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1982-04-26 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 26. 1982, 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 Terry Gray Al Lentz Charles R. Mack Harry Farley Dennis M. Frauenberger Ronald J. Wicker Bobby J. Williams Dorothy L. Cook The invocation was given by Mayor Reid. The Pledge of Allegiance was led by Mayor Pro Tem Terry Gray. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman Frauenberger that the minutes of a Special Meeting held on April 5, 1982 be approved as submitted. Motion passed 4 to 0. Councilman Frauenberger abstained. It was moved by Councilman Frauenberger, seconded by Councilman Lentz that the minutes of the Regular Meeting held on April 19, 1982 be approved as submitted. Motion passed 4 to D. Councilman Farley abstained. It was moved by Councilman Gray, seconded by Councilman Mack that the minutes of the Special Meeting held on April 19, 1982 be approved as submitted. Motion passed 4 to 0. Councilman Farley abstained. mavnv i c. nrmTvrmv 'DW1Dn17T. Mayor Reid presented a Proclamation to the Presidents of the two local chapters of the American Business Women's Association proclaiming May 1982 as ABWA Scholarship Month in Pearland. Mayor Reid issued a Proclamation for the Brazoria County Bar Association proclaiming May 1, 1982 as Law Day U.S.A. This proclamation was received by City Attorney Bobby Williams on behalf of the Association. COUNCIL ACTIVITY REPORTS: Councilman Gray reported that he has met with Ron Slank of Ron Carter Chevrolet, and Bob Jordan of Ford's Restaurant to discuss their previous request for rerouting of the sewer line in the alley back of each business. Mr. Slank and Mr. Jordan have looked at the proposal by our Engineer and both have responded that they would like to move forward on this project. Councilman Gray asked that an item be placed on the agenda of the next regular meeting to discuss this in detail. Councilman Farley read the following letter into the records of this meeting: Mayor City of Pearland: It is with great regret that I hereby submit my resignation as City Councilman Position 3 City of Pearland. This is effective May lst and is necessitated by my moving out of the State. My deepest thanks to the staff and elected officials for years of friendship. Very truly yours, /S/ Harry E. Farley Received April 26, 1982 /S/ Dorothy Cook, City Secretary Councilman Mack asked that the Joint Workshop Meeting between the Planning & Zoning Commission and the City Council, on the Amendments to the Land Use Ordinance, be held on May 3, 1982. DEPARTMENTAL REPORTS: City Attorney Williams reported that he is working on the Industrial Waste Ordinance, and also is working on the part of the Code regarding fire walls in apartments; and these items should be ready by the next meeting. The Fire Code revision is being remodified entirely, and should be ready for first reading sometime during the month of May. CITIZENS: Mrs. Ruby L. Estes, 2301 Goodrich - Mrs. Estes requested that an ordinance be passed prohibiting loaded 18 -wheel trucks from parking in residential areas. She stated that she felt that this was bad for the streets as well as obstructing vision on the street. Mayor Reid appointed a Committee with Councilman Frauenberger, as Chairman; City Manager Ron Wicker, Police Chief Stanford, and City Attorney Williams, as members, to investi- gate the possibility of an ordinance regulating parking in residential areas as well as along the major thoroughfares. CHANGE IN ORDER OF BUSINESS: UNFINISHED BUSINESS: RESOLUTION NO. R82-18, A RESOLUTION OF THANKS TO CARLTON MCCOMB: Resolution No. R82-18 read in full by Mayor Reid. It was moved by Councilman Gray, seconded by Councilman Lentz that Resolution No. R82-18 be passed and approved on first and only reading. Said Resolution No. R82-18 reads in caption as follows: RESOLUTION NO. R82-18 A RESOLUTION OF THANKS TO CARLTON MCCOMB FOR HIS SERVICE TO THE CITY: MAYOR 1972 - 1978; COUNCILMAN 1970-72 AND 1978-82. Voting "Aye": Councilman Farley, Councilman Frauenberger, Councilman Gray, Councilman Mack, and Councilman Lentz. Voting "No": None Motion passed 5 to 0. MEETING RECESSED AT 8:05 P. M. - RECONVENED AT 8:15 P. M. NEW BUSINESS: APPOINTMENTS: Mayor Reid submitted the following names for consideration by the City Council to serve as members of the Planning & Zoning Commission, Library Board