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1981-06-08 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JUNE 8, 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 Pro Tem Alfred E. Lentz Councilman Councilman Councilman Councilman City Manager City Attorney City Secretary Absent from the meeting: Mayor Tom Reid INVOCATION AND PLEDGE OF ALLEGIANCE: Harry Farley Charles R. Mack Carlton McComb Terry Gray Ronald J. Wicker Bobby J. Williams Dorothy L. Cook The invocation was given by Councilman Farley. The Pledge of Allegiance was led by Councilman Gray. APPROVAL OF MINUTES: It was moved by Councilman Gray, seconded by Councilman Mack that the minutes of the regular meeting held on May 26, 1981, be approved as submitted. Motion passed 4 to 0. Mayor Pro Tem Lentz abstained. MAYOR'S ACTIVITY REPORT: None COUNCIL ACTIVITY REPORT: Councilman Gray made the following statement: Councilman Gray reported this past Friday, after some three to five inches of rain, he inspected water levels at various areas of the City. He found that there are several areas where the City drainage department needs to spend some time. He advised that he discussed this with the City Manager. Councilman Gray stated the areas outside our City that are causing water not to flow or drain from our City is of great concern to him. At the Mary's Creek Bypass at 518, there was approximately three feet difference in the water level on the south side - higher - than on the north side. Water was being forced to flow east and west up the ditches rather than how it should normally flow through the major drainage ditch. This is causing water to backup through Friendswood's residences and Pearland's residences and -.businesses. The culverts at this location are not large enough to handle the volume of water we have experienced in the past. The City Council has appropriated $250,000 in this year's budget to take care of drainage needs. Our Drainage District and the County has spent this amount, and probably more, and every- body is doing an adequate job, but the problem is downstream from us. All of our efforts have failed to keep the water flowing even though we have done a lot and there is much remaining to do. Mr. Gray requested that on the next council meeting we have an action item to consider some action that this City Council can take, and what alternatives the City may be able to take, with regard to governmental entities that are not following one of the primary reasons for the creation of the democratic._ society, that is, protection of property. He stated that he felt like protection of property is being abused by lack of some governmental entities responsible actions. Mayor Pro Tem Lentz requested that the City Manager and City Secretary place this item on the next agenda for consideration. DEPARTMENTAL REPORTS: City Manager Wicker reported that during the Friday flood it seemed that we not only had r--- flooding, but we had severe problems on the west side with the sanitary sewer overflow- ing and problems with our lift station. We investigated this and found that we had one major problem. This was in the area of the new middle school. We found that the con- tractor had actually tied onto our sewer line with a sewer tap and had left these taps open so that actually storm water was overloading the lift stations in the western part of town. We had one pump down at the lift station and the remaining pump could not handle the concentration of water. We have this problem resolved at this time, and have taken steps to close off that particular tap until such time as we have an opportunity to go back in and inspect the whole line. It was suggested that careful attention be paid to the building of this project so such an incident would not happen again. This should be done by a daily inspection of this project. CITIZENS: George R. Blasingame, 3902 Shadycrest Drive, Pearland,`Texas - Mr. Blasingame appeared before the City Council with a complaint about the length of time and confusion in- volved in attempting to install drainage tile in the bar ditch in front of his prop- erty. City Manager Wicker advised the City Council that about three months ago Mr. Blasingame did ask the City to install culverts in front of his house. At that point, there was some discussion on the possible use of some 24 inch seconds. In investi- gating the seconds, quite a few had more damage than we would normally use --some of the bells were completely gone. About this time, Dick Qualtrough was employed as City Engineer and he was asked to investigate the pipe sizing. He determined that if 24 inch pipe was used, the results would be a hump in Mr. Blasingame's yard; however, if we installed two 15 inch culverts, the hump would not be there. Mr. Qualtrough's opinion was that it would require two 15 inch pipes to safely handle the water that existed in Mr. Blasingame's ditch prior to the culverts being installed. Mr. Wicker reported that Mr. Blasingame did buy enough pipe to runup to his neighbor's driveway, but only one run of 15 inch pipe. We installed this pipe double and it did not make it the entire distance. Mr. Wicker recalled that the