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1980-12-22 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND. TEXAS, HELD ON DECEMBER 22, 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 Charles R. Mack Councilman Al Lentz .r. Councilwoman Fran Coppinger Councilman Carlton McComb Councilman Terry Gray City Manager Ronald J. Wicker City Secretary Dorothy L. Cook Absent from the meeting: City Attorney, Bobby J. Williams. INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by the Rev. Quentin King. The Pledge of Allegiance was led by Councilman Lentz. APPROVAL OF MINUTES: It was moved by Councilman Gray, seconded by Councilman Mack that the minutes of the PURPA Hearing of November 3, 1980, be approved as submitted. Motion passed 4 to 0. Councilman McComb abstained. It was moved by Councilwoman Coppinger, seconded by Councilman Lentz that the minutes I of the regular meeting held on December 8, 1980, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid reported on an article in the Exchange News regarding the Law Enforcement Academy graduation. Henrietta Milstead, Pearland's first woman police officer, was a member of this class. Mayor Reid reported on an article in Healthtimes, a publication of the Health Systems Agency, spotlighting the Pearland Emergency Medical Services Group. COUNCIL ACTIVITY REPORTS: Councilman Lentz expressed appreciation to the Pearland Police Department for their help in assisting a group of carolers, from Corrigan Subdivision, across Highway 518 and other streets, as they moved about the City. DEPARTMENTAL REPORTS: City Manager Wicker reported that Henrietta Milstead, our first woman police officer, will be assigned to the juvenile division. Mr. Wicker reported that in February tests will be given for the positions of Sergeant and Detectives in the Police De- partment. These tests will be given according to State approved examinations, and the applicants will have to go through some RZydhological tests. He stated that he felt this would be the equitable means for filling these positions. CITIZENS: Mr. Billy G. Lain, Hamm Road resident - Mr. Lain spoke to the City Council regarding what he felt was the insensitivity of the Pearland City Administration to the legitimate needs and requests of their constituents. i Mayor Reid requested City Manager Wicker to report on a traffic survey made on Hamm Road. City Manager Wicker reported the following: Three hours were spent on December 11, 1980. A patrol car was there from 3:00 P. M. to 4:00 P. M., 5:00 P. M. to 6:00 P. M., and 6:00 P. M. to 7:00 P. M., and during that time 17 vehicles were counted and only one car was ticketed for going over the speed limit. On the next day between 4:00 P. M. and 5:00 P. M., we had ten vehicles use the road. Also, at the same time, we set up a basis for physically counting the vehicles using this (� roadway, and found that between 7:00 A. M. and 10:00 A. M. 34 cars were counted, and from 4:00 P. M. to 7:00 P. M. 24 cars were counted. On Friday, the 19th, 31 cars were counted between 7:00 A. M. and 10:00 A. M., and 25 cars between 4:00 P. M. and 7:00 P. M. This survey indicates that the traffic volume on this street is sub- stantially lower than most other residential streets in the City. Mr. Dougal C. Pope, Attorney for South Gate Baptist Church - Mr. Pope appeared before the City Council to ascertain whether or not a one -foot strip could be removed from the Northwesterly end of Golfcrest Drive, so ingress and egress could be obtained to property owned by the South Gate Baptist Church. Mr. Pope ;advised that in 1970 a plat was filed by Green Tee Corporation wherein a one -foot fee strip was reserved around Green Tee Terrace. Three years ago, Mr. Pope gave a seven acre tract to the South Gate Baptist Church. This seven acre tract adjoins Green Tee Terrace. Mr. Pope offered to the City, if they will condemn the one -foot strip, that he would put money in the bank to reimburse the City for whatever it costs to get the one -foot strip condemned, including the cost of it, the attorney fees, and any other costs the City might have in connection with the condemnation. In connection with that, there is adjoining the one -foot strip, on the South side, a 20 -foot strip which has been dedicated for drainage purposes. He advised that he did not know what rights the Green Tee Corporation might have in this strip, and he would make the same offer as far as that is concerned. Mr. Pope was asked to make the offer in writing. Mayor Reid asked that the City Manager and City Attorney review this matter and report back to the City Council. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: ORDINANCE NO. 246-67, AMENDING THE LAND USE DISTRICT MAP - RONALD HAUSMAN, OWNER, 26.1134 ACRES - PU AND R-2 TO PLAN APPROVAL. (WILLOW TRAILS SUBDIVISION). Ordinance No. 246-67 read in caption by Mayor Reid. (Second Reading) It was moved by Councilman Gray, seconded by Councilman Mack that Ordinance No. 246-67 be passed and approved on second and final reading. 