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1981-05-11 CITY COUNCIL REGULAR MEETING MINUTES911 MINUTES OF -A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND,,TEXAS, HELD ON MAY 11, 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 Councilman Councilman City Manager City Secretary Tom Reid Al Lentz Charles R. Mack Carlton McComb Terry Gray Ronald J. Wicker Dorothy L. Cook Absent from the meeting: Councilman Harry Farley and City Attorney Bobby Williams. INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by M. L. Knapp of Actions. The Pledge of Allegiance was led by Mayor Pro Tem Al Lentz. APPROVAL OF MINUTES: It was moved by Councilman Gray, seconded by Councilman Lentz that the minutes of the regular meeting held on April 27, 1981, be approved as submitted. Motion passed 3 to 0. Councilman McComb abstained. MAYOR'S ACTIVITY REPORT: Mayor Reid recognized Evan Middleton of the Corrigan Civic Club. Mr. Middleton in - r— vited members of the Council to be present at the dedication and renaming of the Corrigan South Park to the Sonny Tobias Park on Saturday, May 16, 1981, at 2:00 P. M. Proclamations were presented to representatives of the Windsong Nursing Home and Pearland Nursing Home, proclaiming the week of May 10, 1981 through May 16, 1981, as Nursing Home Week in Pearland. Mayor Reid presented a Proclamation to Mrs. Faye Hunter, Chairperson of the Library Board, proclaiming the year and week beginning May 22, 1981, as Library Awareness Year in Pearland. Mayor Reid advised that the City Council, along with members of the City staff made an on-site inspection of various areas of the City that developed high water during the flood last Sunday. The Council met in special emergency session on Sunday night and the City Manager compiled a list of the various areas of the City needing special attention on drainage. Mayor Reid advised that Mr. Omar Poorman, District Engineer of the State Department of Highways & Transportation, has advised that the City of Pearland and the City of Friendswood would need to resolve their differences on the bridge at the Mary's Creek Bypass on 518 before the widening of Highway 518 could be accomplished. Mayor Reid advised that he has sent a letter to Mr. Poorman asking him for any kind of advice, suggestions, or help in accomplishing the passageway under Highway 518 at the Mary's Creek Bypass to permit the water to go down stream. The backup of water is creating a major problem in our community. Mayor Reid appointed Councilman Gray to serve as liaison between the City Council and the Y. M. C. A. Mayor Reid spoke on the proposed bills in the Texas Legislature designed to establish the Clear Creek Watershed District. He stated that Brazo'ria County Drainage District No. 4 was established many years ago and has done an excellent job for the area residents. The Drainage District is working under the 25 -year plan, as designed by the Corps of Engineers, and this far exceeds anything under the two present proposed bills. Mayor Reid stated that he was not opposed to joining with our neighbors in trying to solve the problem of flooding on Clear Creek; however, he advised that he sees no advantage to the citizens of Brazoria County Drainage District No. 4 under r_ the bills presently under consideration in the Legislature. We do not want anything to slow down the good work that is going on in Drainage District No. 4, nor do we want any of our funds or Drainage District equipment sent to other areas to solve their problems. Mayor Reid stated that Representative Tom DeLay advised that he would withdraw us from the Pennington -Criss Bill. Senator Brown's bill allows a local option. Mayor Reid stated that he could not at this time support any legislation that would prohibit Drainage District No. 4 from continuing to operate at its present effectiveness, nor sending our tax dollars to an area that has not shown any interest in helping