1979-04-09 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
HELD ON APRIL 9, 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
Councilman Elect
City Manager
City Attorney
City Secretary
Tom Reid
Harry Farley
Dennis Frauenberger
Fran Coppinger
Carlton McComb
Morris Wilson
Charles R. Mack
William E. Wolff
Bobby J. Williams (Entered 7:40 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 Elect Charles R. Mack.
APPROVAL OF MINUTES:
It was moved by Councilman Farley, seconded by Councilman Wilson that the minutes
of the regular meeting held on March 26, 1979, be approved as submitted. Motion
passed 5 to 0.
MAYOR'S ACTIVITY REPORT:
Mayor Reid asked Hopie Soria of PAYDIRT to report on the activities of this
organization. Mrs, Soria reported that on Wednesday the proceeds from the Sonic
Drive Inn will go to PAYDIRT with the exception of taxes, and she urged everyone
to come by the Sonic and place an order. The Sonic will be open from 10:00 a.m.
to 11:30 P.M.
COUNCIL ACTIVITY REPORTS:
Councilman Wilson reported that the opening of the new municipal swimming pool will
be Saturday, May 5, 1979 at 10:00 a.m. He stated that later on in the month he
would have the program for this opening.
DEPARTMENTAL REPORTS: None
CITIZENS:
Mr. Herlon W. Butler appeared before the City Council advising that in 1975 he
purchased Lot 1 and 30 feet of Lot 2 on a contract for Deed and the Title Company
has informed him that before closing he will have to have a tax certificate from
the City. City Manager Wolff advised that he felt Jim DeShazer's letter to the
Mayor and City Council dated April 9, 1979, should be read into the records of
the meeting.
"TO: Mayor--& -City Council
FROM: Tax Assessor - Collector
DATE: April 9,1979
SUBJECT: Mr. Wayne Butler's Request on Tonights Agenda
Mr. Butler has talked with me about his lot in Sleepy Hollow Estates:
Block 3, Lot 1 & part of Lot 2. I advised him that it would be necessary to
obtain Council approval on a split before he would be granted a Building Permit.
On March 30th, Dr. Freddy Cessac came in to pay his taxes on Block 3, Lot
2, which he said he owned. He was not aware of Mr. Butler's claim to 30 feet
of Lot 2 and said that his Deed was for the complete lot.
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I have not seen either Mr. Butler's or Dr. Cessac's deed and can not say
which is correct; however, I thought you should be aware that there is a problem
on this Agenda item.
s/James 0. DeShazer
James 0. DeShazer
JOD:bl
cc: Wm. E. Wolff"
This matter referred to Tax Assessor -Collector Jim DeShazer for further discussion
regarding the tax certificate.
DOCKETED PUBLIC HEARINGS: None
UNFINISHED BUSINESS:
FINAL PLAT OF CORRIGAN NORTH, SECTION II:
City Manager Wolff advised that Mr. Frank Barringer has asked that the City Council
make some decision on his final plat of Corrigan North, Section II. This plat
was submitted earlier, however, the City Council did not wish to make a decision
until the matter of realignment of Corrigan Drive and Woody Road has been worked
out. Ron Wicker advised that he has not heard from the Highway Department
regarding a proposed alternate plat to alleviate this problem. Mayor Reid to
call Mr. Poorman to see if this matter can -be expedited. This item of final
plat approval to be placed on the agenda after the problem has been worked out
and approved by the City Council.
BID NO. B79=3, STREET SWEEPING:
The following bids were brought before the City Council for review:
Industrial Street Sweeping $10.50 per curb mile
Pasadena, Texas
All -Points Sweepers, Inc. Self-contained "Mobile Sweeper" $60.00 hourly
Stafford, Texas Truck mounted air vacuum sweeper 45.00 hourly
The bidders are to be contacted for clarification of bids submitted and the award
of bid to be on the next regular agenda.
BID NO. B79-4, EXTENSION OF MYKAWA'ROAD FROM ORANGE STREET TO HIGHWAY 518 (BOND)
FUNDS):
The following bids were brought before the City Council for review:
VENDOR AMOUNT DAYS
AUSTIN BRIDGE $239,526.50- 70 days
BROWN & ROOT, INC. 272,447.40 120 days
CHAPARRAL PAVERS, INC. 304,.449.00 120 days
GREAT WESTERN CONTRACTING, INC.245,026.00 100 days
iOi SYSTEMS, INC. 269,037,00 100 days
LEM CONSTRUCTION CO., INC. 2.97,692.25 120 days
r-- City Engineer Malcolm Collins recommended that Austin Bridge Company be awarded
the bid as the lowest and best bidder for the sum of $239,526.50 with 70 working
days. Mr. Collins advised that the developer of Bunker Hill Townhouses would
have some $25,000.00 to pay on this contract for the area he is to develop along
this extension of Mykawa Road. City Manager Wolff advised the City Council that
he has talked with John Garner, the Developer of Bunker Hill Townhouses, and he
is willing to have this done by the City's Contractor and enter into a reimburse-
ment agreement with the City.
It was moved by Councilman Wilson,; -seconded by Councilman McComb that the City
accept the lowest bidder, Austin Bridge 'Company on Bid No. B79-4 in the amount
144
of $239,526.50, and that an agreement be worked out with John Garner for reimburse-
ment of that portion of the extension of Mykawa Road where Bunker Hill Townhouses
will be constructed, and the Mayor be authorized to sign contract. Motion passed
5 to 0.
