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1984-11-26 CITY COUNCIL REGULAR MEETING MINUTES270 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 26, 1984, AT 7:30 P. M., IN THE CITY HALL, 2335 N. TEXAS AVE., 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 Assistant City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: Tom Reid Dennis Frauenberger Al Lentz Charles R. Mack James E. Bost Terry Gray Ronald J. Wicker Bobby Williams (entered at 7:40 P. M.) Kay Krouse The invocation was given by Councilman Bost. The Pledge of Allegiance was led by City Secretary, Dorothy Cook. APPROVAL OF MINUTES: It was moved by Councilman Bost, seconded by Councilman Frauenberger that the Minutes of a Regular Meeting held on November 13, 1984, be approved as submitted. Motion passed 5 to 0. It was moved by Councilman Lentz, seconded by Councilman Bost that the Minutes of a Special Meeting held on November 14, 1984, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid reported that resurfacing of John Lizer Road was funded partially by County allocation. This project is now completed and the road is in good shape, and with Council concurrence Mayor Reid will send a letter of thanks to Commissioner Billy Joe Plaster. Mayor Reid read the following letter from Robert C. Lanier, Chairman of Commission of the State Department of Highways and Public Transportation. November 21, 1984 Overweight,Truck Enforcement TO ALL TEXAS MAYORS AND COUNTY JUDGES Dear Sirs: We are asking for your help and support in solving a problem that affects all Texans, overweight trucks. In 1983 there were more than 51,800 convictions for overweight violations in our state. We feel certain these violations are causing serious damage to roads and streets throughout Texas. We are working with the Department of Public Safety and others on possible solutions to this problem. Since this is also impacting roads, streets and bridges under your jurisdiction, we feel sure that you will join us in developing your own programs to stop this overweight prob- lem. Accordingly, we would be pleased to hear of any programs, legislative recommendations, or suggestions you may have that would help stop this growing problem. Sincerely yours, /s/ Bob Lanier Robert C. Lanier 2?i Mayor Reid suggested that if the Council would like to take some special action support- ing certain solutions to this problem, he would be happy to place it on a future agenda. COUNCIL ACTIVITY REPORTS: None DEPARTMENTAL REPORTS: City Manager Ron Wicker stated that there is a need for a Planning and Development Com- mittee meeting to discuss with a developer the possibility of creating another MUD dis- trict. It was decided that the meeting would be held Monday, December 3, 1984, at 7:00 P. M. City Manager Wicker explained that he had received several calls from citizens concerning the missed trash pick up due to the Thanksgiving holidays. He stated that the policy, in the past as well as now, is that if a trash day is missed because of a holiday, then the trash will be picked up on the next regularly scheduled trash day. City Manager Wicker also reported that McLean Road is currently going through a rebuild- ing phase and is going along fairly well, and if we have some more good weather then all the repaving programs for this year will be completed within a week or so. DOCKETED PUBLIC HEARINGS: 1. LAND USE CHANGE APPLICATION NO. 137 - ROBERT I. ELLIS, OWNER, FROM CLASSIFICATION PLANNED UNIT TO COMMERCIAL ON THE FOLLOWING DESCRIBED PROPERTY: A 9.05 Acre Tract of Land, being Lots 42 and 42E from Abstract 233, Brazoria County, Texas. NUMBER OF PERSONS SIGNING ATTENDANCE REGISTER: 2 PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: None PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: None QUESTION AND ANSWER PERIOD: Mayor Reid read a letter from the Planning and Zoning Commission dated November 7, 1984, as follows: November 7, 1984 The Honorable Mayor and City Council City Hall Pearland, Texas 77588 Gentlemen: At their special meeting on October 30, 1984, the Planning and Zoning Commission held a Public Hearing on Application No. 137, Robert I. Ellis, Owner, for an amendment to the Land Use and Urban Development Ordinance from classification Planned Unit (PU) to Com- mercial (C). The Planning and Zoning Commission acted on the application. Al Klosterman made motion, seconded by Bill Teasdale that the Planning and Zoning Commission recommend to the City Council that Application No. 137 be approved. Motion passed 5-0. The Planning and Zoning Commission is submitting this recommendation for the Council's