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1979-12-03 CITY COUNCIL REGULAR MEETING MINUTES45 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON DECEMBER 3, 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/Mayor Pro Tem Councilman Councilwoman Councilman Councilman Assistant City Manager City Attorney City Secretary Tom Reid Dennis Frauenberger Charles Mack Fran Coppinger Carlton McComb Morris Wilson Ronald Wicker Bobby J. Williams Dorothy L. Cook INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Mr. Lee B. Polanco. The Pledge of Allegiance was led by Councilwoman Coppinger. APPROVAL OF MINUTES: It was moved by Councilwoman Coppinger, seconded by Councilman Mack that the minutes of the regular meeting held on November 26, 1979, be approved as sub- mitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid read a letter dated November 27, 1979, from the Rotary Club of Pearland expressing appreciation for the help and assistance of the City of Pearland and particularly that of City Manager William E. Wolff. Mayor Reid read a copy of a letter he had sent to Mr. Bill Olson regarding a legal opinion on Petitions submitted by Paul Carlin. Mayor Reid read a report from H. R. Stevens, Jr., County Clerk, advising the City of the results of the election for Board of Directors for the Brazoria County Appraisal District. Mr. George V. Hasting nominated by the City of Pearland received the second highest in number of votes cast. Mayor Reid read a report from Omer Poorman advising that the State has received approval for the installation of a fixed time signal at the intersection of Corrigan Drive and Woody Road in Pearland. Mayor Reid asked Mr. Al Lentz to give a report from the Special Committee on Drainage in Corrigan Subdivision. Mr. Lentz advised that he wished to first thank the City for the fast action on the cleaning of storm sewer drains. He said that only two places on Chester Drive had water in the street during the last rain. The morning after the rain, a City crew cleaned the outfall drain finding some debris and they removed it. Mr. Lentz advised that he and Mr. Bunnel have walked the channel in Mary's Creek from Highway 518 to Highway 35 before the project was completed. He advised that they planned to walk one more time to see how well the Drainage District has completed the job. The Special Committee has contacted the City Engineer and offered their assistance to him regarding water heights during the flood, etc. so that he can better judge the information he is going to have to produce in his portion of the drainage project. COUNCIL ACTIVITY REPORTS: Council McComb reported that the Fire Marshal, Police Chief, and Fire Chief met Saturday morning to discuss a proposed Fire Lane Ordinance. He advised that the Committee was using a City of Houston ordinance, and he had asked each one to read it over and make any notations they felt necessary to make it more workable in Pearland. They plan to have one more workshop in January and invite the City Attorney. After a draft of a proposed Ordinance has been prepared, it will be submitted to the City Council. The Mayor was asked on behalf of the City to draft a form letter to be sent out to each of the areas where such an ordinance would be effective advising them that the Fire Marshal would like to stop by and see if there is some input these people might like to include in this ordinance. The Fire Marshal will furnish a list of names to the Mayor. Mayor Reid reported that as a result of a meeting held in Alvin by Representative Ron Paul's office on flooding and drainage in this area, a committee of Mayors has been set up to try to determine what is best for the Cities concerned. This . committee will meet after the first of the year. He reported that a representative of the Corps of Engineers was present at the meeting and indicated that the channelization of Clear Creek had been in the mill since 1968, however, environ- mentalists have never been able to agree on a plan. There is danger of this project being scrapped unless some solution can be brought forward and supported. Mayor Reid reported that the Disaster Planning Committee met last Thursday night to review the overall plan and each department of the Committee is to formulate their own individual plans and report back at the next meeting. DEPARTMENTAL REPORTS: City Attorney Bobby Williams referred to a letter from the Houston Lighting & Power Company's dated November 28, 1979, advising that the Public Utility Commission has not set the rates for Houston Lighting & Power Company. The Company has put into effect rates subject to a refund after the final rates have been set. He recommended that the City Council accept the rates submitted by Houston Lighting $ Power Company along with the bond which guarantees a refund to the citizens based on the Public Utility Commission's ruling. This rate should not be in effect more than one month. CITIZENS: Mr. Nathan C. Morrow reported that they had sewer pump problems in Ryan Acres, and he asked that a new pump and new controls be installed at this lift station. Mayor Reid advised Mr. Morrow that Mr. Wolff discussed the matter with him and the problem is not the pump, but the failure of the electrical current into the pump. His plan of action is to bring three phase current into the pump. This problem is being worked on and should be resolved as soon as we can work plans with the Light Company to bring three phase power to this station. In the meantime, the City Manager will be asked to have a daily check made of this pump to make sure it is in operating condition. Mrs. Frances Jamison appeared before the City Council and asked what effect the proposed Comprehensive Sign Ordinance would have on her property since it is zoned Planned Unit. Mayor Reid advised Mrs. Jamison that if and when the ordinance was passed on second and final reading, he would write her a letter discussing this matter. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: ORDINANCE NO. 401, COMPREHENSIVE SIGN ORDINANCE: Ordinance No. 401 was read in caption by Mayor Reid. Mayor Reid asked that this item not be considered at this meeting and that each Councilman mark areas of concern so this ordinance can be workshopped at a later date. The Mayor stated that he felt many areas of concern should be studied such as cost of enforcement and other matters relating to this ordinance. ORDINANCE NO. 410, AN ORDINANCE AMENDING CHAPTER 3 OF THE CODE OF ORDINANCES RELATING TO FIRE DISTRICTS: This item will be on the next agenda. NEW BUSINESS: HOUSTON LIGHTING & POWER COMPANY'S NOTIFICATION OF TEMPORARY RATE INCREASE PENDING PUBLIC UTILITY COMMISSION'S FINAL ORDER: The City Attorney advised that no action was necessary but the City Council should be aware that the temporary rates would go into effect after December 5, 1979, under bond. APPOINTMENT OF MEMBER OF PARK BOARD TO FILL VACANCY: It was moved by Councilman Frauenberger, seconded by Councilman Mack that Lee B. Polanco be appointed as a member of the Department of Parks, Recreation, and Beautification Board to replace Mrs. Hopie Soria who has resigned. Motion passed 4 to 0. Councilwoman Coppinger abstained. Oath of Office administered by Mayor Reid. ORDINANCE NO. 411, MUNICIPAL UTILITY DISTRICT ORDINANCE: Ordinance No. 411 was read in caption by Mayor Reid. (First Reading) It was moved by Councilman Wilson, seconded by Councilman Mack that Ordinance No. 411 be passed and approved on first of two readings. Said Ordinance reads in caption as follows: ORDINANCE NO. 411 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, REGARDING THE CREATION OF WATER OR SEWER DISTRICTS WITHIN THE EXTRA- TERRITORIAL JURISDICTION OF THE CITY; PROVIDING DEFINITIONS; CONTAINING GENERAL PROVISIONS RELATING TO THE SUBJECT; A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Frauenberger, Councilman Mack, and Councilwoman Coppinger. Voting "Nay" - None Motion passed 5 to 0. ADJOURN: The meeting adjourned at 9:15 P.M. Minutes pproved as submitted and/or corrected this day of A. D., 1979. ATTEST: ity Secretary