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1979-01-08 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JANUARY 8, 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 Councilman Councilwoman Councilman Councilman City Manager City Attorney City Secretary Tom Reid Harry Farley Dennis Frauneberger Fran Coppinger Carlton McComb Morris S. Wilson William E. Wolff Bobby J. Williams (Entered 7:45 P.M.) Dorothy L. Cook INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Councilman Farley. The Pledge of Allegiance was led by Councilman McComb. APPROVAL OF MINUTES: It was moved by Councilman Frauenberger, seconded by Councilman McComb that the minutes of the regular meeting,held on December 18 1978, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: None COUNCIL ACTIVITY REPORTS: Councilwoman Coppinger reported that the proposed Cable TV Ordinance is now ready for the City Attorney to review for recommendations. The Committee will then meet with Mr. Wilson of MECA for final discussion before presenting to the City Council for consideration. DEPARTMENTAL REPORTS: None CITIZENS: Mr. John West appeared before the City Council to discuss the construction of a Seven -Eleven Store being build adjacent to his property. He advised that he felt some regulations should be passed to require a buffer between residential and commercial areas of the City. He advised the City Council that in his particular case, the Seven -Eleven Company agreed to install a six foot cedar fence across the back of the commerical property to serve as a buffer; however, he felt that the Council should look into the possibility of such regulations. He also advised that a traffic problem exists where Longherridge intersects with Shadycrest Drive. He advised that between Highway 518 and the back of the subdivision there was not anything to slow down the traffic. Mayor Reid asked Ron Wicker to check into this matter. DOCKETED PUBLIC HEARINGS: 1. APPLICATION NO. 63 - RONALD AND BEULAH JOHNSON R-1 to NS on a portion of Lot Two out of a partition of 5.5 acres as recorded in Volume 685, Page 660, Brazoria County Deed Records, part of and out of an original called 27.09 acre tract as recorded in Volume 64, Page 70, Brazoria County Deed Records, and lying in the City of Pearland, Texas. Mayor Reid advised that this Hearing was reconvened for the purpose of hearing testimony for and against the request. He also advised that this Hearing had been scheduled previously; however, the Public Hearing was not concluded, and this matter needed to be cleared from the agenda records. PERSONS WISHING TO SPEAK FOR THE PROPOPOSED CHANGE: None PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: Tony and Virginia Vento, 3223 Patricia Lane, Mrs. John Williams, 3224 Patricia Lane, and Mrs. A. A. Jones, 3220 Patricia Lane, spoke against the proposed change. QUESTION AND ANSWER PERIOD: Councilman McComb stated that whenever this item was brought up previously a report from the City Attorney stated that the property could not be rezoned by the City for a commercial establishment. The report indicated that the subdivision was platted in a metes and bounds, and the restrictions prohibited commercial use of the property. ADJOURN HEARING: Hearing adjourned at 7:46 P.M. UNFINISHED BUSINESS: DECISION ON APPLICATION NO. 63, RONALD AND BEULAH JOHNSON: It was moved by Councilman McComb, seconded by Councilman Wilson that the request for change in land use from R-1 to NS on the property described in Application No. 63, Ronald and Beulah Johnson, be denied. Motion passed 5 to 0. ORDINANCE NO. 393, AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, CONTINUING THE TAX IMPOSED BY THE LOCAL SALES AND USE TAX ACT ON THE SALE AND DISTRIBUTION OF GAS AND ELECTRICITY FOR RESIDENTIAL USE: Ordinance No. 393 was read in caption by Mayor Reid. (Second Reading) It was moved by Councilman Frauenberger, seconded by Councilwoman Coppinger that Ordinance No. 393 be passed and approved on second and final reading. Said Ordinance reads in caption as follows: ORDINANCE NO. 393 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, CONTINUING THE TAX IMPOSED BY THE LOCAL SALES AND USE TAX ACT (ARTICLE 1066c, VERNON'S TEXAS CIVIL STATUTES) ON THE SALE AND DISTRIBUTION OF GAS AND ELECTRICITY FOR RESIDENTIAL USE IN SAID CITY, EFFECTIVE OCTOBER 1, 1979. Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Farley, Councilwoman Coppinger, and Councilman Frauenberger. Voting "Nay" - None. Motion passed 5 to 0. ORDINANCE NO. 246-55 AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE APPLICATION NO. 64 - SOUTH CORRIDOR TWO, LTD. PU TO COMMERCIAL: Ordinance No. 246-55 was read in caption by Mayor Reid. (Second Reading) It was moved by Councilwoman Coppinger, seconded by Councilman Farley that Ordinance No. 246-55 be passed and approved on second and final reading. Said Ordinance reads in caption as follows: ORDINANCE NO. 246-55 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 CONTAINING OTHER PRO- VISIONS 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. ii FINAL APPROVAL OF PARKVIEW, SECTION II: Councilman Farley reported that the Committee appointed to look into some deficiencies in Parkview Subdivision Section II requested the City Engineer to take some sample cores from the section.of streets that were slightly below our standards. These cores indicated a deficiency of less than 3% of what is required by the specifications. Councilman Farley advised that based on this information and by the observation of this subdivision, it be approved with contingencies. It was moved by Councilman Farley, seconded by Councilman Frauenberger that Parkview Subdivision, Section II be approved with the following contingencies: (1) In addition to the normal maintenance bond, a $5,000 Certificate of Deposit be placed with the City Secretary. (2) High spots on the West side of Misty Lane be ground to a grade to permit proper drainage. (3) Withdrawal of Carl E. Wachtstetter`s letter of December 15, 1978. (4) Building permits be withheld until drainage problem outlined under Item 2 has been checked and approved by the City Engineer. Motion passed 5 to 0. NEW BUSINESS: APPOINTMENT OF CHARTER REVIEW COMMISSION: This item passed until a later time in the meeting. BID NO. B78-21, BRIDGE MATERIALS: Bids received under Bid No. B78-21 were reviewed by the City Council as follows: VENDOR AMOUNT DELIVERY Pearland Lumber Co. $43,452.36 60 to 90 days Conroe Creosoting Co. 43,394.25 45 days or sooner Koppers 41,336.92 30 days on piling 90 days on lumber Olsen & Guerra Co. 37,734.69 45 to 60 days It was moved by Councilman McComb, seconded by Councilman Wilson that Olsen & Guerra Lumber Company be awarded Bid No. B78-21 for bridge materials in the amount of $37,734.69. Motion passed 5 to 0. RESOLUTION NO. R79-1, A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACT BETWEEN THE CITY OF PEARLAND AND SOUTHWESTERN APPRAISAL COMPANY, INC.: The contract with Southwestern Appraisal Company, Inc. for tax appraisal work during the 1979 tax year was brought before the City Council for consideration. It was moved by Councilman Farley, seconded by Councilman Wilson that Resolution No. R79-1 be passed and approved on first and only reading. Said Resolution reads in caption as follows: RESOLUTION NO. R79-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, r-- TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF PEARLAND AND SOUTHWESTERN APPRAISAL COMPANY, INC. Voting "Aye" - Councilman Fr-auenberger, Councilwoman Coppinger, Councilman Farley, Councilman McComb, and Councilman Wilson. Voting "Nay" - None. Motion passed 5 to 0. RESOLUTION NO. R79-2, A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACT BETWEEN THE CITY OF PEARLAND AND THE CITY OF BROOKSIDE FOR EMERGENCY AMBULANCE SERVICE: The contract with Brookside for Emergency Ambulance Service was brought before the City Council for consideration. Councilman Farley advised the City Council that 102 this was the same contract approved last year. It was moved by Councilwoman Coppinger, seconded by Councilman Frauenberger that Resolution No. R79-2 be passed and approved on first and only reading. Said Resolution reads in caption as follows: RESOLUTION NO. R79-2 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. Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Farley, Councilwoman Coppinger, and Councilman Frauenberger. Voting "Nay" - None. Motion passed 5 to 0. APPROVAL OF CERTIFICATE OF SUBSTANTIAL COMPLETION - SWIMMING POOL, POOL BUILDING AND APPURTENANCES IN INDEPENDENCE PARK - P.G. BELL COMPANY: This matter to be considered on a later agenda after the City Engineer has approved same. OTHER BUSINESS: EXECUTIVE SESSION - TEXAS OPEN MEETING'S LAW, SECTION 2, SUBSECTION (g), PERSONNEL. MEETING RECESSED INTO EXECUTIVE SESSION AT 8:20 P.M. - RECONVENED INTO OPEN SESSION AT 9:15 P.M. No action as a result of Executive Session. Mayor Reid. recessed Meeting at 9:16 P.M. to reconvene at 7:00 P.M., January 22, 1979 at which time item of Charter Review Commission appointments will be considered. MEETING RECONVENED AT 7:10 P.M., JANUARY 22, 1979. APPOINTMENT OF CHARTER REVIEW COMMISSION: It was moved by Councilman McComb, seconded by Councilman Wilson that the following be appointed to the Charter Review Commission: A. E. Klosterman, 3207 Regal Oaks Rudy Pesl, 2206 Cedar Street Carlton A. Baker, 5208 Applesprings Mercy Singleton, 3502 W. Circle Drive Richard Tarrer, 2215 Country Club Drive Motion passed 4 to 0. Councilman Farley absent. Mayor Reid administered the Oath of Office to Mr. Klosterman, Mr. Pesl, Mr. Baker, and Ms. Singleton who were present at the meeting. Mr. Tarrer to come by the City Hall at a later date to take the Oath. ADJOURN: The meeting adjourned at 7:25 P.M. Minutes approved as submitted and/or corrected this day of A. D., 1979. ATTEST: Mayor City Secretary