consideration. Sincerely /s/ Richard F. Tetens Richard Tetens, Chairman Planning and Zoning Commission RT/vc 272 It was brought out that utilities were available to this tract and that a private road could be built or that additional right-of-way could be dedicated to the City for exten- sion of Halik Road. HEARING ADJOURNED COMPLETE TAPE OF HEARING ON FILE IN THE CITY SECRETARY'S OFFICE. CHANGE IN ORDER OF BUSINESS NEW BUSINESS: COUNCIL DECISION ON APPLICATION NO. 137, ROBERT I. ELLIS, OWNER: It was moved by Councilman Gray, seconded by Councilman Bost that an ordinance be prepared for Council's consideration on Land Use Change Application No. 137, Robert I. Ellis, Owner, from Planned Unit to Commercial. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: (Continued) On behalf of the City Council and himself, Mayor Reid presented a Resolution, No. R84-31, to Dorothy L. Cook, retiring City Secretary, in recognition of her service and contribu- tion to the City: Water District Employee 1963-1964 City of Pearland Employee 1964-1984 Served as City Secretary 1968-1984 Mayor Reid presented a proclamation to Dorothy L. Cook, retiring City Secretary, pro- claiming the week of November 26-30, 1984 as, "Dorothy L. Cook Week in Pearland." Mayor Reid stated that this proclamation was being presented to Mrs. Cook in appreci- ation of her outstanding service and contributions over the years to the City as well as to himself as Mayor of the City of Pearland. UNFINISHED BUSINESS: ORDINANCE NO. 246-99, AN ORDINANCE OF THE CITY OF PEARLAND AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE, APPLICATION NO. 135, JAMES T. ROBINSON, AGENT FOR LEON SETTEGAST AND MARY K. HADDOCK: Ordinance No. 246-99 read in caption by Councilman Frauenberger.(Second Reading) It was moved by Councilman Frauenberger, seconded by Councilman Bost that Ordinance No. 246-99 be passed and approved on the second and final reading. Said Ordinance No. 246-99 reads in caption as follows: ORDINANCE NO. 246-99 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 TO THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CONTAIN- ING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Gray, Councilman Bost, Councilman Frauenberger, Councilman Mack and Councilman Lentz. Voting "No": None Motion passed 5 to 0. NEW BUSINESS: (Continued) 273 _RATIFICATION OF CITY MANAGER'S APPOINTMENT OF KAY KROUSE AS CITY SECRETARY AND TOMMIE JEAN VIAL AS ASSISTANT CITY SECRETARY: It was moved by Councilman Frauenberger, seconded by Councilman Gray that the City Man- ager's appointment of Kay Krouse as City Secretary and Tommie Jean Vial as Assistant City Secretary be ratified by the Council. Motion passed 5 to 0. -- Mayor Reid administered the Oath of Office to Kay Krouse and Tommie Jean Vial. ORDINANCE NO. 483, AN ORDINANCE FIXING AND ORDERING THE RATES TO BE CHARGED BY ENTEX, INC. FOR GAS SERVICE TO RESIDENTIAL AND SMALL COMMERCIAL CUSTOMERS WITHIN THE CITY OF PEARLAND: Ordinance No. 483 read in caption by Councilman Mack. (First Reading) It was moved by Councilman Mack, seconded by Councilman Bost that Ordinance No. 483 be passed and approved on first of two readings. Said Ordinance No. 483 reads in caption as follows: ORDINANCE NO. 483 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FIXING AND ORDERING THE RATES TO BE CHARGED BY ENTEX, INC., FOR GAS AND GAS SERVICE TO RESIDENTIAL AND SMALL COMMERCIAL CUS- TOMERS WITHIN THE CITY OF PEARLAND, TEXAS, ESTABLISHING THE EFFECTIVE DATE, MAKING MISCELLANEOUS PROVISIONS, RE- PEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR SEVERABILITY. Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Frauenberger, Councilman Bost and Councilman Gray. Voting "No": None Motion passed 5 to 0. ORDINANCE NO. 246-100, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE APPLICATION NO. 136, JOHN KEGLEY, OWNER, PLANNED UNIT TO GENERAL BUSINESS: Ordinance No. 246-100 read in caption by Councilman Lentz. (First Reading) It was moved by Councilman Lentz, seconded by Councilman Bost that Ordinance No. 246-100 be passed and approved on first of two readings. Said Ordinance No. 246-100 reads in caption as follows: ORDINANCE NO. 246-100 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 TO THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CONTAIN- ING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Gray, Councilman Bost, Councilman Frauenberger, Councilman Mack and Councilman Lentz. Voting "No": None Motion passed 5 to 0. LETTER OF CONCERN TO TEXAS DEPARTMENT OF HEALTH ON APPLICATION NO. 1708, TYPE IV LAND- FILL, HILL SAND COMPANY, INC.: Mayor Reid explained that a local