1979-10-08 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
HELD ON OCTOBER 8, 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
Tom Reid
Councilman
Charles R. Mack
Councilman
Carlton McComb
Councilman
Morris S. Wilson
City Manager
William -.E. Wolff
City Attorney
Bobby J. Williams
Absent from the meeting: Councilman Dennis Frauenberger and Councilwoman
Fran Coppinger .
INVOCATION AND PLEDGE OF ALLEGIANCE:
The invocation was given by Mayor Reid. The Pledge of Allegiance was led by
Evan Middleton, President of the Corrigan Civic Club.
APPROVAL OF MINUTES:
It was moved by Councilman Mack, seconded by Councilman Wilson that the minutes
of the regular meeting held on September 24, 1979, be approved as submitted.
Motion passed 3 to 0.
MAYOR'S ACTIVITY REPORT:
Mayor Reid read a letter dated October 4, 1979, from Evan Middleton, 5306 Groveton,
President of the Corrigan Civic Club as follows:
"EVAN V. MIDDLETON
5306 Groveton
Pearland, Texas 77581
October 4, 1979
The Honorable Tom Reid
Mayor - City of Pearland
Pearland, Texas
RE: Your letter of October 1, 1979 to
Mr. Tobias concerning storm drain
maintenance
Dear Mr. Reid:
On behalf of the members of the Corrigan Civic Club, I would like to commend
the Mayor, and the City Council for their prompt action following the last
City Council Meeting.
By your immediate reaction to the storm drain restriction problem currently
existing in the Corrigan Subdivision, you have demonstrated that out city
government does have concern for the welfare of the Citizens.
I would like to add however, that although what has been done will contribute
towards the alleviation of the drainage problem, reactionary maintenance after
the fact, is not the answer.
r--- The Corrigan Civic Club proposes that the City Governmental Body, appoint a
committee comprising of Council Members and Citizens, for the express purpose
of formulating a City Wide Drainage System Continuors Maintenance Program.
This program would be presented before the Mayor and City Council for cost
affectiveness study and implementation before the 1980 Spring rains begin.
Combined efforts between the members of Drainage District #4 and the City
Maintenance crews in restoring the present city wide systems to their design
configuration, will reduce the cost of elaborate, add-on Flood Control Systems.
The members of the Corrigan Civic Club are aware that possible flooding of
subdivision is only one of the many problems which face a growing community
such as Pearland.
Please be assured that the members of the Corrigan Civic Club stand ready to
assist the Mayor and the City Council in whatever capacity you deem necessary
towards the solution of these problems.
Only by working together towards a common goal can victory be achieved.
The Corrigan Civic Club intends to hold meetings at a predesignated place the
first Tuesday of each month at 7:30 p.m. I would like to extend an open
invitation to you and the other members of the City Council to attend and
participate in our meetings. Please contact a member of our Executive Board
regarding the specific location of each meeting.
The members of the Corrigan Civic Club hope to continue a mutually beneficial
relationship with you and the other members of the City Council. If I or
any members of our Executive Board can assist you in any way, please do not
hesitate to call upon us.
Very truly yours,
s/Evan Middleton
President - Corrigan Civic Club
EVM/pk"
Mayor Reid appointed Eldon Bunnell and Al Lentz to serve on a Special Drainage
Study Committee.
Mayor Reid appointed William Wolff, City Manager, to replace Jim DeShazer on
the Joint City -School Tax Office Study Committee. Mayor Reid advised that the
reason for this change was due to the fact that Mr. DeShazer was involved in
the County Wide Appraisal District which is very time consuming.
DEPARTMENTAL REPORTS: None
Councilman Wilson requested that the Bond Project, Rehabilitation of present
Sewer System, be included on the next Agenda.
CITIZENS:
Richard K. Simpson of 3523 W. Circle Drive withdrew his comment until a later _
date.
Eldon Bunnell of 5305 Groveton Lane spoke to the City Council regarding planned
development of subdivisions in the Mary's Creek watershed West of Pearland.
A discussion was held with Mr. Bunnell on this matter.
