilman Lentz. Voting "No if - None Motion passed 4 to 0. Councilman Gray not present at this time. ADJOURN: Meeting adjourned at 10:05 P. M. Minutes approved as submitted and/or corrected this the day of A. D., 1980. Mayor ATTEST: City Secretary M/