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1981-01-26 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JANUARY 26, 1981, 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 City Manager Tom Reid Charles R. Mack Al Lentz Fran Coppinger Terry Gray Ron Wicker City Attorney Bobby J. Williams City Secretary Dorothy L. Cook Councilman Carlton McComb was absent from the meeting. INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Mr. Stanley Warren, Vocational Education Director of the Pearland High School. The Pledge of Allegiance was led by Mr. John Rusciano. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman Gray that the minutes of the regular meeting held on January 12, 1981, be approved as submitted. Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid issued a Proclamation designating the week of February 8, through February 14, 1981, as Vocational Education Week in Pearland. Mr. Stanley Warren, Vocational Educa- tion Director accepted the Proclamation. Mr. John Moorman, Director of the Brazoria County Library Board, was present at the meeting. Mr. Moorman advised that the Brazoria County Library system was made up of nine libraries throughout the county and one bookmobile. Each individual city in which there is a library, the City provides the building, maintenance, and utilities; and the county provides staff, materials, processing of materials, and supplies necessary to run the library. One member of each local Library Board serves on the County Library Board. Mrs. Bettye Alexander is the representative from Pearland, and is also the Chairman of the County Board. COUNCIL ACTIVITY REPORTS: Councilman Gray stated that this last weekend he was made aware that the most recent rate increase by the Houston Lighting & Power Company will directly affect our ability to install street lights in the future. He stated that apparently it was not brought to the City's attention or the T. M. L.'s attention that H. L. & P. was going to increase the cost of street lights to about $1,500.00 per pole per installation. He advised that those that have been promised street lights this year will likely have to - wait until the next budget period. Councilman Mack asked that a workshop be called on the proposed subdivision code amend- ment. City Manager Wicker advised the City Council that the Drainage Commissioners asked for a workshop meeting next Monday night on the Drainage Study made by Coenco, Inc. for the City. Mayor Reid asked Councilman Mack to work out a date for the Subdivision Code amendment and that a joint workshop meeting between the Drainage Commissioners and the City on the Drainage Study would be held at 7:30 P. M., Monday, February 2, 1981. DEPARTMENTAL REPORTS: City Manager Wicker advised the City Council that in the next few weeks we would be going out for bids on several items included in the current budget. This would be two dump trucks, three pickup trucks, one additional garbage truck (cab & chassis), and the i conversion of a Mark III Heil body to a Mark IV body to be installed on this unit. We are also planning to bid the rebuilding of roads throughout the City. Primarily, various portions of Dixie Farm Road damaged in the floods to be paid for by the Federal funding we received, and we would also try and include in that bid package roads that we had planned on rebuilding within the next year. Mr. Wicker reported that in order to combat the ever present dog problem, we have built a new dog pound to accommodate more dogs. We are also looking at the existing ordinance and will likely be coming to the City Council for some minor changes. We plan to try to directly impact the number of dogs on the streets by having a little better coverage at times of the day when these dogs seem to be running loose. We also plan to have a Humane Officer on the streets from 7:00 A. M. in the morning until 8:00 at night. Mr. Wicker reported that the Court's position relative to two dog bite cases and the owners being fined the maximum penalty should have some impact on this situation also. CITIZENS: None DOCKETED PUBLIC HEARINGS: None CHANGE IN ORDER OF BUSINESS: NEW BUSINESS: LIBRARY BOARD APPOINTMENT: It was moved by Councilwoman Coppinger, seconded by Councilman Gray that Mrs. Faye Hunter be reappointed as a member of the Library Board for a three-year term. Motion passed 4 to 0. Mayor Reid administered the Oath of Office to Mrs. Faye Hunter. Mayor Reid stated that in accordance with the ordinance, he had appointed Mrs. Hunter to serve as the Chairman of this Board. Mayor Reid stated that one more regular appointment and one to fill an unexpired term will need to be made on the Library Board. ELECTRICAL BOARD APPOINTMENTS: It was moved by Councilman Mack, seconded by Councilman Lentz that Charles Michna be reappointed for a two-year term on the Electrical Board, and that Chris Brooks be appointed for a one-year term to fill the unexpired term of Dave Corbett who has resigned from the Board. Motion passed 4 to 0. 