and Electrical Board: Planning & Zoning Commission - Frank Ravet - (3 year term) reappointment Planning &Zoning Commission - Hardie R. Barr - (3 year term) Library Board - Bettye Alexander - (3 year term) reappointment Library Board - Rosalie Olah - (3 year term) reappointment Electrical Board - Chris Brooks - (2 year term) reappointment It was moved by Councilman Frauenberger, seconded by Councilman Mack that Frank Ravet and Hardie R. Barr be appointed as members of the Planning & Zoning Commission for a three year term. Motion passed 5 to 0. It was moved by Councilman Lentz, seconded by Councilman Mack that Bettye Alexander and Rosalie Olah be appointed as members of the Library Board for a three year term. Motion passed 5 to 0. It was moved by Councilman Gray, seconded by Councilman Lentz that Chris Brooks be appointed as a member of the Electrical Board for a two year term. Motion passed 5 to 0. DOCKETED PUBLIC HEARINGS: PURPOSE OF THE HEARING: Request by Entex, Inc. for a rate change. PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: Mr. Roy Baker, local manager for Entex, Inc. - Mr. Baker presented the City Council with a booklet of exhibits indicating wages, inflation, investment, cost of money and cost of service calculation and other information relative to the request for increase. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE IN RATES: None QUESTION AND ANSWERS: Mr. Baker advised that the cost of this increase would be $0.95 per month for each domestic customer. ADJOURN: Hearing adjourned at 8:40 P. M. COMPLETE TAPE OF HEARING ON FILE IN THE OFFICE OF THE CITY SECRETARY. NEW BUSINESS: (Continued) COUNCIL DECISION ON REQUEST BY ENTEX FOR RATE CHANGE: It was moved by Councilman Lentz, seconded by Councilman Mack that the City Attorney be authorized to prepare an ordinance for first reading reflecting this change in rates as requested by Entex, Inc. Motion passed 5 to 0. UNFINISHED BUSINESS: (Continued) ORDINANCE NO. 246-78, AN ORDINANCE OF THE CITY OF PEARLAND AMENDING ORDINANCE NO. 246 LAND USE AND URBAN DEVELOPMENT ORDINANCE - APPLICATION NO. 104, JOE LOSSEN, AGENT FOR JOHNNY WARFORD/WARFORD INVESTMENTS, INC. - NS TO COMMERCIAL: Ordinance No. 246-78 read in caption by Councilman Gray. (Second Reading) It was moved by Councilman Gray, seconded by Councilman Lentz that Ordinance No. 246-78 be passed and approved on second and final reading. Said Ordinance No. 246-78 reads in caption as follows: ORDINANCE NO. 246-78 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 Farley, Councilman Frauenberger, Councilman Gray, Councilman Mack and Councilman Lentz. Voting "No": None Motion passed 5 to 0. NEW BUSINESS: (Continued) ORDINANCE NO. 246-79, AN ORDINANCE OF THE CITY OF PEARLAND AMENDING ORDINANCE NO. 246 LAND USE AND URBAN DEVELOPMENT ORDINANCE — APPLICATION NO. 106, NORM KUBBINS, AGENT FOR STEVE REYBURN - PD TO M-1: Ordinance No. 246-79 read in caption by Councilman Lentz. (First Reading) It was moved by Councilman Lentz, seconded by Councilman Frauenberger that Ordinance No. 246-79 be passed and approved on first of two readings. Said Ordinance No. 246-79 reads in caption as follows: ORDINANCE NO. 246-79 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 Mack, Councilman Gray, Councilman Frauen- berger, and Councilman Farley. Voting "No": None Motion passed 5 to 0. ORDINANCE NO. 246-80, AN ORDINANCE OF THE CITY OF PEARLAND AMENDING ORDINANCE NO. 246, LAND USE AND URBAN DEVELOPMENT ORDINANCE - APPLICATION NO. 105 (AMENDED) ROY C. POWERS, OWNER - R-2 TO GENERAL BUSINESS AND COMMERCIAL: Ordinance No. 246-80 read in caption by Councilman Frauenberger. (First Reading) It was moved by Councilman Frauenberger, seconded by Councilman Lentz that ordinance No. 246-80 be passed and approved on first of two readings. Said Ordinance No. 246-80 reads in caption as follows: 9 <j ORDINANCE NO. 246-80 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 Mack, Councilman Gray, Councilman Frauen- berger, and Councilman Farley. Voting "No": None Motion passed 5 to 0. OTHER BUSINESS: MEETING RECESSED AT 8:50 P. M. FOR EXECUTIVE SESSION UNDER TEXAS OPEN MEETING'S LAW, SECTION 2, SUBSECTION (g) PERSONNEL. RETURNED TO OPEN SESSION AT 10:05 P. M. - NO ACTION AS A RESULT OF EXECUTIVE SESSION. ADJOURN: Meeting adjourned 10:05 P. M. Minutes approved as submitted and/or corrected this the / Q day of L4tj , A. D., 1982. Mayor ATTEST: ddvt, City Mecretary