1979-09-10 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
HELD ON SEPTEMBER 10, 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
Councilwoman
Councilman
Councilman
Councilman
Acting City Manager
City Attorney
City Secretary
Tom Reid
Dennis Frauenberger
Fran Coppinger
Charles Mack
Carlton McComb
Morris Wilson
Ron Wicker
Bobby Williams
Dorothy L. Cook
INVOCATION AND PLEDGE OF ALLEGIANCE:
The invocation was given by Mayor Reid. The Pledge of Allegiance was led by
City Attorney Bobby Williams.
APPROVAL OF MINUTES:
It was moved by Councilman Frauenberger, seconded by Councilman Wilson that the
minutes of the regular meeting held on August 27, 1979, be approved as submitted.
Motion passed 5 to 0.
MAYOR'S ACTIVITY REPORT:
Mayor Reid announced the designation of the following as members of the Civil
Defense Committee: Director of Planning and Transportation, Ronald Wicker;
Chief of Police, Glen Stanford; Director of Public Works, Escue Harris; Director
of Public Health, Dr. David Armbruster; Fire Chief, Larry Steed; Director of
Emergency Medical Services, Joe Henderson; Superintendent of Schools, Preston
Bullard; Reverend Donald G. "Don" Willis; and City Manager, William E. Wolff.
Oaths of Office were administered to Steed, Henderson, Stanford, Wicker, and
Armbruster.
COUNCIL ACTIVITY REPORTS: None
DEPARTMENTAL REPORTS:
Ron Wicker advised that he spoke with the Federal Disaster Relief Representatives
concerning damages incurred as a result of our flood, and they have assessed
approximately $120,000 in damage to streets, storm sewers, lift stations and
sewer facilities.
CITIZENS:
Bob Christensen, President of the Chamber of Commerce, presented to the members
of the City Council T -Shirts with "Run for the Pears" written on them as part
of the Founder's Day Celebration on September 22, 1979.
Mr. William C. Louden appeared before the City Council and requested that he be
granted permission to obtain a building permit for west 80 feet of Lot 9, Block
3, Brookland Acres Subdivision. He advised that he wished to keep the remainder
of the 20.02 acres as an addition to Lot 10 due to the fact that he has a
building over the line on Lot 9. He also advised that he had a party wanting to
buy the 80 feet of Lot 9, and they wanted to be assured that they could build a
home on this property, Mr. Louden advised that he thought the building encroached
about 10 feet into Lot 9,
CHANGE IN ORDER OF BUSINESS - NEW BUSINESS:
REQUEST BY WILLIAM C. LOUDEN FOR RELEASE OF BUILDING PERMIT ON LOT 9, BLOCK 3,
BROOKLAND ACRES SUBDIVISION:
The City Council discussed this matter with Mr. Louden with reference to aside yard
of 7 feet or more from this building in order to comply with the zoning ordinance.
Mr. Louden was advised to bring back to the City Council the measurements and
placement of the outbuilding, after he had coordinated the matter with Ron
Wicker, for further consideration by the City Council.
CITIZENS - (CONTINUED) :
Mr. Andy Howard, representing General Homes, appeared before the City Council
with a letter of request for formation of Utility Districts to serve approx-
imately 1,500 acres, more or less, which is located partially in the extra-
territorial jurisdiction of the City of Pearland. Mr. Howard exhibited a
First Draft of the proposed subdivision to be called Southwyck. Mayor Reid
read a letter from Paul A. Philbin, Attorney for the developers into the records
of the City. Mayor Reid appointed a Committee consisting of Councilman Mack,
Councilman Wilson, City Attorney Bobby Williams, and Director of Planning and
Transportation Ron Wicker to represent the City and work with the developers on
this proposed project.
MEETING RECESSED AT 8:45 P.M. - RECONVENED AT 8:55 P.M.
Mr. Richard V. Gadd, Jr., representing U. S. Homes, appeared before the City
Council advising that U. S. Home Corporation proposes to develop a residential
community within the extra -territorial jurisdiction of the City of Pearland.
They requested consideration to subsequently submit a petition to create a
Municipal District covering 1,024 acres of land South of Clear Creek and East
and West of the new South Freeway (288). Mayor Reid read into the records a
letter from U.S. Homes dated September 6, 1979, outlining some future plans for
this development. The same Committee appointed by the Mayor to work with
General Homes was also appointed to work with the U. S. Home Corporation.