19 - I Mayor Reid stated that one more regular appointment for a two-year term will need to be made on the Electrical Board. CERTIFICATE OF APPRECIATION TO DAVE CORBETT: Mayor Reid read a Certificate of Appreciation to Dave Corbett for his service to the City as a member of the Electrical Board since 1965, and asked that the City Council support this commendation to Mr. Corbett for his service. It was moved by Councilman Lentz, seconded by Councilman Gray that the City Council, on behalf of the citizens of the community, present Mr. Dave Corbett with a Certificate of Appreciation for his service to the City. Motion passed 4 to 0. MEETING RECESSED AT 8:20 P. M. MEETING RECONVENED AT 8:35 P. M ALVIN PAMPELL, OWNER - RINE VIN ESTATES, FINAL PLAT: City Manager Wicker stated that the Planning & Zoning Commission approved this final plat on January 20, 1981, and recommended that the City Council approve same. It was moved by Councilman Mack, seconded by Councilman Gray that the final plat of Rine Vin Estates be approved by the City Council. Motion passed 4 to 0. RESOLUTION NO. R81-2, A RESOLUTION TO REPEAL,A PORTION OF RESOLUTION R80-5, GIVING CONSENT TO THE CREATION OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 2 AND BRAZORIA COUNTY UTILITY DISTRICT NO. 3: Mayor Reid read a letter into the records dated January 20, 1981, from Paul Philbin, Attorney for General Homes Consolidated Companies, Inc. dba Eden Homes. Mr. Philbin appeared before the City Council and advised that this Resolution revised the bound- aries of District No. 2 and District No. 3. District No. 2 was 625 acres, and with the revision it will be 449 acres. In the case of District No. 3, it was 440 acres and with revision it will be 515. He advised that District No. 1 would remain un- changed. In addition to this and as a matter of clarification, he advised that they were including a specific lot delineation for patio homes. These patio home lots would be 45 feet X 115 feet. The main concern with the original ordinance was the density ratio, and these lots will comply with the original density ratio. After a discussion between members of the City Council and representatives of General Homes present at the meeting, the Resolution submitted was read by Councilman Mack. The following correction was made under 3. of Page 2 Section (2): "That except for Patio Home Lots, all developed lots intended for use as Single Family detached dwellings shall be of a minimum size of sixty (60) feet in width and one hundred ten (110) feet in depth. Patio Home minimum lot size shall be 45 feet by 115 feet." It was moved by Councilman Mack, seconded by Councilman Gray that Resolution No. R81-2 be approved on first and only reading with the following sentence added to 3. Page 2, (2) "Patio Homes minimum lot size shall be 45 feet by 115 feet". Said Resolution R81-2 reads in caption as follows: RESOLUTION NO. R81-2 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, TO REPEAL A PORTION OF RESOLUTION NO. R80-5, GIVING CONSENT TO THE CREATION OF BRAZORIA COUNTY MUNICIPAL UTILITY DIS- TRICT NO. 2 AND BRAZORIA COUNTY MUNICIPAL UTILITY DIS- TRICT NO. 3. Voting "Aye": Councilman Gray, Councilman Mack, Councilwoman Coppinger, and Council- man Lentz. Voting "No": None Motion passed 4 to 0. COMMUNITY PUBLIC SERVICE COMPANY - RATE ORDINANCE: City Attorney Bobby Williams advised that this item should be moved until the next regular agenda since the Community Public Service Company has not submitted the rate ordinance for consideration. RESOLUTION NO. R81-3, A RESOLUTION PROVIDING FOR THE GIVING OF NOTICE OF PUBLIC HEARING TO BE HELD REGARDING A PROPOSED ANNEXATION BY THE CITY: Resolution R81-3 read by Councilwoman Coppinger is as follows: RESOLUTION NO. R81-3 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, PROVIDING FOR THE GIVING OF NOTICE OF A PUBLIC HEARING TO BE HELD CONCERNING THE PROPOSED ANNEXATION OF CERTAIN TERRITORY NOW LYING WITHIN THE EXTRA -TERRITORIAL JURISDICTION OF THE CITY OF PEARLAND, TEXAS. WHEREAS, the City Council of the City of Pearland, Texas, has heretofore determined that it would be in the public's interest that certain territory presently lying within Pearland's extra -territorial jurisdiction and subject to annexation by the City be included within the City Limits of Pearland, Texas, and subject to the ordinances and jurisdiction of the City in all respects; and WHEREAS, the City Council of the City of Pearland, Texas, has further deter- mined that the territory subject to this proposed annexation is adjacent and contig- uous to Pearland's existing City Limits; that said territory is not within the City Limits of any other City and that said territory lies solely within Pearland's extra -territorial jurisdiction; and WHEREAS, the City Council of the City of Pearland, Texas, desires and deems it necessary to institute annexation proceedings relating to said territory. