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1980-10-13 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 13, 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 Alfred Lentz Fran Coppinger Carlton McComb Terry Gray Ronald J. Wicker Bobby J. Williams Dorothy L. Cook The invocation was given by Mayor Reid. The Pledge of Allegiance was led by Council- man Charles R. Mack. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman Gray that the minutes of the regular meeting held on September 22,1980, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid reported that the Odd -Even Water Conservation Plan was working well and commended the citizens for their cooperation in this matter. Mayor Reid asked Councilman Gray to investigate, identify and bring together a list of capital improvement needs facing the City, and also over a period of time determine how we might approach the idea of accomplishing and implementing some of these very needed capital improvements. Councilman Gray has.received input from the Planning & Zoning Commission and members of the City Council on this project. COUNCIL ACTIVITY REPORTS: None. DEPARTMENTAL REPORTS: None. CITIZENS: Donnell W. Smith - 5518 Cunningham, appeared before the City Council with a request for the City to consider passing an ordinance requiring homeowners to fence around existing swimming pools at their homes as well as future pools built in the City. He advised the City Council that a near tragedy occurred recently when a young child fell into an unfenced pool. Mayor Reid asked the City Manager and City Attorney to investigate the possibility of passing such an ordinance and report back with recommendations to the City Council. Councilman McComb volunteered to work with Mr. Wicker and Mr. Williams on such an ordinance. 113 Evan Middleton - 5306 Groveton, representing the Corrigan Civic Club, reported that the City Council asked the Corrigan Civic Club to make a recommendation regarding whether or not Chester Drive should be opened to Fite Road. He advised that notice of the meeting at which this matter was to be discussed was delivered to each home in Corrigan South and Corrigan North Subdivisions. On the night of the meeting a quorum was present and all present were given an opportunity to speak either for or against the opening of this street. After closed type balloting, the decision by the membership was 15 voted no, 13 voted yes and 2 undecided. Based on this decision made by the membership, Mr. Middleton advised that the Civic Club recommended that this matter be tabled for the present. Mr. S. V. Ivy - 5201 Shank Road, representing the following: S. V. & Jeannine Ivy, Wilma B. Pease and Roy Castello, all residents of Shank Road spoke before the City Council regarding the condition of Shank Road, need for street lights and street signs and various other problems encountered by Citizens living along the road. Mr. Ivy reported that trucks going to and from a business located outside the city limits, at the end of Shank Road were turning around in private driveways along Shank Road. Also, he reported that this firm, not located in the City, was receiving water and sewer service from the City. He asked for any help the City could give the residents along this road with their problems. Mayor Reid advised Mr. Ivy that his complaints would be investigated and asked him j._ to return at the next regular meeting. i DOCKETED PUBLIC HEARINGS: 1. Land Use Change Application No. 86 - Ronald Hausman - PU to R-2 and Plan Approval. Abstract III, Tract 2A, 2B - 1A, 2C and 2D, Perry & Austin Survey containing 26.1134 acres, Pearland, Texas. PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: John Garner, Engineer for the Developer, Ronald Hausman spoke before the City Council and advised that he would be glad to answer any questions they might have concerning this requested zone change. Mr. Hausman's secretary was present and advised that she would be glad to answer any questions regarding this matter. