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1981-04-13 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 13,' 19al, 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 Councilman Harry Farley Councilman Carlton McComb Councilman Terry Gray City Manager Ronald J. Wicker City Attorney Bobby J. Williams City Secretary Dorothy L. Cook INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Mayor Reid. The Pledge of Allegiance was led by Council- man Gray. APPROVAL OF MINUTES: It was moved by Councilman Mack, seconded by Councilman_ McComb that the minutes of the regular meeting held on March 23, 1981, be approved as submitted. Motion passed 4 to 0. Councilman Farley abstained. It was moved by Councilman Mack, seconded by Councilman Lentz that the minutes of a special emergency meeting held on March 30, 1981, be approved as submitted. Motion passed 3 to 0. Councilman Farley and Councilman McComb abstained. It was moved by Councilman Mack, seconded by Councilman Farley that the minutes of a special meeting held on April 6, 1981, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid read a letter from the Commander of the V. F. W. asking for permission to have a Memorial Day Parade on Saturday, May 23, 1981. Mayor Reid advised that this matter has been referred to the Chief of Police, as prescribed in the ordinance regulating parades. Mayor Reid commended the City Manager and staff for the prompt notification to the Public of the critical water shortage recently, and thanked the citizens for their response to the request to conserve water during this period. City Manager Wicker advised that the Alice Street Well is now back in production and as far as he was concerned, and what he hears from the people in the water department say, that we are fine as far as being able to furnish water for all needs of the _ citizens. Mayor Reid asked that the newspapers publish a notice that all water restrictions are now.removed. Councilman Gray commended Ben Felts Company for the prompt action in tying in the waterline with Friendswood. COUNCIL ACTIVITY REPORT: City Manager Wicker asked Glenn Stanford, Chief of Police, to introduce members of the Police Force recently promoted. Mr. Wicker stated that these promotions were the result of the first tests given to members of the department for the purpose of pro- motions. The written test was 60% of the grade, the oral test was 30% of the grade, and 10% of the grade was on psychological -examination. The three recognized were: Jim Benson and Chris Doyle promoted to Sergeants; Randy Garner promoted to Detective. CITIZENS: Mr. Roy Baker, representing Entex, Inc. appeared before the City Council with a request by Entex, Inc. for a rate increase of fifty-three cents per month for domestic custom- ers in the City. CHANGE IN ORDER OF BUSINESS: NEW BUSINESS: CALL OF PUBLIC HEARING ON REQUEST BY ENTEX, INC. FOR RATE INCREASE: It was moved by Councilman McComb, seconded by Councilman Lentz that a Public Hearing be called under Docketed Public Hearings of the regular agenda on April 27, 1981, at 7:30 PM on the request by Entex, Inc. for a rate increase. Motion passed 5 to 0. CHANGE IN ORDER OF BUSINESS: DOCKETED PUBLIC HEARINGS: 1. LAND USE CHANGE - APPLICATION NO. 91, WILLIAM D. NELSON FROM PLANNED UNIT TO M-1 (LIGHT INDUSTRIAL) ON THE FOLLOWING DESCRIBED PROPERTY: 1.994 acres of land out of a 5 acre tract, being the south one-half of the East 10 acres of Tract 30, Section 4, H. T. & B. Railroad Company Survey, Abstract 543, Brazoria County, Texas. (located 1906 Mykawa Road) PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: Howard Bales, representing W. D. Nelson, the owner of the property, advised that the owner planned to use this property for an Industrial Warehouse Park and this 1.994 acres was located adjacent to �— another tract previously zoned M-1. The rezoning of this tract would make a total of 5 acres zoned M-1. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: NONE QUESTION AND ANSWER PERIOD: It was determined that the Planning and Zoning Commission approved this request for a zone change on March 3, 1981. HEARING ADJOURNED: NEW BUSINESS: (CONTINUED) COUNCIL DECISION ON APPLICATION 91, REQUEST BY WILLIAM D. NELSON FOR LAND USE CHANGE FROM PU TO M-1: It was moved by Councilman McComb, seconded by Councilman Mack that the City Attorney be authorized to prepare appropriate ordinance for consideration by the City Council to consider the zone change from PU to M-1, William D. Nelson, Application No. 91. Motion passed 5 to 0. UNFINISHED BUSINESS: ENGINEERING ESTIMATE NO. 7 - GALIN CORPORATION - STREET IMPROVEMENTS ON OLD ALVIN ROAD PROJECT: City Manager