them- selves. COUNCIL ACTIVITY REPORTS: Councilman Lentz reported that last Friday, along with the Mayor and City Manager Wicker, he met with Senator Brown on the Watershed District Bill. H. B. 2301, if it is adopted, would put the Pearland area in the Clear Creek Watershed because a majority of voters live in the southern end of Harris County and the northern end of Galveston County. Senator Brown's bill, as he proposed it, gives us a local option. Councilman Lentz stated that he would not support either bill as they are now worded. Councilman McComb stated that the two bills were designed to serve Galveston County and Harris County problems and retard Brazoria County's progress. Councilman McComb stated that as far as Pearland and the northern part of Brazoria County are concerned, there would be no advantages in either bill. DEPARTMENTAL REPORTS: City Manager Wicker stated that there were 32 various areas that needed to be looked at from a drainage standpoint, and some corrective action taken. We have started on the ones that did not take any engineering. The City Engineer is looking at some of the more complicated problems to see how best we can handle them. CITIZENS: Mrs. Faye B. Hunter, Chairperson of the Library Board, appeared before the City Council and presented petitions signed by some 1120 individuals. Mrs. Hunter advised that the purpose of the petition was to reveal the realization that there was a great need and interest in a new Library. M. O. Knapp, Actions - Mr. Knapp appeared before the City Council to report on some of the problems he was encountering in the operation of vans to pickiP senior citizens. This was not a request for assistance at this time, but a general report. 213 DOCKETED PUBLIC HEARINGS: 1. LAND USE CHANGE - APPLICATION NO. 93, THOMAS D. OFFENBURGER PU to R-1 on 1.0 acres of land situated in Tract (1) of the Division of the Yost land situated in the W. D. C. Hall League, Abstract 70, Brazoria County, Texas. PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: Mr. Thomas P. Offenburger advised the City Council that he planned to plat this property into two homesites. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: None QUESTION AND ANSWER PERIOD: It was brought out that when this property is platted that sufficient right-of-way should be shown along Yost Road. ADJOURN CHANGE IN ORDER OF BUSINESS: NEW BUSINESS: COUNCIL DECISION ON APPLICATION NO. 93, THOMAS D. OFFENBURGER: It was moved by Councilman McComb, seconded by Councilman Gray that the appropriate ordinance on Application No. 93 be prepared for consideration by the City Council at the next regular meeting. Motion passed 4 to 0. CHANGE IN ORDER OF BUSINESS: UNFINISHED BUSINESS: APPOINTMENTS - PLANNING & ZONING.COMMISSION: It was moved by Councilman McComb, seconded by Councilman Lentz that D. M. Frauenberger be appointed to the Planning & Zoning Commission for a one-year unexpired term. Motion passed 4 to 0. Mayor Reid administered the Oath of Office to Mr. Frauenberger. RESOLUTION NO. R81-15, A RESOLUTION APPROVING UPDATED EMERGENCY OPERATIONS PLAN: Resolution No. R81-15 read in full by Councilman Mack. It was moved by Councilman Mack, seconded by Councilman McComb that Resolution No. R81-15 be passed and approved on first and only reading. Said Resolution No. R81-15 reads in caption as follows: RESOLUTION NO. R81-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, UPDATING THE EMERGENCY OPERATIONS PLAN. Voting "Aye": Councilman Mack, Councilman Lentz, Councilman McComb, and Councilman Gray. Voting "No": None Motion passed 4 to 0. ORDINANCE NO. 426, AN ORDINANCE ORDERING AND FIXING THE RATES TO BE CHARGED BY ENTEX INC. Ordinance No. 426 read in caption by Mayor Reid. (Second Reading) It was moved by Councilman Gray, seconded by Councilman Lentz that Ordinance No. 426 be passed and approved on second and final reading. Said Ordinance No. 426 reads in caption as follows: