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1980-12-08 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS HELD ON DECEMBER 8, 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: The invocation was given by Mayor Reid. Parrish, Personnel Director for the City. APPROVAL OF MINUTES: Tom Reid Charles R. Mack Al Lentz Fran Coppinger Carlton McComb Terry Gray Ronald J. Wicker Bobby J. Williams Dorothy L. Cook The Pledge of Allegiance was led by Buford It was moved by Councilman Gray, seconded by Councilman Lentz that the minutes of the regular meeting held on November 24, 1980, be approved as submitted. Motion passed 4 to 0. Councilman Mack abstained. MAYOR'S ACTIVITY REPORT: 1. Spotlight - Dad's Club represented by the President, Foster Foucheaux. Mr. Foucheaux; outlined a brief past history of the Dad's Club, and solicited the continued support of the citizens of the community for this organization. The Dad's Club is a volunteer group primarily involved with activities of the youth of the area, and provides scholarships, as well as ballfields, for football and baseball. 2. Mayor Reid reported that Santa Claus arrived in Pearland last Saturday, courtesy of the Pearland Chamber of Commerce. COUNCIL ACTIVITY REPORTS: None DEPARTMENTAL REPORTS: City Manager Wicker reported that at the request of the Twin Creek Civic Club, the City asked the State Highway Department to make speed studies on Highway 35 from the north city limits to the south city limits. They have made the studies, and.the strip map furnished by the Highway Department indicates that the speed should not be altered, since 85% of the percentile speeds in several of the cases would have shown a need to raise the speed limit. At this time, the State does not need any action by the City other than to recognize that such a study has been completed. City Attorney Williams advised that he is working on an amendment to the Electrical Code, as requested by the Electrical Board. He also advised that the Legal. Department plans to work with the Building Inspection Department regarding amending the Code to require fire alarms in multi -family type structures. City Attorney Williams stated he discussed with the City Manager the possibility of giving citizens information on burglar alarms in the next newsletter. He and the City Manager plan to look at several, and come up with a list of vendors that the people could call upon for further information. CITIZENS: None DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: HAMM ROAD REPORT BY CITY ATTORNEY AND ANY ACTION PERTINENT THERETO: City Manager Wicker advised that he has looked the Hamm Road situation over, and felt that the City received a valid request; however, the old part of Hamm Road and the new part of Hamm Road in Woodcreek III were never considered, planning wise, to be any- thing but a through street. He felt that it would be very difficult at this time to make any changes, in that by blocking a road after it has been opened, will likely bring requests from other people to open it back up. The City Manager recommended that Hamm Road not be closed. City Attorney Williams stated that basically this is not a legal question, but a problem of law enforcement and street maintenance. This would be considered a private use road, unless a cul de sac was placed at the end of the old portion of Hamm Road. Without a cul de sac, Hamm Road would not support sufficient turn -around for public vehicles. He advised that without providing for such a turn -around, that you would be providing a private street and, in effect, would be setting a precedent. By �. closing this street, it was his opinion that the City Council would be violating the general principals of closing or abandoning a street, since this must be done for general public interest only. After a general discussion by the City Council on the request to barricade Hamm Road at the end of the old part of this street, the following motion was made: It was moved by Councilman McComb, seconded by Councilman Lentz that the request for the closing of Hamm Road be denied. Motion passed 5 to 0. PEARLAND-FRIENDSWOOD RECIPROCAL AGREEMENT: Councilwoman Coppinger reported that the Committee, assigned to look at this agreement, met and agreed that no changes were necessary. Resolution No. R80-26 read in full by Councilwoman Coppinger. It was moved by Councilwoman Coppinger, seconded by Councilman Gray that Resolution No. R80-26 be passed and approved on first and only reading. Said Resolution No. R80-26 reads in caption as follows: RESOLUTION R80-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE j A CONTRACT AND AGREEMENT BY AND BETWEEN THE CITY I OF PEARLAND AND THE CITY OF FRIENDSWOOD. Voting "Aye": Councilman Gray, Councilman