1981-09-14 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON
SEPTEMBER 14, 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
Tom Reid
Councilman/Mayor Pro Tem Al Lentz
Councilman Terry Gray
Councilman Harry Farley
Councilman Carlton McComb
Councilman Charles R. Mack
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 Councilman Farley. The Pledge of Allegiance was led by
Councilman Gray.
APPROVAL OF MINUTES:
It was moved by Councilman Gray, seconded by Councilman Lentz that the minutes of the
regular meeting held on August 24, 1981, be approved as submitted.
Motion passed 5 to 0.
MAYOR'S ACTIVITY REPORT:
Mayor Reid presented a proclamation to Mrs. Anna Lentz, President of the P. T. A.
Council proclaiming September 21, 1981 through September 25, 1981 as Pearland P. T. A.
Membership Drive Week in Pearland.
Mayor Reid presented a proclamation to Mr_ Otto Schroeder, President of the Pearland
Area Chamber of Commerce proclaiming Saturday, September 19, and Sunday, September 20,
as Pearland Founder's Days in Pearland.
Mayor Reid read a letter from Lee B. Polanco resigning from the Park's Board effective
September 1, 1981.
COUNCIL ACTIVITY REPORTS:.
Councilman Lentz spoke about the need to continue working diligently on our local
flooding problems. He stated that we had come a long way but we still have a long way
to go.
The key to our drainage problem is Clear Creek, and we must work to get the rectifi-
cation of Clear Creek, whether it be by the Corps of Engineers or the combined efforts
of local governments. We must begin, along with Brazoria County Drainage District No.
4, to develop a sound Flood Plain Management Program. We have already started such a
program by requiring retention ponds be built in the two proposed developments West of
the City. Second, was the adoption of our storm drainage criteria for subdivisions.
Mr. Lentz stated that this Plan should be designed so as to place no undue hardship on
developers, nor should it allow increased development at the expense of our citizens.
It must be flexible so it can conform to each particular situation. It should include
channel rectification, retention or detention facilities,.a good sound plan for
maintenance of all facilities, and a commitment and support from each governmental
agency to work for the program. He stated that he felt that the County must scru-
tinize all acceptances of right-of-ways to their road system. By rejecting these
right-of-ways until a definitive plan has been approved by local governmental agen-
cies, proliferation of red flag subdivisions would be cut. These red flag sub-
divisions, if they are unchecked, can add greatly to the flooding problems.
Councilman Lentz stated that our efforts will be directed in trying to keep the water
out of as many houses as possible. Unfortunately, the water cannot be kept out of
the streets. During floods, the streets have been designed to become part of the
drainage system.
He urged that we begin immediately to develop a good sound flood management plan,
and the only thing we ask of the citizens is their support and that other govern-
mental entities do their share also.
Councilman McComb called attention to Senate Bill No. 28 that everyone will be voting
on in November. This Bill changes up the Drainage District's two watershed districts,
and what it means in our area is that DD No. 4 will lose a small amount of land; how-
ever, what this Bill does include is a total watershed plan for this District in
Brazoria County. This.will mean a tax increase because they will have to hire a full
time Engineer and staff to do all of this work. Councilman McComb stated that in
some ways this Bill is good; however, it only covers Brazoria County and does not
cover Galveston or Harris Counties.
MAYOR'S ACTIVITY REPORT: (CONTINUED)
Mayor Reid requested that City Manager Wicker make a recommendation to the City Council
on some method we could use as an interim approach to moving the traffic on Highway
518 from about 4:30 P. M. to 6:00 P. M. Mayor Reid said that he was aware that this
would likely cost the City some money, but he felt for the health and welfare of the
citizens it should be done. Plans for widening Highway 518, and by the Highway De-
partment installing turn signals at Green Tee, Woodcreek, and possibly Dixie Farm
Road, should help alleviate this situation.
DEPARTMENTAL REPORTS:
City'Manager Wicker reported that a case of rabies in the City has been confirmed.
He asked the newspapers to publish some information on this urging the citizens to
try and get their animals vaccinated. City Manager Wicker advised that a notice to
all of the citizens with the Mayor's signature be sent making them aware of the need
for vaccinating their pets.