Evan Middleton of 5306 Groveton Lane, President of the Corrigan Civic Club,
presented six questions that he wished answered by the City Council. Mayor
Reid advised that this matter would be researched and a letter forwarded to him.
Donna Rozycki of 5410 Carmona appeared before the City Council on behalf of the
Corrigan Civic Club asking for job descriptions of the Mayor, City Council,
City Manager and Planning and Transportation Director. Mayor Reid advised that
all of the job descriptions asked for were in the City Charter with the
exception of Planning and Transportation Director, and this was by Ordinance.
Mayor Reid gave Mrs. Rozycki a copy of the City Charter and the Ordinance
creating the Department of Planning and Transportation.
UNFINISHED BUSINESS:
AUTHORIZATION FOR MAYOR TO SIGN LEASE AGREEMENT BETWEEN THE CHAMBER OF COMMERCE ._.:
AND THE CITY OF PEARLAND FOR USE OF DEPOT BUILDING:
This item to be on the next agenda.
ORDINANCE NO. 406, PORTABLE SIGN ORDINANCE:
This item tabled until next regular agenda.
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AWARD OF BID NO. B79-10, OPERATION OF SANITARY LANDFILL:
It was moved by Councilman Wilson, seconded by Councilman McComb that Bid No.
B79-10, Operation of Sanitary Landfill be awarded to John C. Jamison in the
amount of $79,000.00. Motion passed 3 to 0.
NEW BUSINESS:
RESOLUTION NO. R79-24, A RESOLUTION AUTHORIZING AND GIVING NOTICE OF INTENTION
TO ISSUE TIME WARRANTS IN THE MAXIMUM AMOUNT OF $15,000.00 FOR ENGINEERING
SURVEY AND LEGAL OPINION:
Resolution No. R79-24 was read in full by Councilman Mack.
Said Resolution No. R79-24 reads as follows:
RESOLUTION NO. R79-24
A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING
THE GIVING OF NOTICE OF THE INTENTION TO ISSUE TIME WARRANTS
FOR PERSONAL SERVICES INVOLVED IN THE 1979 DRAINAGE STUDY;
PROVIDING THE DETAILS RELATING THERETO; AND CONTAINING OTHER
PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, recent record rains caused flooding on the local watersheds;
and
WHEREAS, the streams during and after these record rains have flooded,
thereby causing storm water to enter a number of homes and businesses in
Pearland; and
WHEREAS, four possible plans for controlling this flood water were
presented to the City Council by the City Manager for their consideration with
the recommendation that these possibilities be studied by a competent engineer
and legal council; and
WHEREAS, there is not a sufficient allocation of funds in the current
budget to finance such study and opinion;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS: Section I.
That the facts and recitations contained in the preamble of this
Resolution are hereby found and declared to be true and correct.
. Section II.
That the City Secretary is hereby authorized and directed to cause to
be published in the manner required by law, a notice of intention to issue
Time Warrants in substantially the following form to -wit:
NOTICE OF INTENTION TO ISSUE TIME WARRANTS BY THE CITY OF
PEARLAND. TEXAS
Notice is hereby given by the City Council of the City of Pearland,
Texas, of its intention to issue Time Warrants for the purpose of paying
engineering and legal fees for professional services involved in a Drainage Study.
Such Warrants shall be in the total amount of $15,000.00, such sum to
bear interest at the rate of 6.5% per annum, to be payable on or before two (2)
years from the date thereof and shall be issued on or after the 13th day of
November, 1979, unless prior to the said date ten (10%) percent of the qualified
voters of the City of Pearland, whose names appear on the latest approved tax
rolls as property taxpayers, petition the City Council in writing to submit to a
referendum vote the question as to the issuance of said Warrants for such purposes.
By Order of the City Council of the City of Pearland, Texas.
s/Tom Reid
r--- ATTEST: Mayor
s/Dorothy L. Cook
City Secretary
It was moved by Councilman Mack, seconded by Councilman Wilson that Resolution No.
R79-24 be passed and approved on first and only reading.