Wicker advised that a meeting was held with Galin Corporation to discuss the problems on Old Alvin Road. It was agreed at that time that some corrective measures would be taken to see if the roadway could be improved in the patch area. He stated that he felt that Galin Corporation would be doing everything possible to 195 correct this situation. He advised that after approval of this estimate, the City will still be withholding 50 of the contract price which would amount to over $15,000. Mr. Wicker recommended that the City Council approve the payment of $26,747.82. It was moved by Councilman Mack, seconded by Councilman McComb that Engineering Estimate No. 7 for $26,747.82 to Galin Corporation for the Street Improvements on Old Alvin Road be approved. Motion passed 4 to 1. Councilman Lentz opposed. APPROVAL OF FINAL PLAT PEARLAND INDUSTRIAL PARK: Mayor Reid read a memo from Dick Qualtrough stating that the Planning & zoning Commission approved the final plat and it was now ready for Council consideration. City Manager Ron Wicker discussed sewer service to the area located along Pearland Sites Road. This would have to be handled by each individual property owner, provid- ing their own pump, since this is a pressure line. As far as water is concerned, it will have to be extended to serve all of the tracts along Pearland Sites Road. ,Water and sewer is available for the three lots facing Walnut Street. Mr. Wicker advised that the discussion that he had with the owner, broker and engineer on this project was that the developer would have to put the water in before any building permits were issued. The sewer would be installed as the lots are developed, and the individual pumps would not be maintained by the City. City Manager Wicker stated that the developers would have to comply with all require- ments of the subdivision ordinance prior to the issuance of a building permit. A discussion was held regarding the possibility of a gravity flow line being installed instead of the lift stations. It was brought out in the discussion that this force main was designed originally to handle development south of Mary's Creek. A discussion was held on the cost of four lift stations equated to the cost of one gravity flow line. City Manager Wicker stated the problem was that the developer was not going to have to foot the bill for the four lift stations. Representative present stated that cost would be $50.00 for gravity flow line and that they were trying to move the property. City Manager Wicker is to prepare a letter generally outlining the discussion that has taken place, for the owner, real estate agent and their engineer, generally outlining all of the requirements that will have to be met prior to any building permits being issued. It was moved by Councilman Gray, seconded by Councilman Mack that the final plat of Pearland Industrial Park be approved as presented. Motion passed 4 to 1. Councilman McComb opposed. REQUEST BY CHANCE COLLAR FOR WATER SERVICE: City Manager Wicker advised that he met with Guy Hill of Chance Collar to discuss this firm's need for water service for expanded facilities. It appears that this firm will enlarge two or three times their present size. They will ultimately need 500 gallons per minute to handle steel treatment process. They will need approximately 200 gallons per minute, with the ultimate of 500 gallons per minute. Mr. Wicker advised the City Council that 500 gallons per minute was more than three of our four wells could produce today. He asked Chance Collar to make this a formal request and they did this by letter. Mr. Wicker advised that he calculated a conservative usage of water by this firm and it would generate $4,000 per month in revenue that would be derived from 150 gallons per minute. He stated that he felt we should look down the road and if we have water available, we likely will be able to draw other industrial plants. He felt that we are looking at three hundred to four hundred thousand dollars. Mr. Wicker discussed financing with Frank Ildebrando and he felt that we would be in much better shape to sell Certificates of Obligation in a shorter term basis than bonds. If we proceed quickly we could probably get less than 100. City Manager Wicker asked the City Council to consider this matter. After discussion of this matter, the following motion was made: It was moved by Councilman Gray, seconded by Councilman Mack that the City Engineer prepare the plans and specifications for a new well on Magnolia and authorize the Fiscal Agent to prepare the necessary documents for approximately $400,000 in Certificates of Obligation. Motion passed 5 to 0. The size of this well