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1979-10-22 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF.PEARLAND, TEXAS, HELD ON OCTOBER 22, 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 City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: Tom Reid Dennis Frauenberger Charles Mack Fran Coppinger Carlton McComb Morris Wilson William E. Wolff Bobby J. Williams Dorothy L. Cook The invocation was given by Mayor Tom Reid. The Pledge of Allegiance was led by Ron Wicker, Director of Planning and Transportation. APPROVAL OF MINUTES: It was moved by Councilman Wilson, seconded by Councilman Mack that the minutes of the regular meeting held on October 8, 1979, be approved as submitted. Motion passed 3 to 0. Councilwoman Coppinger and Councilman Frauenberger abstained. MAYOR'S ACTIVITY REPORT: Mayor Reid proclaimed October 31, 1979, as Greet and Treat Day in Pearland. COUNCIL ACTIVITY REPORTS: Councilman Mack reported that the Committee met with U. S. Homes and General Homes last week and will be having additional meetings and making reports to the City Council. Also, Councilman Mack advised that he was Chairman of the Sub- division Revision Committee and two meetings have been held and he hoped to have a schedule at the next Council meeting for review of the recommendations. Councilman Frauenberger advised that the Committee on the City -School Joint Tax Office would be presenting its recommendations in December of this year. DEPARTMENTAL REPORTS: None CITIZENS: Mr. R. P. Bornes of 3514 Orange Street, Pearland, Texas, appeared before the City Council to discuss drainage problems in Linwood I Subdivision and to discuss possible rework of Orange Street from Highway 35 to Old Alvin Road. Mr. Bornes, in his presentation before the City Council, made the following suggestions for improving drainage in his area: (1) he suggested lowering Orange Street to allow the water to flow down it into the creek; and (2) he suggested running a drain pipe from the South side of Orange Street North into the drainage ditch some 500 feet. The owner of Replacement Parts has indicated that he would be willing to grant right-of-way provided that the drain pipe was covered. Mr. Bornes inquired about possible reworking of Orange Street from Highway 35 to Old Alvin Road from Bond Funds and was advised that only the widening of Orange Street at Highway 35 was included in the Bond Issue. It was brought out in the discussion with Mr. Bornes that possibly some drainage relief for that area could be brought about when the extension of Old Alvin Road was designed. Mr. Mike Isaac of 3219 Hamm Road, Pearland, Texas, appeared before the City Council to discuss drainage on Hamm Road. He informed the Council that his grandmother, the former owner of his property, had permitted the Drainage District to dig a ditch across the North side of her property to drain Hamm Road. A culvert has now been placed across Hamm Road to drain the westerly side. The flow line of this culvert is lower than the ditch across the Isaac property. He stated that he had investigated and found out that there is no easement across his property for this drainage ditch and that any attempt to work on this ditch will be met with legal action for trespass. City Manager Wolff stated that he had consulted with the engineer for the developers of Woodcreek III and was advised that all Woodcreek drainage was properly cared for but they felt no obligation for Hamm Road drainage outside of the subdivision. Mr. Wolff stated that the drainage ditch to proper grade was necessary and he would recommend acquiring the necessary right-of-way for this ditch. Mayor Reid asked that this item be placed on the next agenda. MEETING RECESSED AT 8:50 P.M. - RECONVENED AT 8:55 P.M. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: AUTHORIZATION FOR MAYOR TO SIGN LEASE AGREEMENT BETWEEN THE CITY OF PEARLAND AND THE CHAMBER OF COMMERCE FOR USE OF DEPOT BUILDING: City Attorney Bobby J. Williams advised that the document, prepared by his office, for lease of the depot building by the Chamber of Commerce was for a period of ten years with option to renew for ten years, with the understanding that all renovation costs will be paid for by the Chamber of Commerce. The City's responsibility is to place the depot building on a foundation at the location designated in the lease. It was moved by Councilman Mack, seconded by Councilman Wilson that the Mayor be authorized to sign the lease agreement with the Pearland Area Chamber of Commerce for lease of the depot building and any business pertinent thereto. Motion passed 5 to 0. ORDINANCE NO. 406, PORTABLE SIGN ORDINANCE: The second and final reading of the Portable Sign Ordinance No. 406 was passed until a workshop could be called by the Mayor. Mayor Reid to call a workshop meeting on Portable Sign Ordinance No. 406 for 7:30 P.M. November 5, 1979. NEW BUSINESS: BID NO. B79-11, DETECTIVE AUTOMOBILE: City Manager Wolff advised that bids were opened at Noon on October 19, 1979, for one automobile for the Police Department (Detective Unit) and that two bids were received as follows: VENDOR MAKE PRICE DELIVERY MISCELLANEOUS Gulf Coast Dodge 1980 Chrysler $7,072.00 60-120 days Exception to St. Reges 4 dr. furnishing BID SURETY Frizzell Pontiac 1980 Pontiac $7,134.00 60-90 days Cashier's Check 5% Catalina of BID SURETY City Manager Wolff advised that the bid notice carried a provision that 5% Bid surety of the greatest amount bid would be required before a Purchase Order would be issued by the City, and that the lowest Bidder, Gulf Coast Dodge, had taken exception to furnishing such Surety. He advised that under the circumstances the bid be awarded to Frizzell Pontiac for a 1980 Pontiac Catalina in the amount of $7,134.00. 