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 Lentz, Councilwoman Coppinger, Councilman Mack, Councilman McComb, and Councilman Gray. Voting "No": None Motion passed 5 to 0. ORDINANCE NO. 423, AN ORDINANCE PROVIDING "UPDATED SERVICE CREDIT" AND OTHER PROVISIONS UNDER THE TEXAS MUNICIPAL RETIREMENT SYSTEM: Ordinance No. 423 read in caption by Mayor Reid. (Second Reading) It was moved by Councilwoman Coppinger, seconded by Councilman Lentz that Ordinance No. 423 be passed and approved on second and final reading. Said Ordinance No. 423 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 Gray, Councilman McComb, Councilman Mack, Councilwoman Coppinger, and Councilman Lentz. Voting "No": None Motion passed 5 to 0. NEW BUSINESS: REPLAT OF LOTS 83 AND 84, GEORGE W. JENKINS SUBDIVISION - OWNERS, JAMES AND SHELIA PECK: The Planning & Zoning Commission approved this replat on December 16, 1980, and recom- mended that the City Council approve the same. It was moved by Councilman McComb, seconded by Councilman Lentz that the replat of Lots 83 and 84 of the George W. Jenkins Subdivision, Owners, James and Shelia Peck, be approved by the City Council. Motion passed 5 to 0. FINAL ESTIMATE - MARATHON PAVING AND UTILITIES CONSTRUCTORS, INC. - $24,791.05: This item passed until proper maintenance bond is submitted to the City by Marathon. MEETING RECESSED AT 8:38 P. M. MEETING RECONVENED AT 8:45 P. M. REVIEW OF PLANS AND AUTHORIZATION TO BID PROJECT - OLD ALVIN ROAD AT JOHN LIZER ROAD REALIGNMENT: The City Council reviewed the plans prepared by Malcolm Collins, Consulting Engineer, and requested some changes be made, and this item to be placed on the next regular agenda. 1 191 CASTING OF .BALLOTS FOR BOARD OF TRUSTEES ELECTION - TEXAS MUNICIPAL LEAGUE WORKERS' COMPENSATION JOINT INSURANCE FUND: It was moved by Councilwoman Coppinger, seconded by Councilman Gray that the Council cast one vote for each of the following members of the Board of Trustees of the Texas Municipal League Workers' Compensation Joint Insurance Fund for a period of three years: Richard D. Brown, Betty McKean, and George L. Nichols Motion passed 5 to 0. 1981 FEDERAL RAILROAD SIGNAL PROGRAM BY THE STATE DEPARTMENT OF HIGHWAY AND TRANS- PORTATION, GRADE CROSSING ON MAGNOLIA ROAD: The following is a letter dated December 11, 1980 from Omer F. Poorman, District Engineer for the State Department of Highways and Public Transportation: December 11, 1980 The 1981 Federal Railroad Signal Program Hon. Tom Reid Mayor, City of Pearland P. O. Box 1157 Pearland, Texas 77581 Dear Sir: The State Department of Highways and Public Transportation Commission has approved the above program by Minute Order 77924, dated November 12, 1980, for the install- ation or upgrading of automatic flashing light signals at city streets and county roads. The financing of this program is 5% State Funds, 5% Local Political Sub- division Funds and 90% Federal Funds. Through the State Priority System, the grade crossing.selected which is under your jurisdiction is on Magnolia Street and the Atchison, Topeka and Santa Fe Railway Company Track, DOT No. 023 202M. Your agreement to participate in 5% of the cost or.approximate amount shown on the attached certification statement will be noted by your execution and return of one copy of the statement. Do not send your check at this time. You will be invited later to an on-site diagnostic inspection of the crossing to assist in determining the type of signal devices to be installed. Following receipt of your approved certification statement, we will transmit the Railroad Master Agreement and detailed cost estimate along with a request for your contri- bution of 5% of the total estimated cost for this crossing. Such projects normally take about two years from inception to installation and we therefore request your prompt handling and response to minimize this time frame. Very truly yours, /S/ Omer F. Poorman Omer F. Poorman 77 District Engineer District No. 12 ME/al Attachments It was moved by Councilman McComb, seconded by Councilman Gray that the City Council endorse this program and the Mayor be authorized to execute the necessary documents and the $3,500.00 be allocated from the Council Contingency Fund. Motion passed 5 to 0. BROOKSIDE EMERGENCY MEDICAL SERVICES CONTRACT: City Manager Wicker advised the City Council that the contract with Brookside this year was based on a proportionate share of the capital cost and maintenance cost of the ambulance service, rather than the $1,500.00 plus $25.00 per call as were the previous contracts. The proportionate share, as figured in this contract, is $3,500.00. Resolution R80-30 read in full by Mayor Reid. It was moved by Councilman Lentz, seconded by Councilman Gray that Resolution No. R80-30 be passed and approved on first and only reading. Said Resolution No. R80-30 reads in caption as follows: RESOLUTION NO. R80-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF PEARLAND AND THE CITY OF BROOKSIDE. Voting "Aye": Councilman Lentz, Councilwoman Coppinger, Councilman Mack, Councilman McComb and Councilman Gray. Voting "No": None Motion passed 5 to 0. COST OF DISPATCHING SERVICES - BROOKSIDE: It was moved by Councilman Gray, seconded by Councilman Lentz that the cost of dis- patching service for Brookside be increased from $250.00 per month to $300.00 per month. Motion passed 5 to 0. City Manager Wicker to review the charges for jail facilities for Brookside prisoners, and include this item on the agenda of the next meeting. OTHER BUSINESS: MEETING RECESSED AT 9:00 P. M. 1. EXECUTIVE SESSION - TEXAS OPEN MEETING'S LAW, Section 2, Subsection (e) legal; Section 2, Subsection (f) purchase, exchange or value of real property; and Section 2, Subsection (g) personnel. RECONVENED TO OPEN SESSION AT 10:00 P. M. It was moved by Councilman Gray, seconded by Councilman Mack that the City Manager be authorized to enter into an agreement for a salary contract with Hugh Landrum & Associates for the evaluation of industrial and commercial personal property tax values to begin immediately. Motion passed 5 to 0. It was moved by Councilman McComb, seconded by Councilman Gray that the City Attorney and City Manager be authorized to negotiate an Ernest Money Contract with the owner of the post office building, and that this contract be brought back to the City Council for approval. Motion passed 5 to 0. ADJOURN: Meeting adjourned at 10:02 P. M. F3 Minutes approved as submitted and/or corrected this the day of A. D., 1981. Mayor ATTEST: City Secretary 1—