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1979-11-26 CITY COUNCIL REGULAR MEETING MINUTES252 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 26, 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/Mayor Pro Tem Dennis Frauenberger Councilman Charles Mack Councilwoman Fran Coppinger Councilman Carlton McComb Councilman Morris Wilson (Entered 8:00 P.M.) City Manager William E. Wolff City Attorney Bobby J. Williams City Secretary Dorothy L. Cook INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by City Attorney Bobby J. Williams. The Pledge of Allegiance was led by Chief of Police Glenn Stanford. APPROVAL OF MINUTES: It was moved by Councilman Mack, seconded by Councilman Frauenberger that the minutes of the regular meeting held on November 13, 1979, be approved as submitted. Motion passed 4 to 0. Councilman Wilson not present at this time. MAYOR'S ACTIVITY REPORT: Mayor Reid read a report from the City Secretary dated November 21, 1979, regarding the petition submitted by Paul Carlin on November 13, 1979. "November 21, 1979 TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: DOROTHY L. COOK, CITY SECRETARY SUBJECT: PETITION SUBMITTED BY PAUL CARLIN ON NOVEMBER 13, 1979 I have verified a total of 308 names as qualified voters on the petitions submitted by Paul Carlin on November 13, 1979. I was able to determine from the latest Voter Registration Lists, also used to check the above, that there are 5688 registered voters in Pearland, Brazoria & Harris Counties, Texas. s/Dorothy L. Cook City Secretary" Mayor Reid advised that at the last meeting of the City Council he read a letter that he had written to the Highway Department regarding the alleviating of the blockage on the Mary's Creek by-pass under Highway 518 in the vicinity of the Pearland-Friendswood boundaries. In this letter he asked the Highway Department to give consideration to addressing the drainage problem which according to our engineering figures permitted, in a 25 year rain, approximately 30% of the rain to flowthrough the present culvert system with the balance backing up into the fields and into the channels of the Mary's Creek watershed. The Mayor advised that he has received a copy of a letter addressed to the Drainage District signed by Mr. Garrison of the Highway Department advising that a rep- resentative would be in Pearland -shortly to discuss this matter. r'1 Mayor Reid announced that people needing special garbage pickup should call the City Service Center. This is a service provided by the. City and is available to all citizens who have large items that cannot be picked up by the regular garbage crews. The Thanksgiving Holidays have slowed the service down; however, service is back to normal this week. COUNCIL ACTIVITY REPORTS: Councilman McComb reported that he has been appointed by the Mayor to work with the Fire Marshal and Fire Department on a Fire Lane Ordinance. A meeting has been scheduled for 10:00 A.M., Saturday, December 1, 1979. Councilman McComb advised that he has been working with Mrs. Chaney of the Chamber of Commerce on the moving of the depot building. He advised that what the Chamber wants to do is build an adequate foundation for the permanent location of this building. Mr. Pat O'Day has agreed to core the land, Mr. Malcolm Collins has agreed to donate the design of an adequate foundation and Mr. Benny Frank has agreed to superintend and manage the building of the foundation. A report will be made later as progress is made on this project. Councilman Frauenberger advised that he thought workshops should be called between the City Council and Planning and Zoning Commission to review the Land Use and Urban Development Ordinance so that amendments could be prepared relating to pipeline corridors in the City. Councilman Mack reported that the Committee was working on the Subdivision Ordinance and possibly by the next meeting he would know whether or not a work- shop meeting could be held. He advised that the Committee has not proceeded too far with the Zoning Ordinance because of the time element involved, but the Committee planned to start on this project as soon as the Subdivision Ordinance has been completed. Councilwoman Coppinger asked for more workshops as a way to deal with various problems that come up in the City. Also, she asked that some alternatives be considered along with the petition submitted by Mr. Carlin. Councilman Wilson entered at 8:00 P.M. DEPARTMENTAL REPORTS: Malcolm Collins read a letter from Bernard Johnson, Inc., engineers for U. S. Homes $ General Homes, regarding the drainage criteria in the subdivision ordinance of the City. Mr. Collins advised that he told Bernard Johnson, Inc. that he would like to see the drainage criteria revised. The letter from Bernard Johnson, Inc., asks that the City Engineer re-evaluate his recommendations on the drainage criteria and asked to meet with the City Council to discuss this matter. The point in question is (2) Storm Drainage under Section 27-5, Required Improvements of the Subdivision Ordinance. Mr. Collins advised that these were minimum specifications, and he would like to see this section changed. What he would like to have would be a five year frequency design. CHANGE IN ORDER