1979-06-18 CITY COUNCIL REGULAR MEETING MINUTES178
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
HELD ON JUNE 18, 1979, 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
Councilman
Councilwoman
Councilman
Councilman
Acting City Manager
City Attorney
City Secretary
INVOCATION AND PLEDGE OF ALLEGIANCE:
Tom Reid
Dennis Frauenberger
Charles Mack
Fran Coppinger
Carlton McComb
Morris Wilson
Ron Wicker
Bobby J. Williams
Dorothy L. Cook
The invocation was given by Ms. Theda Cessac. The Pledge of Allegiance was led
by Councilman Frauenberger.
APPROVAL OF MINUTES:
It was moved by Councilman Wilson, seconded by Councilman Frauenberger that the
minutes of the regular meeting held on May 29, 1979, be approved as submitted.
Motion passed 5 to 0.
MAYOR'S ACTIVITY REPORT:
Mayor Reid read a letter from Senator A. R. "Babe" Schwartz asking the Mayor to
write various State Agencies and Departments asking them to develop a Contingency
Hazard Plan which would put into effect the emergency allocation of gasoline
during the threat of a hurricane. Mayor Reid advised that he would write a
letter to the Governor and ask that a Contingency Hazard Plan be developed post
haste.
COUNCIL ACTIVITY REPORTS:
Mayor McComb reported that he had read in the local papers that the Brookside
City Council had decided not to build a city jail. He advised that to his
knowledge, Brookside had not approached the City of Pearland with an offer of
financial restitution for the use of Pearland's jail facilities. Councilman
McComb asked that this item be placed on the agenda of July 9, 1979, for discussion
and consideration by this City Council.
Councilman McComb reported that he felt it was time for the City of Pearland to go
out for bids for a City Depository since the citizens expect and should get top
dollar for money invested. He asked that an item be placed on the Agenda of
July 9, 1979, to prepare and put out bids for a City Depository.
DEPARTMENTAL REPORTS:
Ron Wicker advised that he had obtained information from the State Highway
Department stating that the left turn lane on Highway 518 at Green Tee had been
approved under the Urban Assistance Program. We had requested Urban Assistance
funds for left turn lanes at Woodcreek entrance and Dixie Farm Road, also, however,
only the Green Tee entrance was approved.
CITIZENS: None
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DOCKETED PUBLIC HEARINGS:
AARON PASTERNAK, TRUSTEE - APPLICATION NO. 67:
1. Mayor Reid read a letter from James G. Cowen, Attorney for Aaron
Pasternak, Trustee, advising that Mr. Pasternak wished to withdraw
Application 67, and he would likely refile at a later date delineating
the individual uses intended for the property.
GREEN TEE CORPORATION - APPLICATION NO. 68:
2. REQUEST FOR LAND USE CHANGE FROM PU TO OFFICE AND PORFESSIONAL
ON 1.378 ACRES OF LAND OUT OF A 2.560 ACRE TRACT DESCRIBED IN
A DEED FROM DAVID L. SMITH, SAMUEL H. VESTER, JR., AND THOMAS
P. ALEXANDER, TO GREEN TEE COPRORATION DATED OCTOBER 3, 1979,
AS RECORDED IN VOLUME 1047, PAGE 749 OF THE BRAZORIA COUNTY DEED
RECORDS.
Mayor Reid read a letter from the Planning and Zoning Commission wherein
they recommended that this request be granted.
PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE:
1. Linda Haynes, representing Green Tee Corporation.
2. Jack Roberts, 2918 Green Tee, displayed plans for a building on a
portion of this tract.
3. Tom Alexander, 3208 Nottingham, lienholder of the property.
PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE:
1. Richard Terrer, 2215 Country Club Drive.
2. Ms. Joe Sanders, 2004 Green Tee Drive,.
3. Ms. Betty Porter, 2303 Kerry Circle.
4. Jim Porter, 2303 Kerry Circle.
5. Ms. Lu Ellen Robertson, 2220 Green Tee Drive.
6. W. H. Radentz, 3015 Green Tee.
QUESTION AND ANSWER PERIOD: Complete tape of Hearing on file in the office
of the City Secretary.
ADJOURN: Hearing adjourned at 8:20 P.M.
CHANGE IN ORDER OF BUSINESS— NEW BUSINESS:'
COUNCIL DECISION ON APPLICATION 68, GREEN TEE CORPORATION:
It was brought out in the testimony presented that the Homeowner's Association
has contacted the owners of the property in order to negotiate for the purchase
of the property covered by this application. Mayor Reid advised that they would
entertain a motion to table action on this item until July 9, 1979, to permit
negotiations to continue between the owners and Green Tee Corporation.
It was moved by Councilwoman Coppinger, seconded by Councilman McComb that
r- action on Application 68, Green. Tee Corporation be tabled until the regular
meeting of July 9, 1979. Motion passed 5 to 0.