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: Noel Findley - 308 Stonehenge, Friendswood, Texas - representing the Whitehall Civic Club spoke in opposition. He advised that his subdivision was flooded twice last year and that this proposed subdivision would generate more flooding without additional drainage. I Lewis A. Florer - 304 Avondale, Friendswood, Texas - Mr. Florer stated that if we could get the present drainage improved it might be alright, however, with the present drainage conditions he is opposed to the subdivision. Jim Wells - 705 Huntington, Friendswood, Texas - Mr. Wells spoke in opposition due to drainage and additional traffic. Councilwoman Vickie Black of Friendswood - Councilwoman Black stated that she lived in Kingspark - Whitehall Subdivision and she advised that the roads leading into this proposed subdivision have been barricaded by the City of Friendswood. QUESTION AND ANSWER PERIOD: Councilwoman Black was asked if any discussion has been held regarding the City of Friendswood servicing this subdivision with water and sewage. She advised that it has been discussed, but that no decision has been made. The only decision by the City of Friendswood was to barricade the roads. The City of Friendswood does not at this time have adequate sewer service to serve this area. Mr. Garner, Engineer for the developer explained the use of holding ponds in the _ development of this property. The water from the subdivision would go from the subdivision to the holding pond thence into the Marys Creek By -Pass. Mr. Garner advised that on sewage service to the subdivision they planned, at the present time, for a lift station that would pump the sewage down Highway 518 to the Pearland sewer system. The water system could be tied into Pearland or Friendswood. City Manager Wicker advised that we have adequate capacity in the water since we have a 10 inch line on Highway 518, however, on the sewage, we would be taking a pressure line from a lift station and putting it into a pressure line, and we would have to have the City Engineer determine whether or not this would work. Mr. Garner advised the City Council that the developer was willing to absorb all of the costs for extension of water & sewer lines from the present area serviced by the City. Mr. Garner stated that he has calculation on how much water the holding ponds would accomodate. COMPLETE TAPE ON FILE IN OFFICE OF CITY SECRETARY. HEARING ADJOURNED DOCKETED PUBLIC HEARINGS: (CONTINUED) 2. Land Use Change Application No. 87 - Victor Sturm, owner - R-2 to OP Lot 14 in the Darlinda Addition, Pearland, Texas. PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: None PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: Victor Milan - 4601 Ray Street - Mr. Milan presented deed restrictions showing that all of the lots in Darlinda Addition would be kept residential. He expressed his opposition to this requested zone change. T. F. Cobb - 4611 Ray Street - opposed to the zone change. Mrs. Gordon Cannon - 4609 Ray Street - opposed to the zone change. Mrs. A. L. Benson - 4610 Ray Street - opposed to the zone change. M. L. Thompson - 4614 Ray Street - opposed to the zone change. Earl Nugent - 2503 Ray Street - opposed to the zone change. A petition was submitted by the residents along this street in opposition to this zone change. This petition was read into the records by Councilman Gray. QUESTION AND ANSWER PERIOD: None COMPLETE TAPE ON FILE IN THE OFFICE OF THE CITY SECRETARY HEARING ADJOURNED. 115 DOCKETED PUBLIC HEARINGS: (CONTINUED) 3. Land Use_Change Application No. 88 - Mark E. Jones & Jimmy J. Mize, Agents for Hardie R. Barr. Owner - NS to GB: Lots A & B, Commercial Tract A, Shadycrest Subdivision, Pearland, Texas. r PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: 1 Mark E. Jones - 3114 Bishopton - Mr. Jones advised the City Council that he and his partner, Jimmy J. Mize planned to open an automobile accessory store if the zone change was approved. Hardy R. Barr - 2601 Taylor Lane - Mr. Barr, owner of the property, advised that this property was set aside on the Shadycrest Plat as commercial reserve and the operation of the proposed business would not be in violation of the deed restriction. PERSONS WISHING TO SPEAK AGAINST THIS PROPOSED CHANGE: None QUESTION AND ANSWER PERIOD: An inquiry was made by Councilman McComb regarding the installation of a fence along c the back of the property and Mr. Barr advised that a fence would be installed in this area. Councilwoman Coppinger inquired whether or not the area around this particular piece of property was zoned NS. She was advised that it was. COMPLETE TAPE ON FILE IN THE OFFICE OF THE CITY SECRETARY. HEARING ADJOURNED: CHANGE IN ORDER OF BUSINESS: COUNCIL DECISION ON APPLICATIONS 86 - RONALD HAUSMAN, 87 —VICTOR STURM AND 88 - MARK E. JONES AND JIMMY J. MIZE, AGENTS FOR OWNER HARDY R. BARR: It was moved by Councilman Lentz, seconded by Councilman McComb that Application No. 87, Victor A. Sturm, be denied