OF BUSINESS - NEW BUSINESS: ENGINEER'S REPORT ON STORM WATER RUN-OFF: Malcolm Collins asked if he could inform Bernard Johnson that the City Council was in favor of changing the design criteria so they can either change their design or hold off on it. It was moved by Councilman Mack, seconded by Councilman Wilson that the City Engineer be instructed to advise Bernard<.Johnson that amendments toy ,the division Ordinance will include changes to the Subdivision Code Page 1632; (B) --Minimum Standards; (2) Storm Drainage; (a) Storm sewers; (1) Design Discharge and that new standards are being reviewed at this time. Motion passed 4 to 1. Councilman McComb opposed. CHANGE IN ORDER OF BUSINESS - CITIZENS: Mr. Luther Cunningham appeared before the City Council opposing any change in the building code that would prohibit the use of metal buildings in the fire zone. CHANGE IN ORDER OF BUSINESS - DEPARTMENTAL REPORTS (CONTINUED): City Attorney Williams reported on the petitions submitted by Paul Carlin and asked the City Council whether or not they wished to get outside legal opinions on the petitions. MEETING RECESSED AT 9:10 P.M. - RECONVENED AT 9:30 P.M. CHANGE IN ORDER OF BUSINESS: USE OF SPECIAL LEGAL COUNSEL - PETITIONS SUBMITTED BY PAUL CARLIN: It was moved by Councilman McComb, seconded by Councilman Frauenberger that the City Manager, City Attorney, and the Municipal Court Judges take a "no position stand" until this issue is decided. Motion passed 5 to 0. It was moved by Councilman McComb, seconded by Councilman Mack that the Mayor be authorized to contact Mr. William 0lson, Sr. to see if he will accept this project for a legal opinion. Motion passed 5 to 0. CHANGE IN ORDER OF BUSINESS - UNFINISHED BUSINESS: ORDINANCE NO. 407, AN ORDINANCE AUTHORIZING THE ISSUANCE OF TIME WARRANTS OF THE CITY FOR OBTAINING A DRAINAGE SURVEY: Ordinance No. 407 was read in caption by Mayor Reid. (Second Reading) It was moved by Councilman Frauenberger, seconded by Councilman Wilson that Ordinance No. 407 be passed and approved on second and final reading. Said Ordinance reads in caption as follows: ORDINANCE NO. 407 AN ORDINANCE AUTHORIZING THE ISSUANCE OF TIME WARRANTS OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF OBTAINING AN ENGINEERING DRAINAGE SURVEY AND LEGAL OPINIONS RELATING THERETO; PRESCRIBING THE TERMS AND CONDITIONS THEREOF AND UPON WHICH SUCH WARRANTS SHALL BE ISSUED; LEVYING TAXES TO PROVIDE FOR THE PAYMENT THEREOF; AND CONTAINING OTHER PRO- VISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Frauenberger, Councilwoman Coppinger, and Councilman Mack. Voting "Nay" - None Motion passed 5 to 0. ORDINANCE NO. 408, AN ORDINANCE PROVIDING THAT A 30.00 FOOT WIDE DEDICATED RIGHT-OF-WAY BE VACATED AND ABANDONED: Ordinance No. 408 was read in caption by Mayor Reid. (Second Reading) It was moved by Councilman Wilson, seconded by Councilman McComb that Ordinance No. 408 be passed and approved on second and final reading. Said Ordinance No. 408 reads in caption as follows: ORDINANCE NO. 408 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, PROVIDING THAT A 30.00 FOOT WIDE DEDICATED ROAD RIGHT-OF-WAY LOCATED BETWEEN LOTS 64-65 AND 66 OF THE GEORGE W. JENKINS SUBDIVISION W.D.C. HALL LEAGUE, ABSTRACT NO. 70, BRAZORIA COUNTY, TEXAS, BE VACATED, ABANDONED, AND CLOSED; PROVIDING FOR THE REVERSION OF THE FEE IN SAID LAND; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Frauenberger, and Councilman Mack. Voting "Nay" - Councilwoman Coppinger. Motion passed 4 to 1. NEW BUSINESS: CHANGE IN MEETING DATES IN DECEMBER: It was moved by Councilman Wilson, seconded by Councilwoman Coppinger that the first regular meeting in December be held on December 3, 1979, and that the second regular meeting in December be held on December 17, 1979 with a special meeting on December 11, 1979. Motion passed 4 to 1. Councilman McComb opposed. COMPREHENSIVE SIGN ORDINANCE: City Attorney Williams advised that this would be ready by the next regular meeting. FIRE DISTRICT ORDINANCE: City Attorney advised that he was working on this ordinance but he was not sure when it would be ready for council review. RESOLUTION NO. R79-31, A RESOLUTION DESIGNATING REPRESENTATIVE TO GENERAL MEMBERSHIP BODY OF HOUSTON-GALVESTON AREA COUNCIL: Resolution No. R79-31 was read in full by Councilman McComb. It was moved by Councilman McComb, seconded by Councilman Mack that Resolution No. R79-31 be passed and approved on first and only reading and that Tom Reid be named as Representative and Fran Coppinger as alternate. Said Resolution reads in caption as follows: RESOLUTION NO. R79-31 DESIGNATION OF JOINT REPRESENTATIVE HOUSTON-GALVESTON AREA COUNCIL GENERAL MEMBERSHIP BODY HOME RULE CITIES POPULATION UNDER 25,000 1980. Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Frauenberger, Councilman Mack, and Councilwoman Coppinger. Voting "Nay" - None Motion passed 5 to 0. OTHER BUSINESS: RECESSED AT 10:15 P.M. TO EXECUTIVE SESSION - TEXAS OPEN MEETINGS LAW, SECTION 2, SUBSECTION (f) PURCHASE, EXCHANGE, OR VALUE OF REAL ESTATE. RECONVENED TO OPEN SESSION AT 10:40 P.M. ADJOURN: The meeting adjourned at 10:41 P.M. Minutes approved as submitted and/or corrected this day of A. D., 1979. XL - Mayor ATTEST - City Secretary