DOCKETED PUBLIC HEARINGS: None
UNFINISHED BUSINESS:
AUTHORIZATION OF EASEMENTS FROM ALEXANDER ESTATE:
City Attorney Williams advised the City Council that all documents concerning
the right-of-way on Galveston Avenue and Old Alvin Road from the Alexander
Estate in exchange of the Alley in Block D of the Old Townsite have been executed.
It was moved by Councilman Mack, seconded by Councilman Wilson that the Easements
from the Alexander Estate concerning Galveston Avenue and Old Alvin Road be
ratified by the City Council. Motion passed 5 to 0.
DEPOSITORY BID:
Mayor Reid read into the records a letter from Lairson, Young 4 Fitch, Auditors
for the City of Pearland dated September 7, 1979, wherein they summarized both
bids received for a Depository, and advised that it was their conclusion that
the alternate bid submitted by the Pearland State Bank should provide the better "J
rate of return to the City of Pearland.
It was moved by Councilman Wilson, seconded by Councilman Mack that the City
Council award the Depository Bid to the Pearland State Bank for a period of
three years beginning October 1, 1979, and that the City Attorney be instructed
to prepare a contract with the following provisions:
N
1. Alternate bid for a three year period starting 10/1/79.
2. Fixed Maturities and/or Certificates of Deposit under $100,000 from 30
days to one year and over: 5/8 of 1% over that rate of discount quoted
on -.U. S. Treasury Bills of equivalent maturity, but not exceeding rates
permitted under Regulation Q of the Federal Reserve System.
3. Fixed Maturities and/or Certificates of Deposit over $100,000 from 30
days to 364 days: 5/8 of 1% over the rate of discount quoted on U.S.
Treasury Bills of equivalent maturity, but not to exceed rates permitted
under Regulation Q of the Federal Reserve System.
4. The following services will be provided at no charge:
(a) Paying agent for warrants; (b) Checks furnished; (c) Safety Deposit
boxes; (d) Transportation Services; (e) Money Orders and Cashier's Checks;
(f) Night Depository Services including bags and keys; (g) Wire transfer
service; and (h) Coin wrappers
5. No charge for handling checks and deposits.
6. No charge for handling temporary overdrafts.
th loans
7. 6% interest to be charged on loansy M arland State Bank limi?%presently
$400,000.00. Motion passed 2 to 0.
ORDINANCE NO. 246-59, AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE
LOUIS A. CORTE, TRUSTEE:
Acting City Manager Ron Wicker advised that in each Council packet there was a
procedural format for mobile home applications, and he felt that most of the
items listed have been complied with, however, before final reading of the
Ordinance the plans should be reviewed by a Professional Engineer.
T-- Ordinance No. 246-59 was read in caption by Mayor Reid. (First Reading)
It was moved by Councilman Frauenberger, seconded by Councilman Mack that
Ordinance No. 246-59 be passed and approved on first of two readings. Said
Ordinance reads in caption as follows:
ORDINANCE NO. 246-59
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 PRO-
VISIONS 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.
ORDINANCE NO. 246-58, AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE
GAIDO-LINGLE, INC.:
Ordinance No. 246-58 was read in caption by Mayor Reid. (Second Reading)
It was moved by Councilman McComb, seconded by Councilman Frauenberger that
Ordinance No. 246-58 be passed and approved on second and final reading. Said
Ordinance reads in caption as follows:
ORDINANCE NO. 246-58
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 PRO-
VISIONS RELATING TO THE SUBJECT.
Voting "Aye'_' - Councilwoman Coppinger, Councilman Mack, Councilman Frauenberger,
Councilman McComb, and Councilman Wilson.
Voting "Nay" - None Motion passed 5 to 0.
224
NEW BUSINESS (CONTINUED):
TENNIS COURT BIDS:
Acting City Manager Ron Wicker advised that no bids were received on this project.
City Engineer Malcolm Collins advised that he had received inquiries from two
prospective bidders, however, one felt they did not have adequate time to submit
a bid and the other was reluctant to bid the topping of the courts to specifications.
Mr. Collins advised that he would prepare alternate bid specifications the next
time the bid is sent out, and he felt sure that the.City would receive some bids.
It was suggested that he work out alternate specifications and that this project
be rebid at a time to be determined by the City Manager.