UNFINISHED BUSINESS:
APPOINTMENT TO THE LIBRARY BOARD TO FILL VACANCY CREATED BY RESIGNATION OF KENNETH
r... KESSELUS :
It was moved by Councilman McComb, seconded by Councilman Gray that Dr. Robert L.
Shagrin be appointed to the Library Board to fill the vacancy created by the resig-
nation of Kenneth Kesselus.
Motion passed 5 to 0.
Mayor Reid administered the Oath of Office to Dr. Shagrin.
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CITIZENS:
Mr. Oggero, President of Ashwood Homes, Inc., appeared before the City Council re-
questing that the easement on Lot 6, Block 3, Green Tee Terrace Townhouses be relin-
quished.
CHANGE IN ORDER OF BUSINESS:
NEW BUSINESS:
REQUEST
BY WILLIAM
B.
OGGERO,
PRESIDENT OF ASHWOOD HOMES,
INC. FOR DRIVEWAY EASEMENT
TO
BE RELINQUISHED
IN
LOT 6,
BLOCK 3, GREEN TEE TERRACE,
TOWNHOUSE RESERVE:
City Manager Wicker referred to the Plat of the property and advised that only two
access easements were in this block. These were originally intended to be used for
fire lanes. He stated that each individual track had been sold off by metes and
bounds as the property was developed, and the 20'access easement now lies under one
of the patio homes.
After a discussion with Mr. Oggero, the City Council recessed at 8:25 P. M. to review
the Plat.
RECONVENED AT 8:35 P. M.
City Attorney Williams stated that we need to determine the following:
(a) What utilities, if any, are in the 10 -foot utility easement;
(b) Whether or not there is a need for the 20 -foot access;
(c) Whether or not there should be an abandonment of this right-of-way similar
to that when the alley was closed behind McDonalds;
(d) A metes and bounds description of the property that is going to be released,
or sought to be released.
Mr. Williams stated that this could be done by application, and he did not feel that
platting was required.
Mayor Reid referred this matter to City Manager Wicker to work out the details and
bring back to the City Council for consideration.
CITIZENS (CONTINUED):
Mr. S. J. Gaido, representing Galin Corporation, spoke before the City Council re-
garding a Contract with the City for construction of Old Alvin Road Extended and some
of the problems discussed in various correspondence between his company and the City.
City Manager Wicker advised that he met with Mr. Gaido and Mr. Lingle in the presence
of either staff or Councilman Lentz on several occasions, and as far as the quality control
problem is concerned that this is a problem that needs to be corrected prior to final
acceptance of the roadway. He stated that until that problem was resolved, he would
not recommend that the roadway be accepted.
City Manager Wicker stated that Engineer Malcolm Collins' letter regarding the items
requested for additional payment by Galin Corporation was included in the packet.
MEETING RECESSED 8:50 P. M. - RECONVENED 9:00 P. M.
It was moved by Councilman Farley, seconded by Councilman Gray that the City Council
proceed to the next item of business.
Motion passed 5 to 0.
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UNFINISHED BUSINESS:
ORDINANCE NO. 431, AN APPROPRIATION ORDINANCE ADOPTING A REVENUE SHARING BUDGET FOR
THE ENTITLEMENT PERIOD BEGINNING OCTOBER 1, 1981 AND ENDING SEPTEMBER 30, 1982:
Ordinance No. 431 read in caption by Mayor Reid. (Second Reading)
It was moved by Councilman Mack, seconded by Councilman Farley that Ordinance No. 431
be passed and approved on second and final reading. Said Ordinance No. 431 reads in
caption as follows:
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ORDINANCE NO. 431
AN APPROPRIATION ORDINANCE ADOPTING A REVENUE SHARING
BUDGET FOR THE ENTITLEMENT PERIOD BEGINNING OCTOBER 1,
1981 AND ENDING SEPTEMBER 30, 1982.
Voting "Aye": Councilman Farley, Councilman Mack, Councilman Lentz, Councilman
McComb, and Councilman Gray.
Voting "No None
Motion passed 5 to 0.
ORDINANCE NO. 432, AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 1981 AND ENDING SEPTEMBER 30, 1982:
Ordinance No. 432 read in caption by Mayor Reid. (Second Reading)
It was moved by Councilman Farley, seconded by Councilman McComb that Ordinance No.
432 be passed and approved on second and final reading. Said Ordinance Na. 432 reads
in caption as follows:
ORDINANCE NO. 432
AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 1981 AND ENDING
SEPTEMBER 30, 1982.