because of the recommendation of the Planning & Zoning Com- mission. Motion passed 5 to 0. It was moved by Councilman McComb, seconded by Councilman Gray that the appropriate ordinance be prepared by the City Attorney for the City Council to consider on Appli- cation No. 88, Jones & Mize, Agents for Hardie Barr, owner. Motion passed 4 to 1. Councilwoman Coppinger opposed. MEETING RECESSED 8:55 P. M. - RECONVENED 9:05 P. M. Due to the complexity of Application No. 86, Ronald Hausman, owner, and the many un- answered questions the Mayor appointed a Committee of Councilman Mack and City Manager Wicker to work with John Garner, Engineer in resolving some of the problems and place this item back on the agenda at a later date. CHANGE IN ORDER OF BUSINESS: UNFINISHED BUSINESS: CALL OF PUBLIC"HEARINGS.;ON H. L. &'P. REQUEST FOR RATE INCREASE AND COMMUNITY PUBLIC SERVICE COMPANY'S REQUEST FOR RATE INCREASE: City Attorney Williams advised the City Council that hearing dates need to be set on these requests in order to meet the Charter requirements. It It was moved by Councilman McComb, seconded by Councilman Lentz that Public Hearings on the requests of Houston Lighting & Power Company and Community Public Service Company for rate increases be held on October 27, 1980, at 7:30 P. M. under Docketed Public Hearings of the regular agenda. Motion passed 5 to 0. COUNTRYPLACE SECTION II. - PRELIMINARY PLAT: Councilwoman Coppinger read into the records of the City the following letter, dated October 9, 1980, from C. Douglas A. Crawley of Homecraft: October 9, 1980 Mr. Ron Wicker City Manager Post Office Box 1157 Pearland, Texas 77581 RE: Countryplace, Sections I and II Platting Dear Mr. Wicker: The purpose of this letter is to outline the resulting agreements from the workshop of October 6, 1980, and as Mayor Reid suggested, to submit a tentative proposal con- cerning the paving of McHard Road. My understanding of the items agreed to are as follows: 1. Included in the Countryplace, Section II preliminary plat will be the 105' drainage easement which is necessary for the widening of Clear Creek. 2. The final plat of Countryplace, Section I will include the drainage easement from the freeway reserve tract to Clear Creek and the first phase of the de- tention pond. 3. The Countryplace, Section II preliminary plat will also include the McHard Road right-of-way from the overpass to the western edge of the drainage channel right-of-way. Mayor Reid, the Pearland City Council and you had agreed to the concept of paving McHard Road in stages; however, you were not agreeable to attaching the part east of the overpass to the final section of Southdown. You had also asked that Home - craft submit a proposal to pave the northern side of McHard Road from the overpass to the western edge of the ditch simultaneously with the development of the last section of Countryplace, Section II and the corresponding southern side with the development of the last section of Countryplace, Section I. In addition, the north- ern side of McHard Road from the eastern side of the ditch to FM 518 would be paved with the development of the final section of Southdown. The economics of this have been reviewed and Homecraft is agreeable to paving McHard Road in this manner except that it is proposed that both sides of McHard Road from the overpass to the western edge of the drainage right-of-way will be paved with the development of the last section in the Countryplace, Section II preliminary plat. This would give Homecraft a small amount of additional time and let us realize the savings of paving both parts under the same contract. It is also proposed that the Countryplace, Section II preliminary plat depict the provisions for.. emergency access from Countryplace, Sections I and II. Hopefully the above proposal will be agreeable and acceptable to you, the Pearland City Council and the Mayor. Please include this on the agenda for your next meeting. If you have any questions or need additional information, please contact me. Sincerely, G. Douglas A. Crawley GDAC:dmo 117 City Manager Wicker advised the City Council that a representative of U. S. Homes was present at the meeting. MEETING RECESSED 9:30 P. M. - RECONVENED 9:35 P. M. It was moved by Councilman McComb, seconded by Councilman Lentz that the City accept the preliminary plat of Countryplace, Section II, without agreeing to the terms that are included in the letter dated October 9, 1980, from G. Douglas A. Crawley of Home - craft. Motion passed 5 to 0. It was pointed out that this plat needed to go back to the Drainage District for signatures. NEW BUSINESS: B80-9, OPERATION OF SANITARY LANDFILL, B80-10, EXCAVATION OF SANITARY LANDFILL PIT AND B80-11, NEW OR USED HYDRAULIC EXCAVATOR: The following bid was received on B80-9: ITEM NO. QUANTITY DESCRIPTION UNIT PRICE TOTAL 1. 