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1984-04-23 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 23, 1984, 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 Councilman Councilman Councilman City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: Tom Reid Charles R. Mack James E. Bost Terry Gray Dennis Frauenberger Al Lentz Ronald J. Wicker Bobby Williams Dorothy L. Cook The invocation was given by Councilman Bost. The Pledge of Allegiance was led by John Moorman, Director of the Brazoria County Library. APPROVAL OF MINUTES: It was moved by Councilman Bost, seconded by Councilman Lentz that the Minutes of the Regular Meeting held on April 9, 1984, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid reported that he attended a farewell party for Mayor Gray of Alvin, who has served for four terms --the time frame set out in their City Charter. Mayor Reid stated that he presented Mayor Gray with the Certificate of Recognition from this City. Mayor Reid presented Proclamations to the Rosette Chapter and the Peartree Chapter of the ABWA, proclaiming the month of May, 1984, as "ABWA Education Month in Pearland". Mayor Reid permitted Tom Dillon to speak regarding a Barbeque Cook-off.to be held in Independence Park on April 29, 1984, for the benefit of Muscular Dystrophy Association. COUNCIL ACTIVITY REPORTS: Councilman Lentz spoke about the poor service of the Meca Corporation and the many promises made by the company to improve their service. DEPARTMENTAL REPORTS: City Manager Wicker.reported that the grass has been replanted by the contractor along the entrance to Woodcreek Subdivision, and is being watered by the Civic Club. CITIZENS: Mr. John Moorman, Director of the Brazoria County Library, appeared before the City Council to present an update on the library operations in the Pearland area. He presented the County Library Direct Funding 1984 Budget. This Budget indicated that $163,447.00 has been budgeted for the Pearland area. He advised that he planned to update this status report to the Council twice a year. Guy B. Roberts, Executive Director of the Pearland Area Chamber of Commerce, appeared before the City Council with a request on behalf of the Chamber for use of Independence Park on May 5, 1984, for a Mexican Fiesta including the sale of beer. MAH CHANGE IN ORDER OF BUSINESS NEW BUSINESS: USE OF INDEPENDENCE PARK BY CHAMBER OF COMMERCE ON MAY 5, 1984: It was moved by Councilman Gray, seconded by Councilman Frauenberger that the Chamber of Commerce be allowed to use Independence Park for Mexican Fiesta on May 5, 1984, and also to sell beer. Motion passed 5 to 0. It was moved by Councilman Gray, seconded by Councilman Frauenberger that we instruct the City Manager to be the guidance of the Parks and Beautification Board and that they be given the authority to give permission to the groups for use of the park and sale of alcoholic beverage. Alcoholic beverage is to be sold in strict compliance with State Law. Motion passed 5 to 0. CITIZENS: (Continued) Mr•. Clyde Park,of the A. Nelson Carter Energy Company, appeared before the City Council requesting a permit to drill an oil well East of Highway 35, 800.00 feet from the West line and 700' from the North Line of Lot 77, Abstract 233. This location has been staked as well as all permits have been secured from the State, and the application and other pertinent information has been furnished the City. NEW BUSINESS: (Continued) A. NELSON MCCARTER ENERGY COMPANY REQUEST FOR PERMIT TO DRILL OIL WELL: City Manager Wicker pointed out on the map the approximate location of this proposed well. He advised the Council that it has been staked and is located approximately 500 to 800 feet off Old Alvin Road. He stated that the permit was in order; however, some consider- ation should be given to a Bond to cover damage to City facilities --such as roads, bridges, drainage, water & sewer lines due to the weight of the trucks hauling equipment to this location. City Attorney Williams advised that this Bond should be for $250,000. It was moved by Councilman Gray, seconded by Councilman Frauenberger that the A. Nelson McCarter Energy Company be granted an application for drilling an oil well in the City of Pearland contingent upon the receipt of a $250,000 Bond for damage that might be incurred to streets, bridges, drainage or any City facility. Motion passed 5 to 0. CITIZENS: (Continued) Mr. Alan Bauer of General Homes Corporation appeared before the City Council with a request for approval of an amended Conceptual Plan for MUD Nos. 1, 2, and 3, and to submit a Petition for annexation to MUD 1, 2, and 3. NEW BUSINESS: (Continued) GENERAL HOMES REQUEST FOR AMENDED CONCEPTUAL PLAN AND PETITION FOR CONSENT TO ANNEX LAND TO MUD 1, 2, AND 3: City Manager Wicker explained that the amended Conceptual Plan is being submitted so that the petitions for annexation of additional property could be considered by the Council. 