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1978-11-27 CITY COUNCIL REGULAR MEETING MINUTESM MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 27, 1978, 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 Councilman Councilwoman Councilman Councilman City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: Tom Reid Harry Farley Dennis Frauenberger Fran Coppinger Carlton McComb Morris Wilson William E. Wolff Bobby J. Williams Dorothy L. Cook The invocation was given by Councilman Farley. The Pledge of Allegiance was led by George Young. APPROVAL OF MINUTES: It was moved by Councilman Wilson, seconded by Councilman Frauenberger that the minutes of the regular meeting held on November 13, 1978 be approved as submitted. Motion passed 4 to 0. Councilman McComb abstained. MAYOR'S ACTIVITY REPORT: Mayor Reid reported that additional Certificates of Appreciation for cooperation during the pipeline disaster of October 24, 1978 would be issued later in the meeting. COUNCIL ACTIVITY REPORTS: Council McComb requested that, due to personal reasons, his name be withdrawn as a Committee member on the South Texas Pipeline request. Mayor Reid advised that at a later date he would appoint another member of the Council to serve on this Committee. DEPARTMENTAL REPORTS: None CITIZENS: Mr. William E. Murphy was not.present at this time. Mayor Reid advised that he would return to this section of the agenda at a later time in the meeting. UNFINISHED BUSINESS: ORDINANCE NO. 390, SPECIAL ASSESSMENT OF GALVESTON AVENUE: Ordinance No. 390 was read in caption by Mayor Reid. (Second Reading) It was moved by Councilman Frauenberger, seconded by Councilman McComb that Ordinance No. 390 be passed and approved on second and final reading. Said Ordinance reads in caption as follows: ORDINANCE NO. 390 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, CLOSING THE HEARING ON SPECIAL ASSESSMENT AGAINST THE OWNERS OF CERTAIN REAL PROPERTY ABUTTING CERTAIN PORTIONS OF GALVESTON AVENUE WITHIN THE CITY OF PEARLAND, TEXAS, FINDING AND DETERMINING THE SPECIAL BENEFITS TO EACH PARCEL OF ABUTTING PROPERTY AND THE ENHANCEMENT OF VALUE OF EACH PARCEL OF ABUTTING PROPERTY BY REASON OF THE CONSTRUCTION OF IMPROVEMENTS TO SAID PORTIONS OF SAID PUBLIC STREET; DECLARING THE AMOUNT OF ASSESSMENT AGAINST THE SAID ABUTTING PROPERTIES, AND DECLARING AN EFFECTIVE DATE. Voting "Aye" - Councilman Frauenberger, Councilwoman Coppinger, Councilman Farley, Councilman McComb, and Councilman Wilson. Voting "Nay" - None Motion passed 5 to 0. ORDINANCE NO. 391, ACCEPTING STREET IMPROVEMENTS ON GALVESTON AVENUE: Ordinance No. 391 was read in caption by Mayor Reid. (Second Reading) It was moved by Councilman Farley, seconded by Councilman McComb that Ordinance No. 391 be passed and approved on second and final reading. Said Ordinance reads in caption as follows: ORDINANCE. NO. 391 AN ORDINANCE OF THECITYOF PEARLAND, TEXAS, ACCEPTING STREET IMPROVEMENTS ON GALVESTON AVENUE. Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Farley, Councilwoman Coppinger, and Councilman Frauenberger. Voting "Nay" - None Motion passed 5 to 0. ORDINANCE NO. 392, AN ORDINANCE OF THE CITY PRESCRIBING AND APPROVING RATES TO BE CHARGED BY HOUSTON LIGHTING & POWER COMPANY: Ordinance No. 392 was read in full by Councilman McComb. (Second Reading) It was moved by Councilman McComb, seconded by Councilman Wilson that Ordinance No. 392 be passed and approved as amended on second and final reading. Said Ordinance reads in caption as follows: ORDINANCE NO. 392 AN ORDINANCE OF THE CITY OF PEARLAND, BRAZORIA AND HARRIS COUNTIES, TEXAS, PRESCRIBING AND APPROVING RATES TO BE CHARGED BY HOUSTON LIGHTING & POWER COMPANY IN THE CITY OF PEARLAND, TEXAS; PROVIDING FOR AN EFFECTIVE DATE FOR SUCH RATE SCHEDULES; PROVIDING CONDITIONS UNDER WHICH SUCH RATE SCHEDULES MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN; CONTAINING FINDINGS AND PROVISIONS RELATED TO THE _ SUBJECT; REPEALING ANY OTHER ORDINANCE OR PART OR PARTS THEREOF WHICH MAY BE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE; A SEVERABILITY CLAUSE; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" Councilman Frauenberger, Councilwoman Coppinger, Councilman Farley, Councilman McComb, and Councilman Wilson. Voting "Nay" - None Motion passed 5 to 0. CERTIFICATES OF APPRECIATION: It was moved by Councilman Farley, seconded by Councilman Frauenberger that Certificates of Appreciation for assistance in the pipeline disaster be sent to the following: 