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1980-10-27 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 27, 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 Tom Reid Councilman/Mayor Pro Tem Councilman Councilwoman Councilman Councilman City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: 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 City Attorney Bobby J. Williams. The Pledge of Allegiance was led by Dr. Mike Allen. CHANGE IN ORDER OF BUSINESS: REVIEW AND POSSIBLE AWARD OF BID NO. B80-12, TWO REFUSE COLLECTION TRUCKS: Mayor Reid recommended that this item be delayed until after the T.M.L. Meeting in November to enable the City Council to look at some of the refuse trucks on exhibit there. It was moved by Councilman Gray, seconded by Councilman McComb that action on Item No. 2 of New Business, titled review and possible award of Bid No. B80-12 be post- poned until the first regular meeting following the T.M.L. Convention. Motion passed 5 to 0. CHANGE IN ORDER OF BUSINESS: APPROVAL OF MINUTES: It was moved by Councilwoman Coppinger, seconded by Councilman Lentz that the minutes of the regular meeting held of October 13, 1980, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: SPOTLIGHT - Pearland Lions Club represented by Dr. Mike Allen, President: Dr. Allen outlined a brief history of the Lions Club and its activities in the City since it was chartered by the International. He invited all to attend the Turkey Shoot to be held on November lst and 2nd. Mayor Reid presented a Proclamation to Dr. Allen designating November 1st and 2nd as Lions Club Appreciation Days in Pearland. Mayor Reid read a letter from the Municipal Finance Officers Association dated September 24, 1980, advising that the City of Pearland's comprehensive annual finan- cial report for the fiscal year ending September 30, 1979, qualifies for a Certifi- cate of Conformance in Financial Reporting. When a Certificate of Conformance is awarded to a governmental unit, an Award of Financial Reporting Achievement is also presented to the individual designated by the governmental units as primarily responsible for its having earned the certificate. Mayor Reid presented this Certificate to Mrs. Dorothy Thompson, City Treasurer. Mayor Reid issued a Proclamation designating a Greet and Treat Day for Halloween. Mayor Reid read a letter from Omer Poorman, District Engineer of the State Department of Highways and Transportation advising that they would recommend that the project of widening of Highway 518 from Westminister Drive to Friendswood City Limits be moved up on their planning program and would be considered as soon as possible. COUNCIL ACTIVITY REPORTS: Councilman McComb reported that the Committee working on the ordinance requiring fencing of swimming pools in the City has reviewed Houston's ordinance, however, fur- ther study will be required.. A copy of Nassau Bay's ordinance_is to be obtained for the Committee's study. DEPARTMENTAL REPORTS: City Manager's Report on Shank Road: City Manager Wicker advised the City Council that during the past two weeks the City has tried to get things going on the various requests made by citizens at the last meeting of the City Council. - The Street Department is planning to try to improve the maintenance condition of the road by the grading process and will be trying to reshape this road. As far as the trucks using this roadway traveling to Wemco, Mr. Wicker advised that he had the Building Inspector take a picture of the sign on their gate which pretty well establishes the position they want to take regarding employees cars and delivery trucks. A letter has been prepared asking Houston Lighting & Power Company to install two street lights on Shank Road. A dead-end sign has been placed on this road as you turn off Mykawa Road. We plan to put up signs showing the speed limit to be 30 m.p.h. on this road. He advised that the City is also working on the replacement of 24 incl1, culvert that is presently on Shank Road. We did not look into the opening of erk �Road since this is something that the Council needs to consider in a workshop meeting finalizing the capital improvement program that we still have money to do. A discussion was held regarding water and sewer service entension to the Wemco tract and Councilman McComb requested that the subject of annexation of property located west of Woody Road be placed on the next regular agenda. City Attorney Williams to brief the City Council on the laws governing annexation as it would apply to this area. A discussion was held regarding the backing up of trucks and turning around in resi dence driveways. City Manager Wicker advised that you do not ordinarily have a dead- end street without a turn -around and