1.50 It was moved by Councilman Lentz, seconded by Councilman Bost that we accept the Con- ceptual Plan for MUD 1, 2, and 3 as presented by General Homes. Motion passed 5 to 0. It was moved by Councilman Lentz, seconded by Councilman Bost that the annexation petitions be approved subject to the receipt of adequate field notes of the area to be annexed. Motion passed 5 to 0. i Councilman Lentz advised that the field notes were not signed and the corners have not been monumented. CHANGE IN ORDER OF BUSINESS DOCKETED PUBLIC HEARINGS: 1. REQUEST BY ENTEX, INC. FOR RATE INCREASE. NUMBER OF PERSONS SIGNING ATTENDANCE REGISTER: 9 PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST: Mr. Roy Baker, District Manager of Entex, explained that the increase requested was for 50� a month for each of the 3699 residences, 168 small commercial users, and 13 large volume users within the City of Pearland. Mr. Baker submitted a brochure with information relating to the cost of gas, cost of borrowed money, return on equity capital and other information pertinent to the request. He reviewed Exhibits I, II, III, IV, and V in his presentation. PERSONS WISHING TO SPEAK IN OPPOSITION TO THIS REQUEST: None QUESTION AND ANSWER PERIOD HEARING ADJOURNED AT 8:59 P. M. COMPLETE TAPE OF HEARING ON FILE IN THE OFFICE OF THE CITY SECRETARY. NEW BUSINESS: (Continued) AUTHORIZATION FOR PREPARATION OF ORDINANCE FOR RATE REQUEST BY ENTEX, INC.: It was moved by Councilman Frauenberger, seconded by Councilman Lentz that the City Attorney be instructed to prepare or to review an ordinance prepared by Entex, Inc. granting this increase. Motion passed 5 to 0. MEETING RECESSED AT 9:00 P. M. - RECONVENED AT 9:10 P.M. UNFINISHED BUSINESS: ORDINANCE NO. 472, SPEED ZONE ORDINANCE ON DIXIE FARM ROAD: Ordinance No. 472 read in caption by Mayor Reid. (Second Reading) It was moved by Councilman Mack, seconded by Councilman Bost that Ordinance No. 472 be passed and approved on second and final reading. Said Ordinance No. 472 reads in caption as follows: 151 ORDINANCE NO. 472 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF ARTICLE 6701D, VERNON'S TEXAS CIVIL STATUTES, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, TEXAS, AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED $200.00 FOR THE VIOLATION OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. Voting "Aye": Councilman Gray, Councilman Frauenberger, Councilman Mack, Councilman Bost, and Councilman Lentz. Voting "No": None Motion passed 5 to 0. NEW BUSINESS: (Continued) ORDINANCE NO. 246"91, LAND USE CHANGE FOR WOODROW LESIKER, AGENT FOR WHEATON COLLEGE, OWNERS, APPLICATION NO. 127, PLANNED UNIT TO R-2: Ordinance No. 246-91 read in caption by Councilman Mack. (First Reading) It was moved by Councilman Mack, seconded by Councilman Gray that Ordinance No. 246-91 be passed and approved on first of two readings. Said Ordinance No. 246-91 reads in caption as follows: ORDINANCE NO. 246-91 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 CONTAIN- ING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Lentz, Councilman Bost, Councilman Mack, Councilman Frauenberger and Councilman Gray. Voting "No": None Motion passed 5 to 0. RATIFICATION OF APPOINTMENT FOR DIRECTOR OF PUBLIC WORKS: City Manager Wicker presented William K. Tomasset to the City Council and requested that this appointment, as Director of Public Works, be approved. It was moved by Councilman Gray, seconded by Councilman Mack that the City Manager's appointment of William K. Thomasset, as Public Works' Director, be ratified and for the compensation approved. Motion passed 5 to 0. Mayor Reid administered the Oath of Office to Mr. Thomasset as Public Works' Director. SPECIAL MEETING TO AWARD BID FOR STREET IMPROVEMENT ON GALVESTON AND LIBERTY: It was moved by Councilman Gray, seconded by Councilman Frauenberger that a Special Meeting be called for 7:00 P.M., April 30, 1984, for the purpose of possible awarding of the bid for street improvements on GalvestonAvenue and Liberty Drive, as advertised under Bid No. B84-3. Motion passed 5 to 0. Mayor Reid called a Workshop Meeting for April 30, 1984 at 7:30 P.M. City Manager Wicker was asked to prepare tentative schedule on the Proposed Land Use Ordinance. 152 RESOLUTION NO. R84-9, A RESOLUTION SUPPORTING INCREASED STATE HIGHWAY FUNDING, AND PASSAGE OF POTHOLE BILL: Resolution No. R84-9 read in full by Councilman Gray. It was moved by Councilman Gray, seconded by Councilman Bost that Resolution No. R84-9 be passed and approved on first and only reading. Said Resolution No. R84-9 reads in caption as follows: RESOLUTION NO. R84-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING INCREASED STATE HIGHWAY FUNDING, PAS- SAGE OF THE POTHOLE BILL AND INCREASED HIGHWAY USER CHARGES. Voting "Aye": Councilman Gray, Councilman Frauenberger, Councilman Mack, Councilman Bost, and Councilman Lentz. Voting"No" : None Motion passed 5 to 0. APPROVAL OF THE FOLLOWING INVOICES: It was moved by Councilman Lentz, seconded by Councilman Bost that the following invoices be approved for payment: (a) Langford Engineering, Inc., Invoice No. 3776, in the amount of $168.63, for preparation of applications for two (2) new Wastewater Discharge Permits; (b) Langford Engineering, Inc., Invoice No. 3777, in the amount of $478.52, for Study and Report for Up -grading three (3) existing Wastewater Treatment Plants to meet Effluent Standards; (c) H. Platt Thompson Engineering Company, Inc., Final Invoice No. 4, in the amount of $7,383.89, for engineering services on Dixie Farm Road improve- ments; (d) Skrla, Inc., Progress Estimate No. 5, in the amount of $59,618.73, Construction on Dixie Farm Road. Motion passed 5 to 0. OTHER BUSINESS: EXECUTIVE SESSION AT 9:45 P. M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2, SUBSECTION (g) PERSONNEL. RETURNED TO OPEN SESSION AT 10:00 P. M. ELECTION OF MAYOR PRO TEM: It was moved by Councilman Mack, seconded by Councilman Lentz that Dennis Frauenberger be elected as Mayor Pro Tem. Motion passed 4 to 0. Councilman Frauenberger abstained. ADJOURN: Meeting adjourned at 10:00 P. M. Minutes approved as submitted and/or corrected this the day of A. D., 1984. Mayor ATTEST: y Secretary 153