organization had presented some of their concerns about this proposed landfill site at the last Council Meeting and that they have had several 2,74 public meetings to further express their concerns. Mayor Reid asked for Council's authorization for him to submit a letter to the Texas Department of Health expressing Council's concerns about the problems cited by the local organization and asking that the appropriate agencies take these concerns into consideration. It was moved by Councilman Bost, seconded by Councilman Mack that the Council recommend that a letter be submitted to the proper authorities expressing the City's concerns about the problems cited by the local organization that could arise because of this proposed landfill site. It was pointed out that the City Attorney should review the wording before the letter is submitted. City Attorney Bobby Williams pointed out that this should be a letter of information only. City Attorney Williams suggested that a similar letter should be sent to the Brazoria County Solid Waste Disposal Author- ity. Motion passed 5 to 0. MAYOR REID ABSENT FROM THE CHAMBERS AT THIS TIME. MAYOR PRO TEM DENNIS FRAUENBERGER PRESIDING. RESOLUTION NO. R84-29, A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE PEARLAND- FRIENDSWOOD RECIPROCAL AGREEMENT FOR FURNISHING UTILITIES: Resolution No. R84-29 read in full by Councilman Gray. It was moved by Councilman Gray, seconded by Councilman Bost that Resolution No. R84-29 be passed and approved on first and only reading. Said Resolution No. R84-29 reads in caption as follows: RESOLUTION NO. R84-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT AND AGREEMENT BY AND BETWEEN THE CITY OF PEARLAND AND THE CITY OF FRIENDSWOOD. Voting "Aye": Councilman Lentz, Councilman Mack, Councilman Frauenberger, Councilman Bost and Councilman Gray. Voting "No": None Motion passed 5 to 0. RESOLUTION NO. R84-30, A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH BROOKSIDE VILLAGE FOR PEARLAND'S FURNISHING OF EMERGENCY AMBULANCE SERVICE: City Manager Ron Wicker explained that this is a yearly agreement between the cities of Pearland and Brookside Village, and that this year we are asking that the contribution from Brookside Village for Pearland's EMS service be increased by $500.00. The total contract figure was determined by getting the percentage of runs made in Brookside for the year and multiplying that percentage by the annual budget for the Pearland EMS. Resolution No.R84-30 read in full by Councilman Mack. i It was moved by Councilman Mack, seconded by Councilman Lentz that Resolution No. R84-30 be passed and approved on first and only reading. Said Resolution No. R84-30 reads in caption as follows: RESOLUTION NO. R84-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF PEARLAND AND THE CITY OF BROOKSIDE VILLAGE. Voting "Aye": Councilman Gray, Councilman Bost, Councilman Frauenberger, Councilman Mack 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 and payment made from the appropriate funds: 1. Invoice No. 4027 - Langford Engineering, Inc., in the amount of $2,388.23 for Study and Report for Upgrading Three Sewer Plants; 2. Invoice 11/15/84 - Walsh Engineering, Inc., in the amount of $24,060.00 for the Design and Construction of Drainage Improvements in Sherwood Sections I & II, Westminister and Notingham Subdivisions; 3. Estimate No. 2 - Final - Ike Hall, Inc., in the amount of $1,171.83 for paving City Service Center Parking Lot.; 4. Estimate No. 2 - Ike Hall, Inc., in the amount of $48,871.41 for 1984 Street Maintenance Program. Motion passed 5 to 0. MAYOR REID RETURNED TO COUNCIL CHAMBERS AT 8:27 P. M. CHANGE IN LAST MEETING DATE IN DECEMBER DUE TO CHRISTMAS HOLIDAYS: It was moved by Councilman Mack, seconded by Councilman Gray that the last regular meeting date in December be held on December 17, 1984, due to the Christmas Holidays. Motion passed 5 to 0. 1. MEETING RECESSED TO EXECUTIVE SESSION AT 8:29 P. M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2, SUBSECTION (e) LEGAL, (f) LEASE, PURCHASE, EXCHANGE OR VALUE OF REAL PROPERTY AND (g) PERSONNEL. 2. MEETING RETURNED TO OPEN SESSION AT 8:55 P. M. MAYOR PRO TEM DENNIS FRAUENBERGER PRESIDING IN THE ABSENCE OF MAYOR TOM REID. Personnel It was moved by Councilman Gray, seconded by Councilman Bost that the Mayor be authorized to prepare an appropriate letter to make a formal offer to Luke Daniel to be hired as the City Attorney. Motion passed 5 to 0. ADJOURN: The meeting adjourned at 8:57 P. M. an Minutes approved as submitted and/or corrected this the /# of , A. D., 1984. Mayor ATTEST: X" tlio�� City Se retary