ORDINANCE NO. 405, AN ORDINANCE PROVIDING FOR CERTAIN COLLECTION EXPENSE IN
CONNECTION WITH DELINQUENT TAXES:
Ordinance No. 405 was read in caption by Mayor Reid. (First Reading)
It was moved by Councilman Wilson, seconded by Councilman Frauenberger that
Ordinance No. 405 be passed and approved on first of two readings. Said
Ordinance reads in caption as follows:
ORDINANCE NO. 405
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, PROVIDING FOR CERTAIN COLLECTION EXPENSE IN CONNECTION
WITH DELINQUENT TAXES OWED TO THE CITY OF PEARLAND (HEREAFTER
REFERRED TO AS "JURISDICTION") .
Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Frauenberger,
Councilman Mack, and Councilwoman Coppinger.
Voting "Nay" - None Motion passed 5 to 0.
RESOLUTION N0. R79-22, A RESOLUTION AUTHORIZING MAYOR TO EXECUTE CONTRACT BETWEEN
THE CITY AND JOHN W. COOLIDGE. TAX ATTORNEY:
Resolution No. R79-22 was read in full by Councilman Frauenberger.
It was moved by Councilman Frauenberger, seconded by Councilman Wilson that
Resolution No. R79-22 be passed and approved on first and only reading. Said
Resolution reads in caption as follows:
RESOLUTION NO. R79-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BY AND
BETWEEN THE CITY OF PEARLAND AND JOHN W. COOLIDGE, ATTORNEY.
Voting "Aye" - Councilwoman Coppinger, Councilman Mack, Councilman Frauenberger,
Councilman McComb, and Councilman Wilson.
Voting "Nay" - None Motion passed 5 to 0.
ENGINEERING ESTIMATE NO. 7. LEM CONSTRUCTION COMPANY:
It was moved by Councilman McComb, seconded by Councilman Frauenberger that
Engineering Estimate No. 7, Lem Construction Company in the amount of $53,429.50
for work completed through August 31, 1979 be approved for payment out of
Sewer Bond Funds. Motion passed 5 to 0.
U
ENGINEERING ESTIMATE NO. 9, MARATHON PAVING & UTILITY CONSTRUCTORS, INC.:
A discussion was held with the Engineer regarding the crown and grade of
Walnut Street particularly the area near the railroad crossing. City Engineer
Collins advised that he would check this particular area closely before the
topping is placed on the street.
It was moved by Councilwoman Coppinger, seconded by Councilman Mack that Engineering
Estimate No. 9 be tabled until the next meeting and that representatives of
Marathon Paving & Utility constructors, Inc. be requested to attend the next
meeting. Motion passed 4 to 1. Councilman McComb opposed.
ENGINEERING ESTIMATE NO.. 4, AUSTIN BRIDGE COMPANY:
It was moved by Councilman Wilson, seconded by Councilwoman Coppinger that
Engineering Estimate No. 4, Austin Bridge Company in the amount of $84,101.92
for work completed through August 31, 1979, be approved for payment out of
Thoroughfare Bond Funds. Motion passed 5 to 0.
ENGINEERING ESTIMATE NO. 1, INTERURBAN PIPELINES, INC,:
r—
It was moved by Councilman Frauenberger, seconded by Councilman Mack that
Engineering Estimate No. 1, Interurban Pipelines, Inc. in the amount of $47,168.64
for work completed through August 31, 1979, be approved for payment out of
Sewer Bond Funds. Motion passed 5 to 0.
ORDINANCE NO. 406, PORTABLE SIGN ORDINANCE:
This item to be placed on later agenda.
PROPOSED ELECTRICAL CODE REVISIONS:
It was moved by Councilwoman Coppinger, seconded by Councilman Wilson that the
City Attorney be authorized to prepare an amendment to the Electrical Code for
consideration by the City Council on the recommendations made by the Electrical
Board of the City. Motion passed 5 to 0.
WORKSHOP ON COMPREHENSIVE SIGN ORDINANCE:
It was moved by Councilwoman Coppinger, seconded by Councilman Frauenberger that
a Workshop meeting be called for 7:30 P.M., October 1, 1979 on the proposed ,.
Comprehensive Sign Ordinance. Motion passed 5 to 0.
OTHER BUSINESS:
EXECUTIVE SESSION - TEXAS OPEN MEETING'S LAW, SECTION 2, SUBSECTION (g) PERSONNEL.
RETURNED TO OPEN SESSION AT 10:20 P.M. NO ACTION
ADJOURN:
The meeting adjourned at 10:21 P.M.
Minutes approved as submitted and/or corrected this day of
A, D., 1979.
Mayor
ATTEST :
City Secretary