would be 1,000 minimum with possibly more than 1,500 maximum. RESOLUTION NO. R81-12, A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE MUTUAL AID LAW ENFORCEMENT AGREEMENT: Chief Stanford advised that this Agreement included several Counties, including Brazoria County, as well as all incorporated cities in Brazoria County for mutual aid law enforcement. Chief Stanford recommended that the Council approve this agreement. Resolution No. R81-12 read in full by Councilman Mack. It was moved by Councilman Mack, seconded by Councilman Farley that Resolution R81-12 be passed and approved on first and only reading. Said Resolution No. R81-12 reads in caption as follows: RESOLUTION R81-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A MUTUAL AID LAW ENFORCEMENT AGREEMENT. Voting "aye" - Councilman Lentz, Councilman Farley, Councilman Mack, Councilman McComb and Councilman Gray. Voting "no" - None Motion passed 5 to 0. HOURS OF OPERATION FOR INDEPENDENCE PARK: This item to be placed on the next agenda. REVIEW OF PLANS AND SPECIFICATIONS ON STREET CONSTRUCTION - CORRIGAN DRIVE REALIGNMENT WITH WOODY ROAD AT F. M. 518, AND AUTHORIZATION TO BID PROJECT: Mayor Reid recessed the meeting at 9:15 PM to enable the members of the Council to review the Plans and Specifications. Meeting reconvened at 9:25 PM. This item to be placed on the next agenda. EXTENSION OF EMPLOYMENT FOR NOBLE HALE: It was moved by Councilman Lentz, seconded by Councilman Gray that, in accordance with the recommendation of the City Manager, the employment of Noble Hale be extended for a period of six months. Motion passed 5 to 0. Q7 INCREASE IN WATER TAP FEES: City Manager Wicker asked that the City Council increase the cost of a 3/4" water tap to $250.00 instead of the $150.00 now being charged. He advised that he felt that the 3/4" tap fee should cover the tap plus actual cost of installation. It was moved by Councilman McComb, seconded by Councilman Lentz that the appropriate resolution be prepared for Council consideration increasing the cost of a 3/4" water tap fee to $250.00. Motion passed 5 to 0. ORDINANCE NO. 425, AN ORDINANCE ESTABLISHING SPEED LIMITS DURING THE CONSTRUCTION ON A PORTION OF F. M. 518 WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND - COUNTRY CLUB DRIVE: Ordinance No. 425 read in caption by Councilman Mc Comb. (First reading) It was moved by Councilman McComb, seconded by Councilman Mack that Ordinance No. 425 be passed and approved on first of two readings. Said Ordinance No. 425 reads in caption as follows: ORDINANCE NO. 425 AN ORDINANCE ESTABLISHING SPEED LIMITS DURING CONSTRUCTION ON A PORTION OF FM -518 WITHIN THE CORPORATE LIMITS OF PEARLAND AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. Voting "aye" - Councilman Gray, Councilman McComb, Councilman Mack, Councilman Farley and Councilman Lentz. Voting "no" - None. Motion passed 5 to 0. RESIGNATIONS FROM PLANNING AND ZONING COMMISSION - WEBER AND FARLEY: Mayor Reid read a letter into the records dated March 23, 1981 from J. D. Weber resigning as a member of the Planning and Zoning Commission effective as of March 23, 1981. Mayor Reid read a letter dated April 6, 1981 from Harry E. Farley resigning as a member of the Planning and Zoning Commission as of April 6, 1981. It was moved by Councilman Mack, seconded by Councilman McComb that the resignations of Harry Farley and J. D. Weber be accepted by the Council as of the dates shown in the letters submitted to the Council. Motion passed 4 to 0. Councilman Farley abstained. OTHER BUSINESS: Meeting recessed to Executive Session under Texas Open Meeting's Law, Section 2, Subsection (g) Personnel at 9:35 PM. Meeting reconvened at 10:35 PM. NEW BUSINESS: (CONTINUED) ELECTION OF MAYOR PRO TEM: It was moved by Councilman Mack, seconded by Councilman Gray that Councilman Al Lentz be elected Mayor Pro Tem. Motion passed 4 to 0. Councilman Lentz abstained. APPOINTMENTS: It was moved by Councilman Gray, seconded by Councilman McComb that V. A. Nolen, Robert Wasinger, E. A. Wasek and H. V. Mingarelli be reappointed as members of the Zoning Board of Adjustment. Motion passed 5 to 0. It was moved by Councilman McComb, seconded by Councilman Lentz that Helen Beckman and Bill Frascino be reappointed as members of the Planning and Zoning Commission. Motion passed 5 to 0. OTHER BUSINESS (CONTINUED) EXECUTIVE SESSION: Meeting recessed to Executive Session under Texas Open Meeting's Law, Section 2, Subsection (e) Legal. Return to open session at 11:55 PM. A TI.T(ITTATTMVTTP . Meeting adjourned at 11:56 PM. Minutes approved as submitted and/or corrected this the pi day of Lei A.D., 1981. Mayor ATTEST: ity Secretary