McComb, Councilwoman Coppinger, and Council- man Lentz. Voting "No None 145 Motion passed 4 to 0. Councilman Mack not present in the room at this time. AN AMENDMENT TO CHAPTER 7 OF THE CODE OF ORDINANCES REGARDING POOLS WITHIN THE CITY LIMITS OF PEARLAND: Ordinance No. 422 read in caption by Councilman McComb. (Second Reading) r-- It was moved by Councilman McComb, seconded by Councilman Gray that Ordinance No. 422 - be passed and approved on second and final reading. Said Ordinance No. 422 reads in caption as follows: ORDINANCE NO. 422 AN ORDINANCE AMENDING CHAPTER 7, OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, BY ADDING SPECIFIC SECTIONS THERETO: PROVIDING FOR 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. NEW BUSINESS: REVIEW OF PLANS AND SPECIFICATIONS FOR.CONSTRUCTION OF LEFT TURN LANES ON ORANGE STREET T HIGHWAY 35 AND AUTHORIZATION TO BID PROJECT: Malcolm Collins:,- Consulting Engineer for the City, presented plans and specifications for the construction of left turn lanes on Orange at Highway 35. MEETING RFC SFD AT 8_35 P. M_ - RECONVENED AT R:45 P. M_ It was moved by Councilman McComb, seconded by Councilman Mack that the City Manager be authorized to go out for bids on this project with the bid opening date to be at the discretion of the City Staff. Motion passed 5 to 0. APPROVAL OF ENGINEERING ESTIMATES ON BOND PROJECTIONS: It was moved by Councilman Gray, seconded by Councilman McComb that the following estimates be approved: (a) Engineer's Monthly Estimate No. 3, Sanitary Sewer Lines on Halik Road -Alice Street by Utilitec, Inc. in the amount of $13,544.18; (b) Engineer's Monthly Estimate No. 5, Street Improvements on 0ld Alvin Road from Orange to Knapp, and including a portion of Knapp Road by Galin Corporation in the amount of $135,586.67; (c) Engineer's Final Statement,.Street Improvements on Mykawa Road, Orange to City Limits by Able Service Company, Inc. in the amount of $54,382.05. (This approved subject to receipt of proper maintenance bond and other documents necessary for final before check is released). Motion passed 5 to 0. PRELIMINARY PLAT OF RINE VIN ESTATES, ALVIN PAMPELL, OWNER: It was moved by Councilman McComb, seconded by Councilman Lentz that the Preliminary Plat of Rine Vin Estates by Alvin Pampell, owner, be approved. Motion passed 5 to 0. ORDINANCE NO. 246-67 AN ORDINANCE AMENDING THE LAND USE OF DISTRICT MAP - APPLI- CATION 86. RONALD HAUSMAN - PLANNED UNIT AND R-2 TO PLAN APPROVAL PATIO HOME UBDIVISION CALLED WILLOW TRAILS): Ordinance No. 246-67 read in caption by Mayor Reid. (First Reading) It was moved by Councilman Lentz, seconded by Councilwoman Coppinger that Ordinance No. 246-67 be passed and approved on first of two readings. Said Ordinance No. 246-67 reads in caption as follows: ORDINANCE NO. 246-67 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. 423, AN ORDINANCE PROVIDING FOR "UPDATED SERVICE CREDIT" AND OTHER PRO- VISIONS UNDER THE TEXAS MUNICIPAL RETIREMENT SYSTEM: Ordinance No. 423 read in caption by Mayor Reid. (First Reading) It was moved by Councilman McComb, seconded by Councilman Gray that Ordiance No. 423 be passed and approved on first of two readings. Said Ordinance No. 42-3_ reads in caption as follows: ORDINANCE NO. 423 AN ORDINANCE DETERMINING TO GRANT, PROVIDING FOR AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDIT" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM IN THE EMPLOYMENT OF THE CITY OF PEARLAND; ELECTING AND PRESCRIBING THE EFFECTIVE DATE OF SUCH UPDATED SERVICE CREDITS; AUTHORIZING AND PROVIDING FOR ALLOWANCE OF INCREASES IN MONTHLY BENEFITS PAYABLE BY TEXAS MUNICIPAL RETIREMENT SYSTEM TO RETIRED EMPLOYEES AND TO BENEFICIARIES OF DECEASED EMPLOYEES, AS CURRENT SERVICE ANNUITIES AND PRIOR SERVICE ANNUITIES ARISING FROM SERVICE OF SUCH EMPLOYEES TO THIS CITY; PROVIDING FOR INCREASED MUNICIPAL CONTRIBUTIONS TO THE CURRENT SERVICE ANNUITY RESERVE AT RETIREMENT; PROVIDING FOR PARTICIPATION IN THE SUPPLEMENTAL DEATH BENEFITS FUND OF TEXAS MUNICIPAL RETIREMENT SYSTEM; 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. OTHER BUSINESS: EXCUSED ABSENCE FOR COUNCILMAN MACK FROM REGULAR MEETING HELD ON NOVEMBER 24, 1980: It was moved by Councilman McComb, seconded by Councilman Lentz that the absence due to illness of Councilman Mack from the meeting of November 24, 1980, be shown as excused absence. Motion passed 5 to 0. EXECUTIVE SESSION - TEXAS OPEN MEETING'S LAW, SECTION 2, SUBSECTION (g) PERSONNEL: Meeting recessed to Executive Session at 9:15 p. m. Reconvened to Open Session at 10:00 p. m. NO ACTION AS A RESULT OF EXECUTIVE SESSION. ADJOURN: Meeting adjourned at 10:01 p. m. Minu es approved as submitted and/or corrected this the day of A. D. 1980. Mayor ATTEST: City Secretary 143