conversation was that the City had some old 15 inch pipe that he agreed to use because of the mixup. This would be used to supplement the additional he would have to buy to run the two 15 inch stops to his neightbor's driveway. The City would build a drop inlet to take water from the surface. Mayor Pro Tem Lentz stated that, hopefully, we can expeditiously, as time permits, resolve this problem. DOCKETED PUBLIC HEARINGS: 1. LAND USE HEARING - APPLICATION NO. 95, B. M. JAMISON & FRANCES JAMISON -PLANNED UNIT TO MULTI -FAMILY A 15.4912 acre tract being all of Tract 43, a portion of Tract 30, and a portion of Tract 29, out of. the George W. Jenkins Subdivision, J. F. Perry and E. M. Austin Survey, Abstract 111, Brazoria County, Texas. PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: Frances Jamison 2415 E. Broadway - Mrs. Jamison advised that she and her husband were the owners of the property and asked that it be rezoned from PU to MF. L) 9 Barbara Bonin - 2318 Willow Blvd. A. J. Bonin - 2318 Willow Blvd. Bert Jamison - 2415 E. Broadway George Blasingame - 3902 Shadycrest Drive PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST: Leslie Taylor representing the owners of Meadowcreek Village. She stated the largest problem was flooding and drainage in this area. Bruce Bristol - 1111 East Broadway QUESTION AND ANSWER PERIOD: Mayor Pro Tem Lentz read the report from the Planning & Zoning Commission dated May 7, 1981 wherein they recommended that Application No. 95 be disapproved. A discussion was held regarding the adequacy of sewer service. COMPLETE TAPE ON FILE IN THE OFFICE OF THE CITY SECRETARY. ADJOURN HEARING: CHANGE IN ORDER OF BUSINESS: NEW BUSINESS: COUNCIL DECISION ON APPLICATION NO. 95, B. M. JAMISON AND FRANCES JAMISON: Councilman McComb asked that a decision on this matter be postponed until the next meeting when a full council would be present. MEETING RECESSED AT 8:23 P. M. - RECONVENED AT 8:32 P. M. The City Attorney advised that the Mayor Pro Tem could cast a vote since he was also a Councilman. It was moved by Councilman McComb, seconded by Councilman Gray that this decision be delayed until sufficient information about the capacity of the sanitary sewer in the area has been determined. Motion passed 3 to 2. Councilman Farley and Councilman Mack opposed. UNFINISHED BUSINESS: BID NO. B81-11, REALIGNMENT OF CORRIGAN DRIVE WITH WOODY ROAD: City Engineer Dick Qualtrough advised the City Council, by memo, that an investigation was made on seven projects already completed by Lem Construction Company and four proj- ects under construction. All persons contacted made favorable comments. Also, that a personal inspection of thoroughfare work in the area was made and this was found to be excellent. Mr. Qualtrough recommended that the low bid be awarded to the Lem Con- struction Company. It was moved by Councilman McComb, seconded by Councilman Farley that the Lem Con- struction Company, Inc. for a base bid of $77,840.00, working days of 120, be awarded Bid No. B81-11 and the Mayor be authorized to execute the contract. Motion passed 5 to 0. `7 ORDINANCE NO. 315-2, AMENDMENT TO SECTION 29, ARTICLE XVI, TRUCK TRAFFIC, SECTION 29-353 OF THE CODE OF ORDINANCES: Ordinance No. 315-2 read in caption by Mayor Pro Tem Lentz. (Second Reading) It was moved by Councilman Mack, seconded by Councilman Gray that Ordinance No. 315-2 be passed and approved on second and final reading. Said Ordinance No. 315-2 reads in caption as follows: ORDINANCE NO. 315-2 AN ORDINANCE AMENDING CHAPTER 29, OF THE CODE OF THE CITY OF PEARLAND, TEXAS, BY DELETING SPECIFIC SECTIONS THERETO; PROVIDING FOR AN EFFECTIVE DATE AND CONTAINING OTHER PRO- VISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Farley, Councilman Mack, Councilman McComb, Councilman Gray, and Councilman Lentz. Voting "No": None Motion passed 5 to 0. ORDINANCE NO. 246-69, THOMAS D. OFFENBURGER, APPLICATION NO. 93, LAND USE CHANGE - PU TO R-2: Ordinance No. 246-69 read in caption by Councilman Gray. (Second Reading) It was moved by Councilman Gray, seconded by Councilman McComb that Ordinance No. 246-69 be passed and approved on second and final reading. Said Ordinance No. 246-69 reads in caption as follows: ORDINANCE NO. 246-69 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; PRO- VIDING FOR AMENDMENT OF THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PROVI- SIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Gray, Councilman McComb, Councilman Farley, Councilman Mack and Councilman Lentz. Voting "No": None Motion passed 5 to 0. NEW BUSINESS: ORDINANCE NO. 246-70, LOUIS CORTE, AGENT, APPLICATION NOS. 92 & 92A, LAND USE CHANGE PU AND PD TO GENERAL BUSINESS: Ordinance No. 246-70 read in caption by Councilman Farley. (First Reading) It was moved by Councilman Farley, seconded by Councilman Mack that Ordinance No. 246-70 be passed and approved on first of two readings. Said Ordinance No. 246-70 reads in caption as follows: ORDINANCE NO. 246-70 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 TO THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PROVI- SIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Farley, Councilman