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: I. That the facts and recitations contained in the preamble of this Resolution are hereby found and declared to be true and correct. II. That the City Secretary is hereby directed to publish the following notice in the Journal, the same being the official newspaper in and for the City of Pearland and a newspaper having general circulation in the City and in the territory pro- posed to be annexed. Said notice to read and be given as follows: NOTICE OF HEARING ON INTENTION TO ANNEX CERTAIN TERRITORY TO ALL INTERESTED PERSONS: Notice is hereby given that the City of Pearland, Texas, intends to annex the following described property adjacent to the present City Limits of the City of Pearland, Texas, said tract of land being described by metes and bounds as follows: i_ . 3 5.734 ACRE TRACT OF LAND, being out of Lots 6 & 15 Containing Called 29.2 Acres Each, Out of the H. Masterson Subdivision of Section No. 5, H. T. & B. R.R. Co. Survey, Abstract 237, in Brazoria County, Texas, as Per Map of Said Subdivision Records in Volume 28, Page 6, of the Deed Records of Brazoria County, Texas, and Being More Particularly Described by Metes & Bounds as Follows: BEGINNING at a 4 inch square concrete monument in the existing City Limits boundary, said point bears N. 0° 58' 57" W. a distance of 1227.12 feet from an existing concrete monument in the City Limits boundary which is in close proximity to the north right-of-way of Orange Street at the Woody Road inter- section; THENCE N. 890 27' 29" W. parallel to and 140.55 feet south of the common line between the aforementioned Lots 6 and 15, Abstract 237, a distance of 500.00 feet to a 4 inch square concrete monument for corner; THENCE N. 00 40' 09" W. at 140.55 feet pass the aforementioned common line between Lots 6 and 15 and continue in all a distance of 500.00 feet to a 4 inch square concrete monument for corner; THENCE S. 890 27' 29" E. a distance of 500.00 feet to a 4 inch square con- crete monument in the west City Limits line of Pearland, Texas; THENCE S. 00 32' 48" E. along and with said west City Limits line of the City of Pearland, a distance of 359.45 feet to an angle point; THENCE S. 00 58' 57" E. continuing along and with the west City Limits line of the City of Pearland, a distance of 140.55 feet to the PLACE OF BEGINNING and containing 5.734 Acres of Land. A Public Hearing will be held in the Council Chambers of the City Hall in the City of Pearland at 2335 North Texas Avenue, Pearland, Texasat7:30 P. M. on the 9th day of February, 1981, at which time opportunity will be provided for all interested persons to be heard concerning the proposed annexation. �- I, Dorothy Cook, the City Secretary of the City of Pearland, Texas, do hereby publish this notice in accordance with the directions of the Pearland City Council. WITNESS MY HAND officially this 26th day of January, 1981. /s/ DOROTHY L. COOK DOROTHY COOK, City Secretary That the City Secretary shall publish said notice at least once in said newspaper nor more than twenty (20) days nor less than ten (10) days prior to the hearing as set out in said notice. In addition to the published notice, the City Secretary shall give notice by Certified Mail to any Railroad Company or Companies serving the City and on the City's Tax Roll when their right-of-way is included in the territory to be annexed. IV. That this Resolution shall take effect from and after its Reading, Passage and Approval. PASSED AND APPROVED this 26th day of January, 1981. CITY OF PEARLAND, TEXAS By: /s/ TOM REID MAYOR ATTEST: /s/ DOROTHY L. COOK City Secretary It was moved by Councilwoman Coppinger, seconded by Councilman Lentz that Resolution No. R81-3 as read be passed and approved on first and only reading. Voting "Aye": Councilman Lentz, Councilwoman Coppinger, Councilman Mack and Council- man Gray. Voting "No": None Motion passed 4 to 0. ORDINANCE NO. 