12 months To provide necessary super- $3,900.00 $46,800.00 intendence, labor & suitable compaction equipment for the Monthly Rate compaction, immediate cover, & final cover of all solid waste materials deposited in sanitary landfill. 2. Approximately Dozer Time - Case 450 or First 10 20 hours per equivalent. For extra work hours per month not covered in item one month are (1) above. no charge $30.00 $300.00 Hourly rate 3. *2 Machines To provide for a 3 foot $30.00 $ 60.00 clay liner with proper per hour compaction for prevention of leakage on one pit, size 400 feet in length, 120 feet wide, 15 feet deep. * 1150B Dozer - $30.00 per/hr. 1150 Loader- $30.00 per/hr. Paul Pondish, Director of Sanitation recommended that the City Council accept the bid of John Jamison, dba J. & J. Construction Company. The following bid was received on Bid No. B80-10: Excavation of Sanitary Landfill Pit - $ .78 per cubic yard Paul Pondish, Director of Sanitation recommended that the City Council accept the bid of John Jamison, dba J. & J. Construction Company for excavation of the landfill pit. It was moved by Councilman Mack, seconded by Councilman Gray that Bid No. B30-9 in the amount of $3,900.00 per month for a twelve month period, Dozer time $30.00 hourly rate (first 10 hours per month/ no charge), and provide for a 3 foot clay liner for a unit price of $30.00 per hour, per machine (two machines) be awarded to John C. Jamison, dba J. & J. Construction Company. Also, that Bid No. B80-10 for the ex- cavation of one sanitary landfill pit in the amount of 78� per cubic yard for approximately 25,000 cubic yards be awarded to John C. Jamison, dba J. & J. Construc- tion Company. Motion passed 5 to 0. The following bids were received on Bid No. B80-11: CLEAR CREEK DRAINAGE DISTRICT: One (1) T644 Used 1973 Bantam Teleskoop - TOTAL PRICE --- $38,000.00 HI -WAY EQUIPMENT COMPANY: One (1) New Warner & Swasey Model G-440 Gradall - TOTAL PRICE --- $101,060.00 Alternate bid: One (1) Used Warner & Swasey Model G-440 Gradall - TOTAL PRICE --- $ 42,500.00 Paul Pondish recommended to the City Council that the alternate bid of Hi -Way Equip- ment Company in the amount of $42,500.00 less 2% net 15 days for one (1) used Warner & Swasey Model G-440 Gradall be accepted. It was moved by Councilman Gray, seconded by Councilwoman Coppinger that Bid No. B80 - ll be awarded to Hi -Way Equipment Company in the amount of $42,500.00 for one used Warner & Swasey Model G-440 Gradall Excavator. Motion passed 5 to 0. ENGINEERING ESTIMATES: It was moved by Councilwoman Coppinger, seconded by Councilman McComb that the Final Estimate for Bellwood Construction Company in the amount of $21,854.45 for Rehabilitation of Sanitary Sewer Lines, and Monthly Estimate No. 1 for Utilitec, Inc. for Sanitary Sewer Lines on Halik Road - Alice Street in the amount of $10,131.21 be approved for payment from the appropriate bond funds. Motion passed 5 to 0. TRIAL PERIOD FOR USE OF LANDFILL ON.SATURDAYS,.AND: RRQUEST:$Y MANVEL FOR .USE ON TWO WEEKENDS FOR CLEAN-UP PROGRAM: City Manager Wicker recommended that the landfill be opened to the citizens of Pear - land on Saturdays for a three month trial basis. This would accomodate citizens who are cleaning out garages, etc. on Saturday and would be open between the hours of 9 A.M. and 4 P. M. This would be for trash only and a valid driver's license and a water bill receipt from the City of Pearland would be required. Builders would be permitted to haul construction debris for a charge of $5.00 per cubic yard and the same identification would be required. City Manager Wicker stated that he felt that this might lighten the special trash pickups handled by the Sanitation Department on Wednesdays. The City of Manvel, by letter dated 10-4-80, requested permission to use the landfill for two clean-up weekends. It was moved by Councilman Mack, seconded by Councilman McComb that the City Council approve the trial period for three months for use of the landfill for trash dumping by citizens on Saturday from 9:00 A.M. to 4:00 P.M. at no cost with proper indentifi- cation, and that the request by Manvel for the use of the landfill on two weekends for a clean-up program be granted. Also, that approval of the dumping of commercial trash by builders within the City of Pearland be granted, as long as they obtain a permit and p pay .