23J It was moved by Councilman Frauenberger, seconded by Councilman McComb that Bid No. B79-11 be awarded to Frizzell Pontiac, Inc. in the amount of $7,134.00 for a 1980 Pontiac Catalina. Motion passed 3 to 2. Councilwoman Coppinger and Councilman Wilson opposed. Under discussion it was brought out that opposition to award of this bid was due to the fact that at some point and time the City needs to scale down the size of the automobiles purchased. LION'S CLUB TURKEY SHOOT: A request was received from the Lion's Club asking for permission to operate a Turkey Shoot on November 34, 1979, at the VFW Post 7109 located on Walnut Street. It was moved by Councilman McComb, seconded by Councilman Frauenberger that the Pearland Lion's Club be granted a permit to hold a Turkey Shoot on November 3-4, or any alternate rain -out date, subject to liability insurance furnished to the City, and coordination of the traffic flow with the Chief of Police. Motion passed 5 to 0. REHABILITATION OF PRESENT SANITARY SEWER SYSTEM: City Manager Wolff advised that the City Engineer has not completed the plans for this project. City Engineer to be contacted to see if this item can be ready by the next agenda. CHANGE OF FIRST MEETING.DATE IN NOVEMBER: It was moved by Councilman Mack, seconded by Councilman Wilson that the regularly scheduled meeting of November 12, 1979, be changed to November 13, 1979, due to the Veterans' Day Holiday. Motion passed b to 0. RESOLUTION NO. R79-26, A RESOLUTION SETTING ELEVATIONS PURSUANT TO ORDINANCE NO. 372: City Attorney Bobby J. Williams advised that pursuant to a'request from the City Council, he has prepared a Resolution setting a standard for elevations for residential property. This Resolution directs the Building Inspector to utilize temporary specific standards in lieu of standards set forth in Section B (1) Article IV of Ordinance No. 372. This requirement would be that new construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to no less than twelve (12") inches above the last base flood elevation data available from a Federal, State, County or other source. City Attorney Williams advised that he felt the Council would want to use the highest water mark established by Brazoria County Drainage District No. 4 in the July or September floods. Resolution No. R79-26 was read in full by Councilman Mack. It was moved by Councilman Mack, seconded by Councilwoman Coppinger that Resolution No. R79-27 be passed and approved on first reading. Said Resolution No. R79-26 ?" reads in caption as follows: RESOLUTION NO. R79-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SETTING TEMPORARY BASE FLOOD ELEVATION STANDARDS FOR RESIDENTIAL CONSTRUCTION WITHIN THE CITY PURSUANT TO ORDINANCE NO. 372; AND CONTAINING AN EFFECTIVE DATE FOR SUCH STANDARDS. Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Frauenberger, Councilwoman Coppinger, and Councilman Mack. Voting "Nay" - None Motion passed 5 to 0. 240 RESOLUTION NO. R79-27, A RESOLUTION AUTHORIZING ISSUANCE OF TIME WARRANTS FOR NEW AMBULANCE: City Manager Wolff advised that the new ambulance unit has been delivered and a letter from Joe Henderson, Chairman, had been received indicating that it met all specifications set forth in the bid. This is delivery of a portion of the equipment authorized by the bid. Resolution No. R79-27 was read in full by Councilwoman Coppinger. It was moved by Councilwoman Coppinger, seconded by Councilman Frauenberger that Resolution No. R79-27 be passed and approved on first reading. Said Resolution reads as follows: RESOLUTION NO. R79-27 A RESOLUTION APPROVING CLAIM NO. 1 TO SUPERIOR SOUTHWEST, INC. FOR ONE 1979 CHEVROLET MODULANCE (COMPLETE UNIT) FOR THE CITY OF PEARLAND, TEXAS; AUTHORIZING THE DELIVERY OF TIME WARRANTS FOR THE PAYMENT OF SUCH CLAIM; CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT AND PROVIDING THAT THIS RESOLUTION SHALL BE EFFECTIVE UPON AND AFTER ITS ADOPTION. WHEREAS, the City Council of the City of Pearland, Texas, passed and approved Ordinance No. 400 on the 23rd day of July, 1979, authorizing the issuance of City of Pearland Emergency Medical Service Time Warrants, Series 1979, in the principal sum of $50,000.00 for the purpose of evidencing the indebtedness of the said City for all or any part of the cost of two cabs and chassis, modular ambulance body, and remount of ambulance body, and WHEREAS, Claim No. 1 for the cost of one chassis and modulance body (complete unit) has been submitted by Superior Southwest, Inc. as follows: MFC 1506 1979 Chevrolet Modulance $32,737.00 Mtr.