Voting "Aye" - Councilman Mack, Councilman McComb, and Councilman Wilson.
Voting "Nay" - None Motion passed 3 to 0.
AUTHORIZATION FOR OBTAINING LEGAL OPINION ON TRANSFER OF WATER FROM MARY'S CREEK
TO CLEAR CREEK AND IMPOUNDING WATER:
It was moved by Councilman Mack, seconded by Councilman Wilson that the City
Attorney be authorized to prepare such legal opinions as necessary for the
transfer of water from Mary's Creek to Clear Creek and the impounding of Mary's
Creek water and to be further authorized to employ such special assistants as
he may deem necessary. Motion passed 3 to 0.
AUTHORIZATION TO PERFORM DRAINAGE SURVEY FOR CORRIGAN ADDITION, GREEN TEE
TERRACE SUBDIVISION, BYPASSES ON MARY'S CREEK AND IMPOUNDMENT OF WATER FROM
MARY'S CREEK:
It was moved by Councilman McComb, seconded by Councilman Wilson that the City
Engineer Malcolm Collins, be authorized and instructed to make a study of the
proposals of the City Manager, and any other drainage problems of the City that
need to be addressed at this time. Motion passed 3 to 0.
MEETING RECESSED AT 9:00 P.M. - RECONVENED AT 9:25 P.M.
DEVELOPMENT OF BLOCKS 1,2,3,4,$ 5, MIMOSA ACRES SUBDIVISION:
A letter dated August 16, 1979, from Jeanne C. Chaney, Broker, requesting
information on the development of Block 1,2,3,4,& 5 was reviewed by the
Planning and Zoning Commission on September 25, 1979. The Planning and Zoning
Commission in a letter dated September 26, 1979, recommended that the developer
be required to install concrete curb and gutter streets with underground storm
drains in conformance with the current ordinance.
City Attorney Williams advised the City Council on the following questions
asked in the August 16, 1979, letter from Jeanne Chaney who was present at the
City Council meeting:
a. Does the City ordinance require this undeveloped portion
to be developed with concrete streets, curbs and gutters,
or can it be developed as platted with open ditch drain-
age and asphalt streets?
Answer: City Attorney Williams advised that there is no
ordinance on this.
b. If the property is replatted into basically 70 foot lots,
will the owner be required to obtain formal consent from
all of the lot owners in all of Mimosa Acres.
Answer: City Attorney Williams advised that the answer
is yes.
c. If we go for a replat, will it be necessary after consent
is obtained to have any other formal hearings with Council
since a replat to 70 foot lots will be in line with present
zoning for that area?
Answer: City Attorney Williams advised that the question
was mute unless there is a replat which will be handled as
a new plat.
RESOLUTION NO. R79-25, A RESOLUTION NOMINATING CANDIDATE TO THE BRAZORIA
COUNTY APPRAISAL DISTRICT:
Resolution No. R79-25 was read in full by Councilman Mack.
It was moved by Councilman Mack, seconded by Councilman McComb that Resolution
No. R79-25 nominating George V. Hastings to serve on the Brazoria County
Appraisal District be passed and approved on first and only reading. Said
Resolution reads in caption as follows:
RESOLUTION NO. R79-25
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, NOMINATING A CANDIDATE FOR THE BOARD OF DIRECTORS
OF THE BRAZORIA COUNTY APPRAISAL DISTRICT.
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Voting "Aye" - Councilman Mack, Councilman McCopb, and Councilman Wilson.
Voting "Nay" - None Motion passed 3 to 0.
AUTHORIZATION TO BID WATER LINE FROM WOODY ROAD TO MYKAWA ROAD ON SCOTT STREET
AND MYKAWA ROAD FROM SCOTT STREET TO KNAPP ROAD WEST:
City Engineer Malcolm Collins presented plans and specifications for a water line
from Woody Road to Mykawa Road on Scott Street and Mykawa Road from Scott Street
to Knapp Road West. The City Council advised Mr. Collins that the plans needed
to include the looping of the water system through Coma1 Street in order to
provide adequate fire protection to the residents of that area. Mr. Collins
advised the the plans would be revised to provide this additional line.