ORDINANCE NO. 426 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FIXING AND ORDERING THE RATES TO BE CHARGED BY ENTEX, INC. FOR GAS AND GAS SERVICE TO RESIDENTIAL AND SMALL COMMERCIAL CUSTOMERS WITHIN THE CITY OF PEARLAND, TEXAS, ESTABLISH- ING THE EFFECTIVE DATE; REPEALING ALL ORDINANCES IN CON- FLICT HEREWITH; AND PROVIDING FOR SEVERABILITY. Voting "Aye": Councilman Gray, Councilman McComb, Councilman Lentz, and Councilman Mack. Voting "No": None Motion passed 4 to 0. ORDINANCE NO. 246-68, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE APPLICATION NO. 91, W. D. NELSON - PU TO M-1. Ordinance No. 246-68 read in full by Mayor Reid. (Second Reading) It was moved by Councilman Gray, seconded by Councilman Lentz that Ordinance No. 246-68 be passed and approved on second and final reading. Said Ordinance No. 246-68 reads in caption as follows: ORDINANCE NO. 246-68 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN DE- VELOPMENT 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 Mack, Councilman Lentz, Councilman McComb, and Councilman Gray. Voting "No": None Motion passed 4 to 0. NEW BUSINESS: REVIEW OF BIDS RECEIVED ON BID NO. B81-10, TRACTOR AND ASSESSORIES AND POSSIBLE AWARD OF BID: Bids received as follows: VENDOR: TUNNEY'S LAWN MOWER REPAIR MAKE: John Deer 1050 Tractor PRICE: $8,395.00 DELIVERY DATE: Approx. Two Weeks MOWER: Modern 5ft. Highway Special Mower - $1,375.00 BLADE: Modern C 6 Grader Blade - $850.00 VENDOR: LANDSDOWNE-MOODY COMPANY, INC. MAKE: Ford Tractor Model 2600 PRICE: $7,905.00 DELIVERY DATE: Not Shown MOWER: Servis 60 Rotary Mower - $1,914.00 BLADE: Servis Big Rinco Blade with 6 ft blade - $918.27 %1 5 It was moved by Councilman Gray, seconded by Councilman Mack that Bid No. B81-10 be awarded to the lowest bidder, Tunney's Lawnmower Repair in the amount of $10,620.00 for a tractor, mower, and blade, and the budget adjusted accordingly. Motion passed 4 to 0. RESOLUTION NO. R81-16, A'RESOLUTION DESIGNATING ALTERNATE TO HOUSTON-GALVESTON AREA GENERAL MEMBERSHIP BODY: �^ Resolution No. R81-16 read in full by Councilman McComb. It was moved by Councilman McComb, seconded by Councilman Lentz that Resolution No. R81-16 be passed and approved on -first -and only reading. Said Resolution No. R81-16 reads as follows: RESOLUTION NO. R81-16 DESIGNATION OF REPRESENTATIVES HOUSTON-GALVESTON AREA COUNCIL GENERAL ASSEMBLY 1981 BE IT RESOLVED, by the Mayor and City Council of Pearland, Texas, that Mayor Tom Reid be, and is hereby, designated as its representatives to the General Assembly of the Houston -Galveston Area Council for the year 1981. FURTHER, that the Official Alternate authorized to serve as the voting delegate should the hereinabove named delegate become ineligible, or should he resign, is Councilman Charles R. Mack. THAT, the Executive Director of the Houston -Galveston Area Council be notified of the designation of the hereinabove named delegate and alternate. PASSED AND ADOPTED, this the 11th day of May, 1981. /S/ Tom Reid Mayor ATTEST: /S/ Dorothy L. Cook City Secretary Voting "Aye": Councilman Gray, Councilman McComb, Councilman Lentz, and Councilman Mack Voting "No": None Motion passed 4 to 0. ORDINANCE NO. 315-2, AMENDMENT TO SECTION 29, ARTICLE XVI, TRUCK TRAFFIC OF THE CODE OF ORDINANCES• This item to be placed on the next regular agenda. OTHER BUSINESS: It was moved by Councilman Mack, seconded by Councilman Lentz that Councilman McComb's absence from the April 27, 1981 regular meeting of the City Council be shown as excused absence. Motion passed 3 to 0. Councilman McComb abstained. MEETING RECESSED TO EXECUTIVE SESSION AT 9:05 P. M. TEXAS OPEN MEETINGS LAW, Section 2, Subsection (g) Personnel RETURNED TO OPEN SESSION AT 10:15 P. M. NO ACTION AS A RESULT OF EXECUTIVE SESSION. ADJOURN: Meeting adjourned at 10:16 P. M. Minutes approved as submitted and/or corrected this the day of A. D., 1981. Gly-�y Mayor ATTEST: ity ecretary