#CCS339B169497 Plus additions + 670.00 Less to Discount - 334.07 Claim No. 1 Total $33,072.93 WHEREAS, Claim No. 1 of Superior Southwest, Inc. mentioned above is attached hereto as "Exhibit All and made a part hereof as if fully written herein, and WHEREAS, the claim "Exhibit A" has been approved by the City Manager, William E. Wolff, of the City of Pearland, Texas, and this City Council affirm- atively finds that the City of Pearland has actually received the full benefit arising from said claim and the full extent of the Time Warrants which are hereinafter authorized to be delivered to evidence the indebtedness of the City on such claim, and WHEREAS, no person, firm, corporation or trust estate has given notice in writing, or otherwise to said City, or to any official thereof of any lien for any material, appurtenances, fixtures, machinery, or labor furnished by said Vendor as provided in Chapter 17, Acts of the 39th Legislature (Article 5472a V.A.T.S.), or any other law; and further, the City of Pearland does not hold a claim of any kind or character which might be properly charged or interposed as an offset or counterclaim to the payment of said claim, and WHEREAS, it was provided in said ordinance adopted on the 23rd day of July, 1979, that payment for said contract of said claim should be made by issuance of Time Warrants hereinabove mentioned, and WHEREAS, the City Council wishes to approve said claim and to authorize the payment thereof by issuance and delivery of said Time Warrants mentioned above in the aggregate amount of $30,000.00, leaving an additional $3,072.93 to be paid by the City by check. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: I. That the statements and recitations contained in the preamble of this Resolution are hereby affirmately found to be true and correct. II. That said claim mentioned in the preamble to this Resolution and set forth in "Exhibit All in the amount of $33,072.93, shall be, and the same is hereby approved and allowed, and the City of Pearland hereby acknowledges receipt of the full benefits represented by said claim to the full extent of the City's Time Warrants to be delivered as hereinafter provided. III. That it is hereby affirmatively found and declared that the City of Pearland has received full benefit for merchandise of said claim and account, as shown on "Exhibit All, to the full extent thereof, and to the full amount of the Time Warrants authorized hereinafter in the Resolution to be delivered. IV. That there shall be executed and delivered to said Superior Southwest, Inc., Warrant Nos. 1 through 6 in the denomination of $5,000.00 each, of the City of Pearland Emergency Medical Service Time Warrants, Series 1979, and the sum of $3,072.93 shall be paid to the said Superior Southwest, Inc. by check from the City of Pearland. V. That the Mayor and City Secretary are hereby authorized and directed to execute and deliver said Warrants above mentioned, and to do any and all other things necessary and convenient to carry out the terms of this Resolution. VI. That this Resolution shall take effect from and after its passage. PASSED AND APPROVED THIS 22 day of October, A. D., 1979. s/Tom Reid Mayor, City of Pearland, Texas ATTEST: s/Dorothy L. Cook City Secretary Voting "Aye" - Councilwoman Coppinger, Councilman Mack, Councilman Frauenberger, Councilman McComb and Councilman Wilson. Voting "Nay" - None Motion passed 5 to 0. BUILDING PERMIT FEES FOR FLOOD DAMAGE RECONSTRUCTION: r - Ron Wicker, Director of Planning and Transportation, advised that during the _ past month the Building Inspection Department has observed numerous building code violations around the City in the areas heaviest hit by the two major floods. He asked that the City approve a policy whereby those flood damage reconstruction projects be charged a minimum fee of $5.00. This would provide the necessary inspection of all construction as it takes place and would relieve some financial obligation of the property owner; and satisfy the City's legal obligation concerning building inspections. It was moved. by Councilman Wilson, seconded by Councilman McComb that the Building inspection fee for reconstruction due to the July or September floods be set at $5.00 and that this fee be retroactive, to July 26, 1979 and in the event citizens have taken out permits and been charged in excess of this amount they will be refunded. Motion passed 5 to 0. OTHER BUSINESS: EXCUSED ABSENCE: It was moved by Councilman Mack, seconded by Councilman Wilson that the records r— indicate excused absences for Councilwoman Coppinger and Councilman Frauenberger from the regular meeting held on October 8, 1979. Motion passed 5 to 0. EXECUTIVE SESSION: 9:45 P.M. Texas Open Meeting's Law - Section 2, Subsection (e) Legal and Subsection (g) Personnel. Reconvened to open session at 10:49 P.M No action. ADJOURNMENT: The meeting adjourned at 10:50 P.M. Minutes approved as submitted and/or corrected this 4_ day of A. D., 1979. ATTEST: City Secretary MaYpr