It was moved by Councilman Wilson, seconded by Councilman McComb that this
project be advertised for bids after the City Engineer has included the water
line down Comal Street. Motion passed 3 to 0.
ENGINEERING ESTIMATE NO. 5, AUSTIN BRIDGE COMPANY (BOND FUNDS):
It was moved by Councilman Mack, seconded by Councilman Wilson that Engineering
Estimate No. 5, for work completed through September 30, 1979, in the amount of
$8,019.56, by Austin Bridge Company for the extension of Mykawa Road Project,
be approved for payment from the appropriate bond fund. Motion passed 3 to 0.
ENGINEERING ESTIMATE NO. 10, MARATHON PAVING & UTILITY CONSTRUCTORS, INC.
It was moved by Councilman Wilson, seconded by Councilman McComb that Engineering
Estimate No. 10, for work completed through September 30, 1979, in the amount of
$30,557.25 by the Marathon Paving $ Utility Constructors, Inc. for the Walnut
Street Project, be approved for payment from the appropriate bond fund. Motion
passed 3 to 0.
ENGINEERING ESTIMATE NO. 2, INTERURBAN PIPELINES, INC:
It was moved by Councilman McComb, seconded by Councilman Mack that Engineering
Estimate No. 2, for work completed through September 30, 1979, in the amount of
$11,619.00 by the Interurban Pipelines, Inc., for the force main construction on
Pearland Sites Road be approved for payment from the appropriate bond fund.
Motion passed 3 to 0.
ENGINEERING ESTIMATE NO. 8. LEM CONSTRUCTION COMPANY:
It was moved by Councilman Wilson, seconded by Councilman McComb that Engineering
Estimate No. 8, for work completed through September 30, 1979, in the amount of
$15,184.40 by the Lem Construction Company for Wastewater Treatment Facilities,
Plants 2 and 3, be approved for payment for the appropriate bond fund. Motion
passed 3 to 0.
FINAL STATEMENT - BEN FELTS UTILITY CONTRACTOR:
City Manager Wolff advised that the Santa Fe Railroad required that a dry bore
be made under the tracks instead of the wet bore called for in the specifications
for this project, and he recommended that the City Council approve the Change
Order as submitted by the Engineer in the amount of $5,291.39.
It was moved by Councilman Mack, seconded by Councilman McComb that Engineer's
Final Statement of work and materials for work completed through August 31, 1979
in the amount of $17,539.33, which includes Change Order No. 1, Ben Felts
Utility Contractor be approved for payment from the appropriate bond fund.
Motion passed 3 to 0.
Councilman Wilson to talk to Santa Fe Railroad about various rough street
crossing within the City of Pearland.
CALL OF PUBLIC HEARINGS BEFORE THE PLANNING AND ZONING COMMISSION:
A discussion was held regarding proposed directive of the the City Council
regarding elevations of slabs on the construction of new homes in flood prone
areas. call of
It was moved by Councilman McComb, seconded by Councilman Wilson that/a Public
Hearing on Application No. 74, George H. $ Ruby Owens, and Application Nos.
75 & 76, C. F. Mann, be tabled at this time. Motion passed 3 to 0.
It was moved by Councilman McComb, seconded by Councilman Wilson that the
matter of calling a Hearing on Application 74, George H. & Ruby Owens and
Application Nos. 75 & 76, C. F. Mann be removed from the table for consideration.
Motion passed 3 to 0.
The following motion was made in order to be within the time element needed
for the Hearings.
It was moved by Councilman McComb, seconded by Councilman Mack that a Hearing
be called before the Planning and Zoning Commission on Application No. 74
George H. & Ruby Owens and Application Nos. 75 & 76, C. F. Mann, on October
23, 1979, at 7:30 P.M. Motion passed 3 to 0.
ADJOURNMENT: The meeting adjourned at 10:25 P.M.
Minutes approved as submitted and/or corrected this a day of
A. D., 1979.
Mayor
ATTEST: a
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City Secretary