MEETING RECESSED AT 8:30 P.M. - RECONVENED AT 8:45 P.M.
CHANGE IN ORDER OF BUSINESS - PUBLIC HEARINGS (CONTINUED):
CLOSING OF ALLEY IN BLOCK D OF OLD TOWNSITES:
3. REQUEST BY ALEXANDER ESTATES TO CLOSE ALLEY_
PERSONS WISHING TO SPEAK FOR THE CLOSING OF THE ALLEY:
Mr. Charles Webb, representing the Alexander Estates, advised that all owners of
the property abutting the alley were favorable to the closing of this alley. He
advised that the owners had a buyer for a portion of Block D; however, this sale
was contingent upon the closing of the alley. Mr. Webb advised that the Estate was
willing to give ten feet of right of way on Galveston Street between Pear Street
and Walnut Street and the right-of-way previously discussed for the extension of
Old Alvin Road.
QUESTION AND ANSWER PERIOD: Complete tape of Hearing on file in the office of
the City Secretary.
ADJOURN: The Hearing adjourned at 8:50 P.M.
CHANGE IN ORDER OF BUSINESS - NEW BUSINESS:
ORDINANCE NO. 398, AN ORDINANCE CLOSING ALLEY IN BLOCK D OF OLD TOWNSITES:
Ordinance No. 398 was read in caption by Mayor Reid. (First reading)
It was moved by Councilman Frauenberger, seconded by Councilman McComb that
Ordinance No. 398 be passed and approved on first of two readings. Said Ordinance
No. 398 reads in caption as follows:
ORDINANCE NO. 398
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, PROVIDING THAT
THE PUBLIC ALLEY SITUATED IN BLOCK D OF THE OLD PEARLAND
TOWNSITE BE VACATED, ABANDONED AND CLOSED; PROVIDING FOR THE
REVERSION OF THE FEE IN SAID LAND; REPEALING ALL ORDINANCES
IN CONVLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS
RELATING TO THE SUBJECT.
Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Frauenberger,
Councilman Mack, and Councilwoman Coppinger. �—
Voting "Nay" - None Motion passed 5 to 0.
CHANGE IN ORDER OF BUSINESS - UNFINISHED BUSINESS:
ORDINANCE NO. 397, AN ORDINANCE OF THE CITY OF PEARLAND AMENDING CHAPTER 29,
DIVISION 2 OF THE CODE OF ORDINANCES:
Acting City Manager Ron Wicker advised the City Council that the basis for
recommending the amendment of the wording "City Traffic Engineer" to "Director
of Planning and Transportation" is by the request of the State Traffic Safety
Office. Normally, if the person is not in fact a licensed professional engineer,
by law he cannot be called an engineer. This is being done in order to receive
reimbursement on the sign grant that the City applied for some two years ago.
This grant was used to upgrade traffic signs throughout the City to comply with
the Uniform Manual on Traffic Control Devices. This ordinance change needs to
be implemented prior to final inspection of this project so that funding
reimbursement can be made.
Ordinance No. 397 was read in caption by Mayor Reid. (First reading)
It was moved by Councilman Wilson, seconded by Councilman Mack that Ordinance No.
397 be passed and approved on first of two readings. Said Ordinance reads in
caption as follows: ORDINANCE NO. 397
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING
CHAPTER 29, DIVISION 2 OF THE CODE OF ORDINANCES OF THE
CITY OF PEARLAND, TEXAS, BY ADDING AND DELETING SPECIFIC
PROVISIONS CONTAINED THEREIN; AMENDING CERTAIN OTHER
SECTIONS OF CHAPTER 29 RELATING TO THE WORD "TRAFFIC
ENGINEER"; PROVIDING AN EFFECTIVE DATE; AND CONTAINING
OTHER PROVISIONS RELATING TO THE SUBJECT.
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Voting "Aye" - Councilwoman Coppinger Councilman.'.Mack, Councilman Frauenberger,
Councilman McComb, and Councilman Wilson.
Voting "Nay" - None Motion passed 5 to 0.
ORDINANCE NO. 399, AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ALTERING THE
PRIMA FACIE SPEED LIMITS ON DIXIE FARM ROAD:
Ordinance No. 399 was read in caption by Mayor Reid. (First reading)
It was moved by Councilman McComb, seconded by Councilman,Mack that Ordinance No.
399 be passed and approved on first of two readings. Said ordinance reads in
caption as follows: ORDINANCE NO. 399
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, TEXAS, AS SET OUT IN THIS ORDINANCE; PROVIDING A
PENALTY OF A FINE NOT TO EXCEED $200.00 FOR THE VIOLATION OF
THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.
Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Frauenberger,
Councilman Mack, and Councilwoman Coppinger.
Voting "Nay" - None Motion passed 5 to 0.