$5.00 per cubic yard.. Motion passed 5 to 0. AUTHORIZATION TO BID RECONSTRUCTION OF DIXIE FARM ROAD: City Manager Wicker stated that sometime ago some $80,000.00 was reallocated from the revenue sharing fund to cover paving and drainage of various streets in areas of the City. He advised that we have approximately $60,000.00 left in this allocation and suggested that it be used for the reconstruction of Dixie Farm Road from Highway 518 to the South City Limits. After a discussion regarding the construction, the amount of truck traffic on this road and Old Alvin Road and the fact that some streets in the Old Townsite need to be resurfaced, it was decided that a workshop should be held to determine the best use of these funds. RESCHEDULE OF CITY COUNCIL MEETING ON NOVEMBER 10, 1980, DUE TO THE T.M.L. CONVENTION: It was moved by Councilman McComb, seconded by Councilman Lentz that the regularly scheduled City Council meeting of November 10, 1980, be changed to November 6, 1980. Motion passed 5 to 0. CALL OF A PUBLIC HEARING TO COMPLY WITH REGULATORY POLICIES ACT OF 1978: City Attorney Williams advised that a public hearing would need to be called before November 9, 1980, in order that compliance with this Act-on>_Energy'Conservation could be met by the City. It was moved by Councilman Lentz, seconded by Councilman McComb that a public hearing be called before the City Council for November 3, 1980, at 7:30 P. M. on the Regulatory Policies Act of 1978, and that the City Attorney be present at this hearing. Motion passed 5 to 0. AUTHORIZATION FOR CITY MANAGER OR HIS DESIGNATED REPRESENTATIVE TO SET DATES FOR PTTRT.Tr• RR.ARTMaR nN 7.nNR. rWAMr VS It was moved by Councilman Gray, seconded by Councilman Lentz that the City Manager or his designated representative be authorized to call Public Hearings on Applications for zone changes. �- Motion passed 5 to 0. REPORT FROM PLANNING & ZONING COMMISSION AND CALL OF A PUBLIC HEARING BEFORE THE CITY COUNCIL ON APPLICATION NO. 89, HELEN RINK, AGENT FOR JACK ALEXANDER, OWNER - PU TO MF: A report was read from the Planning and Zoning Commission dated October 9, 1980, wherein they recommended that Application No. 89, Helen Hink, Agent for owner Jack Alexander, be approved for a zone change from PU to MF. It was moved by Councilman McComb, seconded by Councilman Mack that a Public Hearing be called before the City Council on November 6, 1980, under Docketed Public Hearings of the regular agenda for Application 89, Helen Hink, Agent for owner Jack Alexander. Motion passed 5 to 0. FIRST READING OF ORDINANCE NO. 246-65, WAYNE MILLER - APPLICATION NO. 81: Ordinance No. 246-65 was read in caption by Mayor Reid. (First Reading) It was moved by Councilman Mack, seconded by Councilman Lentz that Ordinance No. 246- 65 be passed and approved on first of two readings. Said Ordinance No. 246-65 reads in caption as follows: ORDINANCE NO. 246-65 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. SPECIFICATIONS FOR DESIGN AND CONSTRUCTION OF STORM SEWERS: i Mayor Reid not present in the Council Chambers at this time. Mayor Pro Tem Charles R. Mack presiding. Mayor Pro Tem Mack advised that the revision before the Council was the end result of Committee work and that he recommended that the City Council pass this revision. It was moved by Councilman McComb, seconded by Councilman Gray that the Revised City of Pearland Specifications for the Design and Construction of Storm Sewers as submitted to the City Council by the Committee be approved. Motion passed 4 to 1. Councilwoman Coppinger opposed. Councilwoman Coppinger stated that she would like to workshop this item. OTHER BUSINESS: EXECUTIVE SESSION - 10:30 P. M. Texas Open Meetings Law - Section 2, Subsection (e) Legal and Section 2, Subsection (g) personnel. RETURNED TO OPEN SESSION AT 11:25 P. M. DISPOSITION OF ARBITRATION ON INTERURBAN PIPELINE COMPANY: It was moved by Councilman Gray, seconded by Councilwoman Coppinger that the award of the arbitrator to Interurban Pipeline Company in the amount of $5,500.00 be approved and paid immediately. Motion passed 5 to 0. SUBDIVISION ORDINANCE AMENDMENT: This item passed until a future agenda. ADJOURN: Meeting adjourned at 11:30 P.M. Minutes approved as submitted and/or corrected this the Jy day of �4� A. D., 1980. Mayor ATTEST: City Secretary