1. Life Flight - Hermann Hospital; 2. Memorial Southeast Hospital; 3. Clear Lake Emergency Medical Corps; 4. Alvin Community Hospital; 5. County Road 143 Volunteer Fire Department; 6. Alvin Volunteer Fire Department; 7. Alvin Police Department; 8. Manvel Volunteer Fire Department; 9. Manvel Area Emergency Medical Services; 10. Houston Fire Department; 11. Houston Fire Department -Ambulance Division; 12. Houston Police Department; 13. Brookside Police Department; 14. Brookside Volunteer Fire Department; 15. Friendswood Medical Arts Clinic; 16. Friendswood Police Department; 17. Friendswood Volunteer Fire Department; 18. Krogers; 19. Shipley Do -nuts; 20. Tick Tock Drive Inn. Motion passed 5 to 0. CHANGE IN ORDER OF BUSINESS: CITIZENS: Mr. William E. Murphy of Murphy Properties appeared before the City Council with the following request which was read by Mayor Reid. t �J "November 20, 1978 City Secretary City of Pearland Pearland, Texas Subject: Appearance at the City Council meeting of Monday, November 27, 1978, regarding the development of a tract known as Section 2, Longwood Park, Pearland, Brazoria County, Texas. 1. The intended developer of the property requests that Section 2, Longwood Park, be developed as close as possible to the original plat, and with drainage provided by open ditch, as opposed to curb and gutter. The reason is that Mr. Yost of the Drainage District states that this is the only way that the property can be drained. 2. There appears to be a dispute between the present owner and the City of Pearland as to ownership of the utilities in the subject tract. The developer wishes to assure the City that any and all necessary documents will be executed by the developer to resolve the matter in the favor of the City. Respectfully submitted, s/William E. Murphy P. 0. Box 337 Friendswood, Tx. 77546 482-1100" Mayor Reid also read a letter from Lloyd J. Yost, Drainage Superintendent as follows: "November 27, 1978 TO WHOM IT MAY CONCERN: Through many years of observation of the vacant land known as Section 2, Longwood Park, Pearland Townsite, I find that drainage is a problem --especially if curb and gutter improvements are required. The outfall ditch is inadequate as to depth and there is not enough Right - of -Way to maintain the proper depth. The alternative for adequate drainage would be: (1) Storm Sewer to Clear Creek of which size I am not qualified to say without proper engineering through the existing Drainage ROW, or, (2) use the open ditch concept with additional cleaning to the outfall ditch that exists. This is observation only and not engineering facts. If additional information is needed, please let me know and I will try to help. Sincerely, s/Lloyd J. Yost sup It." A discussion was held regarding the request for open ditch subdivision and it was brought out that in the past in other areas of the City the developers dedicated a right-of-way for a drainage ditch behind the property, installed concrete streets with curbs and gutters and the water from storm sewer was channeled into the drainage ditch. NEW BUSINESS: REQUEST BY WILLIAM MURPHY FOR OPEN DITCH SUBDIVISION IN PROPOSED LONGWOOD PARK SECTION 2: It was moved by Councilman Farley, seconded by Councilman Wilson that the request of William Murphy for approval of open ditch subdivision in the proposed Longwood Park Section 2 be denied. Motion passed 5 to 0. FINAL PLAT OF CORRIGAN NORTH, SECTION II: This item passed at the request of the City Manager. CHANGE OF MEETING DATE: City Manager Wolff advised the City Council that the last regularly scheduled meeting of the City Council in December would fall on December 25th, Christmas Day. He asked for Council approval for a change to December 18, 1978 for this meeting. It was moved by Councilman McComb, seconded by Councilman Wilson that the regular meeting scheduled for December 25, 1978 be changed to December 18, 1978. Motion passed 5 to 0. OTHER BUSINESS: It was moved by Councilman Farley, seconded by Councilman Wilson that Councilman McComb's absence from the regular meeting held on November 13, 1978 be recorded as "excused absence". Motion passed 5 to 0. EXECUTIVE SESSION - TEXAS OPEN MEETING'S LAW, SECTION 2, SUBSECTION (g) PERSONNEL: Mayor Reid recessed the meeting at 8:10 P.M. for Executive Session. Reconvened to open session at 10:25 P.M. with no action. ADJOURN: The meeting adjourned at 10:26 P.M. Minutes approved as psubmitted and/or corrected this /J day of A. D., 1978. Mayor ATTEST: City Secretary 9