Mack, Councilman McComb, Councilman Gray, and Councilman Lentz. GiCY, Voting "No"• None Motion passed 5 to 0. ORDINANCE NO. 246-71, LLOYD YOST AND LLOYD R. FERGUSON, OWNERS, APPLICATION NO. 94, LAND USE CHANGE - PU TO COMMERCIAL: Ordinance No. 246-71 read in caption by Councilman Mack. (First Reading) It was moved by Councilman Mack, seconded by Councilman McComb that Ordinance No. 246-71 be passed and approved on first of two readings. Said Ordinance No. 246-71 reads in caption as follows: ORDINANCE NO. 246-71 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 PROVI- SIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Gray, Councilman McComb, Councilman Mack, Councilman Farley, and Councilman Lentz. Voting "No": None Motion passed 5 to 0. ORDINANCE NO. 187-1, AMENDMENT TO CHAPTER 15 OF THE CODE OF ORDINANCE RELATING TO LIBRARIES: Ordinance No. 187-1 read in caption by Councilman McComb. (First Reading) It was moved by Councilman McComb, seconded by Councilman Gray that Ordinance No. 187-1 be passed and approved on first of two readings. Said Ordinance No. 187-1 reads in caption as follows: ORDINANCE NO. 187-1 AN ORDINANCE AMENDING CHAPTER 15, OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, BY ADDING AND DELETING SPECIFIC SECTION CONTAINED THEREIN; PROVIDING FOR AN EFFEC- TIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Gray, Councilman McComb, Councilman Mack, Councilman Farley, and Councilman Lentz. Voting "No": None Motion passed 5 to 0. SEMINOLE PIPELINE COMPANY: Mr. T. Lynn Hogan, Right -of -Way Agent for the Seminole Pipeline Company, appeared before the City Council, presenting a proposal for obtaining right-of-way from the City across two tracts of land. This would be in the area of the Corrigan North Park and the Old Settler's Cemetery. His company is asking for a 50 -foot construc- tion easement which would revert to 30 feet when the line is completed. A discussion was held with representatives of the Pipeline Company regarding the requested easements as well as other pertinent information on route through the City and block valves at City limits. MEETING RECESSED 9:15 P. M. - RECONVENED 9:25 P. M. n It was moved by Councilman Farley, seconded by Councilman Gray that the offer of the Seminole Pipeline Company be rejected on the basis that public park land is not the appropriate place for a high pressure pipeline. Motion passed 5 to 0. RESOLUTION REQUESTING STATE DEPARTMENT OF HIGHWAYS AND TRANSPORTATION TO EXPLORE POSSIBILITY OF MAKING DIXIE FARM ROAD A FARM TO MARKET ROAD: f-- This item to be placed on the next regular agenda. ORDINANCE NO. 427, AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS (HIGHWAY 518 EAST AND WEST): Ordinance No. 427 read by Councilman Gray. (First Reading) It was moved by Councilman Gray, seconded by Councilman Farley that Ordinance No. 427 be passed and approved on first of two readings. Said Ordinance No. 427 reads in caption as follows: ORDINANCE NO. 427 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF ARTICLE 6701D, VERNON'S TEXAS CIVIL STATUTES, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, AS SET OUT IN THIS ORDINANCE; AND PROVIDING A PENALTY OF A FINE NOT TO EXEED $200 FOR THE VIOLATION OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. Voting "Aye Councilman Gray, Councilman McComb, Councilman Mack, Councilman Farley, and Councilman Lentz. - Voting "No": None Motion passed 5 to 0. ORDINANCE NO. 428, AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS (OLD ALVIN ROAD FROM ORANGE STREET._TO KNAPP ROAD): Ordinance No. 428 read by Councilman McComb. (First Reading) It was moved by Councilman McComb, seconded by Councilman Gray that Ordinance No. 428 be passed and approved on first of two readings. Said Ordinance No. 428 reads in caption as follows: ORDINANCE NO. 428 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF ARTICLE 6701D, VERNON'S TEXAS CIVIL STATUTES, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND AS OUT IN THIS ORDINANCE; AND PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED $200 FOR THE VIOLATION OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. Voting "Aye Councilman Farley, Councilman Mack, Councilman McComb, Councilman Gray, and Councilman Lentz. Voting "No": None Motion passed 5 to 0. X9,1 APPROVAL OF ESTIMATE NO. 1 FROM LAYNE TEXAS COMPANY FOR LIBERTY ROAD WATER WELL: City Manager Ron Wicker advised the City Council that he recommended that Estimate No. 1 be approved for payment. It was moved by Councilman McComb, seconded by Councilman Mack that Estimate No. 1 in the amount of $31,500.00, Layne Texas Company, for the Liberty Road Water Well be approved for payment from the Certificate of Obligation, Series 1980 fund. Motion passed 5 to 0. OTHER BUSINESS: RECESSED AT 9:40 P. M. EXECUTIVE SESSION - TEXAS OPEN MEETING'S LAW, SECTION II, SUBSECTION (f) PURCHASE EXCHANGE OR VALUE OF REAL PROPERTY AND SECTION II, SUBSECTION (g); PERSONNEL: RECONVENED AT 10:45 P. M. NO ACTION AS A RESULT OF EXECUTIVE SESSION. ADJOURN: Meeting adjourned at 10:50 P. M. Minutes approved as submitted and/or corrected this the,', day of A. D., 1981. ATTEST: City Secretary Mayor