11OD-4, AMENDMENT TO ELECTRICAL CODE: Ordinance No. 11OD-4 read in caption by Mayor Reid. (First Reading) It was moved by Councilman Lentz, seconded by Councilwoman Coppinger that Ordinance No. 11OD-4 be passed and approved on first of two readings. Said Ordinance No. 11OD-4 reads in caption as follows: ORDINANCE NO. 11OD-4 AN ORDINANCE AMENDING CHAPTER 9, OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, BY ADDING AND DELETING SPECIFIC SECTIONS THERETO; PROVIDING FOR AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Gray, Councilman Mack, Councilwoman Coppinger, and Council- man Lentz. Voting "No": None Motion passed 4 to 0. CHANGE IN ORDER OF BUSINESS: UNFINISHED BUSINESS: City Attorney Williams absent from the meeting beginning at 9:10 P. M. USE OF INDEPENDENCE PARK BY CHAMBER OF COMMERCE FOR FOUNDER'S DAYS: It was moved by Councilman Lentz, seconded by Councilman Gray that the Chamber of Commerce be granted permission to use Independence Park for the annual Founder's Day Celebration on September 19, and 20th, 1981, with rain -out dates of September 26, and 27th, 1981. Motion passed 4 to 0. NEW BUSINESS: (CONTINUED) BID NO. B81-1, PROGRAMMABLE CASH REGISTER: The following bid was reviewed by the City Council: VENDOR AMOUNT Micros Systems, Inc. $5,665.65 City Manager Wicker advised the City Council that he felt the bid was too high, and suggested that the one bid received be thrown out and the project be rebid. It was moved by Councilman Lentz, seconded by Councilman Mack that the bid received from Micros Systems, Inc. for a Programmable Cash Register be rejected and the City Manager be authorized to rebid this item. Motion passed 4 to 0. AUTHORIZATION TO BID WATER WELL NO. 6: City Manager Wicker advised the City Council that we do not have the plans finalized as yet. He advised that we should have the plans for this well by Thursday, and invited members of the Council to review the plans. He asked for authorization to bid this project. The time element for bidding all other related projects, such as building, ground r— storage facilities, and chlorination equipment, was discussed and it was the Council's desire to have all phases of this.project completed as nearly as possible on com- pletion of the water well drilling. It was moved by Councilman Gray, seconded by Councilman Mack that the City Manager be authorized to bid the new water well on Liberty Drive, and further, that he be authorized to bid any other related projects to this well. The Texas Department of Public Health is to approve the plans and specifications before this project is bid. Motion passed 4 to 0. RESOLUTION R81-4, A RESOLUTION ADOPTING THE PROVISIONS OF ARTICLE 7.15 OF THE TEXAS ELECTION CODE: Resolution R81-4 read in full by Mayor Reid. It was moved by Councilman Gray, seconded by Councilman Lentz that Resolution R81-4 be passed and approved on first and only reading. Said Resolution No. R81-4 reads in caption as follows: RESOLUTION NO. R81-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING THE PROVISIONS OF ARTICLE 7.15, AND OTHER PERTINENT PROVISIONS OF THE TEXAS ELECTION CODE, IN REGARD TO THE REGULAR CITY OFFICERS' ELECTION TO BE HELD ON THE FOURTH DAY OF APRIL, 1981. Voting "Aye Councilman Lentz, Councilwoman Coppinger, Councilman Mack and Council- man Gray. Voting "No": None Motion passed 4 to 0. RESOLUTION R81-5, A RESOLUTION AND ORDER OF THE CITY COUNCIL ORDERING THE HOLDING OF A REGULAR CITY OFFICERS' ELECTION ON APRIL 4, 1981. (MAYOR AND CITY COUNCIL POSITION NO. 3). Resolution R81-5 read in full by Councilman Lentz. It was moved by Councilman Lentz, seconded by Councilwoman Coppinger that Resolution No. R81-5 be passed and approved on first and only reading. Said Resolution No. R81-5 reads in caption as follows: RESOLUTION NO. R81-5 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING THE HOLD- ING OF A REGULAR CITY OFFICERS' ELECTION ON THE FOURTH DAY OF APRIL, 1981, FOR THE.PURPOSE OF ELECTING A MAYOR AND ONE MEMBER OF THE CITY COUNCIL IN AND FOR THE CITY OF PEARLAND, TEXAS; AND ESTABLISHING PROCEDURES FOR SAID REGULAR CITY OFFICERS' ELECTION. Voting "Aye": Councilman Gray, Councilman Mack, Councilwoman Coppinger, and Council- man Lentz. Voting "No": None Motion passed 4 to 0. OTHER BUSINESS: MEETING RECESSED AT 9:30 P. M. EXECUTIVE SESSION - TEXAS OPEN MEETING'S LAW, Section 2, Subsection (g) Personnel. MEETING RECONVENED AT 10:15 P. M. NO ACTION AS RESULT OF EXECUTIVE SESSION ADJOURNED: Meeting adjourned 10:16 P. M. Minutes approved as submitted and/or corrected this the day of A. D., 1981. G%2;/ e,Z�- C._./ Mayor ATTEST: City Secretary