RESOLUTION NO. R79-15, A RESOLUTION PROVIDING THAT THE PROVISIONS AND PROCEDURES
PRESCRIBED BY HOUSE BILL 1060 FOR AGRICULTURAL LAND TAX RELIEF WILL NOT BE
EFFECTED DURING TAX YEAR 1979:
Resolution No. R79-15 was read in full by Councilman Mack.
It was moved by Councilman Mack, seconded by Councilman Frauenberger that
r-- Resolution No. R79-15 be passed and approved on first and only reading. Said
Resolution reads in caption as follows:
RESOLUTION NO. R79-15
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, PROVIDING THAT THE PROVISIONS AND PROCEDURES PRE-
SCRIBED BY SAID HOUSE BILL 1060 FOR AGRICULTURAL LAND TAX
RELIEF WILL NOT BE EFFECTED DURING THE TAX YEAR 1979.
Voting "Aye" - Councilwoman Coppinger, Councilman Mack, Councilman Frauenberger,
Councilman McComb, and Councilman Wilson.
Voting "Nay" - None Motion passed 5 to 0.
WASTE TREATMENT FACILITIES - PLANT 2 & 3 - LEM CONSTRUCTION COMPANY CONTRACT -
CHANGE ORDER NO. 1:
A Change Order on the contract with Lem Construction Company was brought before
the City Council for consideration. This Change Order has been approved by the
City Engineer, and results in a credit of $8,556.00, as a result of deleting the
perimeter walkway and handrail around the clarifier and adding stairs, handrails,
and grating to Plant No. 2.
It was moved by Councilman McComb, seconded by Councilman Wilson that Change
Order No. 1 on the Lem Construction Company's Contract in the amount of $8,556.00
credit be approved. Motion passed 5 to 0.
APPROVAL OF ENGINEER'S MONTHLY ESTIMATE NO. 4 - LEM CONSTRUCTION COMPANY - WORK
COMPLETED THROUGH MAY 31, 1979 - WASTEWATER TREATMENT FACILITIES PLANTS 2 & 3:
It was moved by Councilwoman Coppinger, seconded by Councilman Mack that Engineer's
Estimate No. 4 in the amount of $34,344.66 on work completed through May 31, 1979
by the Lem Construction Company on Wastewater TreatmentPlants 2 and 3 be app -roved.
Motion passed -5 to 0.
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APPROVAL OF ENGINEER'S MONTHLY ESTIMATE NO. 1 - AUSTIN BRIDGE COMPANY - WORK
COMPLETED THROUGH MAY 31, 1979 - EXTENSION OF MYKAWA ROAD:
It was moved by Councilman Wilson, seconded by Councilman McComb that Engineer's
Monthly Estimate No. 1 in the amount of $18,909.00 on work completed through
May 31, 1979 by the Austin Bridge Company on the extension of Mykawa Road be
approved. Motion passed 5 to 0.
APPROVAL OF ENGINEER'S MONTHLY EXTIMATE NO. 6 - MARATHON PAVING AND UTILITY
CONSTRUCTIONS, INC. - WORK COMPLETED THROUGH MAY 31, 1979 - WALNUT STREET PROJECT:
It was moved by Councilman McComb, seconded by Councilman Wilson that Engineer's
Estimate No. 6 to the Marathon Construction Company be passed until the next
meeting. Motion passed 5 to 0.
The City Council requested that the City Engineer be present at the meeting at
which time this item will again be considered for further consultation regarding
this project.
APPLICATION NO. 69, FRANK TOUSINEAU, TRUSTEE - REQUEST FOR LAND USE CHANGE:
Mayor Reid read a report dated June 7, 1979, from the Planning and Zoning
Commission wherein they recommended that the City Council approve the Land Use
Change requested.
It was moved by Councilman Frauenberger, seconded by Councilman Wilson that a
Public Hearing before the City Council be called for July 9, 1979, on the request
for Land Use Change - Application No. 69, Frank Tousineau, Trustee. Motion
passed 5 to 0.
COMPREHENSIVE UPDATE:
This item will be on the July 9, 1979, meeting agenda for the call of a workshop
meeting between the City Council and the Planning and Zoning Commission for
the purpose of reviewing the Comprehensive Plan Update.
OTHER BUSINESS:
MEETING RECESSED AT 9:30 P.M. TO EXECUTIVE SESSION - TEXAS OPEN MEETING'S LAW,
SECTION 2, SUBSECTION (e) - LEGAL, AND SECTION 2, SUBSECTION (f) PURCHASE,
EXCHANGE OR VALUE OF REAL PROPERTY.
RECONVENED TO OPEN MEETING AT 10.00 P. M.
ADJOURN:
Meeting adjourned at 10:01 P. M.
Minutes approved as submitted and/or corrected this 25 day of
June A. D., 1979.
Mayor
ATTEST.
ity Secretary