Voting "Aye": Councilman Gray, Councilman McComb, Councilman Lentz, Councilman
Mack, and Councilman Farley.
Voting "No": None
Motion passed 5 to 0.
ORDINANCE NO. 433, AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL
GOVERNMENT OF THE CITY OF PEARLAND,`TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING
FUND FOR THE TAXABLE YEAR 1981 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE:
Ordinance No. 433 read in caption by Mayor Reid. (Second Reading)
It was moved by Councilman McComb, seconded by Councilman Lentz that Ordinance No.
433 be passed and approved on second and final reading. Said Ordinance No. 433 reads
in caption as follows:
ORDINANCE NO. 433
AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF
THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS,
AND PROVIDING FOR THE INTEREST AND SINKING FUND FOR THE
TAXABLE YEAR 1981 AND APPORTIONING EACH LEVY FOR THE
SPECIFIC PURPOSE.
Voting "Aye Councilman Farley, Councilman Mack, Councilman Lentz, Councilman
McComb, and Councilman Gray_
Voting "No": None
Motion passed 5 to 0.
ENGINEERING ESTIMATES:
It was moved by Councilman Lentz, seconded by Councilman McComb that Engineering
Estimate No. 4, Brown & Root, Inc., for Reconstruction of City Streets, in the
amount of $29,805.45; Engineering Estimate No. 1, Lem Construction Company, for
the Realignment of Corrigan Drive with Woody Road, in the amount of $64,588.05;
and Engineering Estimate No. 2, Ben Felts Contracting Company, for Water Line on
Woody Road, in the amount of $8,496.62, be approved for payment from the appro-
priate funds.
Motion passed 5 to 0.
ORDINANCE NO. 181-1, AN ORDINANCE AMENDING CHAPTER 12, GARBAGE AND TRASH:
This ordinance to be placed on the next agenda.
ANNEXATION OF PROPERTY WEST OF THE PRESENT CITY LIMITS:
City Manager Wicker reported that a staff investigation has been made on the impact
of an annexation west of the City Limits in an area bounded by Hatfield, 518, Harkey
Road and Magnolia Road west extended.
The following information was submitted to the Council:
1. Approximate population - 719
2. Approximate cost of water & sewer service - $128,000 water and $226,000
sewer, plus engineering costs. This based on developers of an area west
of Harkey extending water & sewer lines down Highway 518.
3. Total value of property as indicated by School Tax Rolls - $4,017,880,
which would generate $24,911 based on the present City tax rate.
4. City would be required to adopt a plan for the initiation of water and
sewer service to the newly annexed area, and the plan adopted by the
City would be construed as a contractual agreement, and the construction
of the facilities to begin within two and one-half years of annexation.
Soft services, such as garbage, police and fire, to begin within 60 days.
After a discussion on the various aspects of this report, as well as the impact on
our present utility system, the following motion was made:
It was moved by Councilman McComb, seconded by Councilman Farley that the staff
present a metes and bounds specification for an annexation beginning at the existing
City Limits at Hatfield Road, running along the North right-of-way line of F. M.
518, to a point to the Northwest corner of Tract 3 and 3A. Thence, South, East,
North surrounding tract to an acceptable abstract line in an easterly direction at a
point on Hatfield Road. Before holding of any hearings, a contract between City
and Pearland 518 Limited for guarantee of placement of adequate water and sewer
along 518 is to be executed.
Motion passed 4 to 1.
Councilman Terry Gray opposed.
The City Manager was requested to obtain information also on the cost of improve-
ments to the lift station located on Walnut Street, not only for the impact any
annexation might have on it, but the improvements to the facility to handle present
population.
OTHER BUSINESS:
MEETING RECESSED TO EXECUTIVE SESSION AT 10:45 P. M.
1. EXECUTIVE SESSION - Texas Open Meeting's Law, Section 2, Subsection (e),
Legal and Section 2, Subsection (g), Personnel.
2. RETURN FROM EXECUTIVE SESSION AT 11:30 P. M.
No action as a result of Executive Session.
ADJOURN:
Meeting adjourned 11:31 P. M.
Minutes approved as submitted and/or corrected this the day of ,
A. D., 1981.
ATTEST:
City Secretary
r
Mayor
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