good planning practices requires that any dead- end street have temporary turn-arounds or a permanent turn -around. It was anticipated that Shank Road would tie into Woody Road and that would provide an alternate means of access. ' _4 2 It was suggested that the City work with Wemco in providing a turn -around at the end of Shank Road. City Manager Ron Wicker advised that he would discuss this with Wemco and see what their interest would be. CITIZENS: Mr. Arch W. Helton requested that his name be removed from the agenda. DOCKETED PUBLIC HEARINGS: I. HOUSTON LIGHTING & POWER COMPANY REQUEST FOR RATE INCREASE: The Houston Lighting & Power Company filed for a $214,000,000 increase system wide in June, 1980. At that time the Council took action to suspend the rates for a period up to 120 days pending action by the Public Utilities Commission concerning the study of this rate increase request. On September 15, 1980, the Public Utilities Commission came to a final order granting Houston Lighting & Power Company a lesser rate in the amount of $134,000 system wide. Ed Grisham, District Manager of the Houston Lighting & Power Company, advised that the H. L. & P. Company is asking the City Council to approve the lower rate established by the Public Utilities Commission. PERSONS WISHING TO SPEAK FOR THIS PROPOSED REQUEST: 1. Mr. Ed Grisham, District Manager of the Houston Lighting & Power Company. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST: 1. Evan Middleton, 5306 Groveton Lane, Pearland, Texas. 2. J. H. Guinn, 5302 Groveton Lane, Pearland, Texas. QUESTION AND ANSWER PERIOD: COMPLETE TAPE ON FILE IN THE OFFICE OF THE CITY SECRETARY. ADJOURN: DOCKETED PUBLIC HEARINGS: (CONTINUED) " II. COMMUNITY PUBLIC SERVICE COMPANY'S REQUEST FOR A RATE INCREASE: PERSONS WISHING TO SPEAK FOR THE PROPOSED INCREASE: None PERSONS WISHING TO SPEAK AGAINST THE PROPOSED INCREASE: None QUESTION AND ANSWER PERIOD: City Attorney Williams commented that Community Public Service Company purchases its power from Houston Lighting & Power Company and any rate increase set by the Public Utilities Commission will have an effect on Community Public Service Company's rates. ADJOURN: ?25 UNFINISHED BUSINESS: ORDINANCE NO. 246-65, AN ORDINANCE AMENDING ORDINANCE NO. 246, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE-- MF TO NS, APPLICATION 85 (AMENDED) - WAYNE MILLER, OWNER: Ordinance No. 246-65 read in caption by Mayor Reid. (Second Reading) r-- It was moved by Councilman Lentz, seconded by Councilman Gray that Ordinance No. 246-65 be passed and approved on second and final reading. 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. ORDINANCE NO. 420, HOUSTON LIGHTING & POWER COMPANY RATE INCREASE: Ordinance No. 420 read in caption by Mayor Reid. (Second Reading) It was moved by Councilman Mack, seconded by Councilman McComb that Ordinance No. 420 be passed and approved on second and final reading. Said Ordinance No. 420 reads in caption as follows: ORDINANCE NO. 420 AN ORDINANCE REQUIRING THE HOUSTON LIGHTING &POWER COMPANY TO FILE MODIFIED RATE SCHEDULES TO BE CHARGED IN THE CITY OF PEARLAND, TEXAS; PROVIDING FOR AN EFFECTIVE DATE FOR SUCH RATE SCHEDULES; PROVIDING CONDITIONS UNDER WHICH SUCH RATE SCHEDULES MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN; CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ANY OTHER ORDINANCE OR PART OR PARTS THEREOF WHICH MAY BE IN CON- FLICT HEREWITH. Voting "Aye": Councilman Lentz, Councilwoman Coppinger, Councilman Mack and Councilman McComb. Voting "No ": Councilman Gray Motion passed 4 to 1. r. APPLICATION BY ARCH W. HELTON FOR PERMIT TO DRILL GAS WELL INSIDE THE CITY LIMITS: This item to be on next regular agenda. ORDINANCE NO. 246-66 - AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE - NS TO GB - APPLICATION NO. 88, JONES & MIZE, AGENTS FOR OWNER, HARDY R. BARR: Ordinance No. 246-66 read in caption by Mayor Reid. (First Reading) It was moved by Councilman McComb, seconded by Councilman Lentz that Ordinance No. 246-66 be passed and approved on first reading. Said Ordinance No. 246-66 reads in caption as follows: ORDINANCE NO. 246-66 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 TO 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. OTHER BUSINESS: Meeting Recessed at 8:50 P. M. to Executive Session under Texas Open Meeting Law, Section 2, Subsection (f), PURCHASE, EXCHANGE, LEASE, OR VALUE OF REAL PROPERTY, NEGOTIATED CONTRACTS FOR PROSPECTIVE GIFTS OR DONATIONS. Meeting Reconvened at 9:30 P. M. DEDICATION OF RIGHT OF WAY FROM WHEATON COLLEGE ON EXTENSION OF MARY'S CREEK WEST: No action. Meeting adjourned at 9:31 P. M. Minutes approved as submitted and/or corrected this the ���-r,rst✓ A. D., 1980. Mayor day of ATTEST: City Secretary /F