MEETING RECESSED AT 8:10 P.M. - RECONVENED AT 8:20 P.M.
ORDINANCE NO. 395, AN ORDINANCE -PROVIDING THAT A PORTION OF THE ROAD RIGHT-OF-WAY
OF OLD ALVIN ROAD BE VACATED:
City Attorney Bobby Williams advised that all legal papers necessary for the
exchange of property for the extension of Old Alvin Road in the Knapp Road area
has been consummated.
Ordinance No. 395 was read in caption by Mayor Reid. (Second Reading)
It was moved by Councilman McComb, seconded by Councilman Frauenberger that Ordinance
No. 395 be passed and approved on second and final reading. Said Ordinance reads
in caption as follows:
ORDINANCE NO. 395
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, PROVIDING THAT
A PORTION OF THE ROAD RIGHT-OF-WAY OF OLD ALVIN ROAD BE
VACATED, ABANDONED AND CLOSED; PROVIDING FOR THE REVERSION
OF THE FEE IN SAID LAND; REPEALING ALL ORDINANCES IN CON-
FLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR
AN EFFECTIVE DATE AND PROVIDING 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.
ORDINANCE NO. 396, AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FIXING RATES TO
BE CHARGED BY ENTER. INC.:
Ordinance No. 396 was read in caption by Mayor Reid. (Second Reading)
It was moved by Councilman Frauenberger, seconded by Councilman Farley that
Ordinance No. 396 be passed and approved on second and final reading. Said
Ordinance reads in caption as follows:
ORDINANCE NO. 396
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 COMMERCIAL CUSTOMERS
WITHIN THE CITY OF PEARLAND, TEXAS, ESTABLISHING THE
EFFECTIVE DATE, REPEALING ALL ORDINANCES IN CONFLICT HERE-
WITH AND PROVIDING FOR SEVERABILITY.
Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Farley, Council-
woman Coppinger, and Councilman Frauenberger.
Voting "Nay" - None. Motion passed 5 to 0.
APPOINTMENT OF CITY HEALTH OFFICER:
It was moved by Councilman Wilson, seconded by Councilwoman Coppinger that Dr.
David Armbruster be appointed as City Health Officer for a term of one year
from April 19, 1979. Motion passed 5 to 0.
Mayor Reid administered the Oath of Office to Dr. Armbruster.
NEW BUSINESS:
SOUTH TEXAS PIPE LINE:
City Manager Wolff advised the City Council that the City has received an appli-
cation from South Texas Pipe Line Company to construct a pipeline within the
City of Pearland. There is a detailed accompaniment of maps and specifications.
He requested that the City Council refer this matter to staff and City Engineer
and place the item on a future agenda. The City Council concurred with this
request by Mr. Wolff.
REPORT BY PLANNING AND ZONING COMMISSION ON APPLICATION NO. 65. GREEN TEE CORPORATION:
Mayor Reid read -a letter dated April 6, 1979, from the Planning and Zoning Commission
wherein -the request of Green Tee Corporation for a zone change from PU to GB on
property described in Application No. 65 be denied.
t
It was moved by Councilman McComb, seconded by Councilman Wilson that a Public
Hearing on Application No...65, Green Tee Corporation, be called before the City
Council on May 15, 1979, at 7:30 p.m. under Docketed Public Hearings of the
regular agenda. Motion passed 5 to 0.
SPECIFIC USE PERMIT - DALE PRUDHON - CONSTRUCTION OF TRACTOR STORAGE BUILDING ON
30.1 ACRES LOCATED AT 3501 MCLEAN ROAD:
Mayor Reid read a letter from the Planning and Zoning Commission dated April 6,
1979, wherein they recommended that the Specific Use Permit be granted to Dale
Prudhon for the construction of a tractor storage building on 30.1 acres located
at 350.1 McLean Road.
City Attorney Williams advised the City Council that only after the Planning and
Zoning Commission has denied a request for a:specific use permit that the Council
would consider the matter.
It was moved by Councilman Farley, seconded by Councilman Frauenberger that the
City Council accept the report of the Planning and Zoning Commission dated April
!" 6,_1979, wherein they approved the Specific Use Permit for Dale Prudhon.
Motion passed 4 to 1. Councilman Wilson opposed.
ENGINEER'S MONTHLY ESTIMATE NO. 2 LEM CONSTRUCTION COMPANY WASTE TREATMENT
PLANTS (BOND FUNDS):
It was.moved-by Councilwoman Coppinger, seconded by Councilman Wilson that
Engineer's Estimate No. 2 - Lem Construction Company for the Waste Treatment
Plants 2 and 3 in the amount of $142,763.54 be approved. Motion passed 5 to 0.
ENGINEER'S.MONTHLY ESTIMATE NO. 4 - MARATHON PAVING COMPANY - WALNUT STREET
PROJECT (BOND FUNDS): -
It was moved by Councilman McComb, seconded by Councilman Frauenberger that
Engineer's Estimate No. 4 - Marathon Paving Company for the Walnut Street
Project in the amount of $40,867.42 be approved. Motion passed 5 to 0.
:RESIGNATION
OF CHARLES R. MACK FROM PLANNING AND ZONING COMMISSION:
It was moved by Councilman Wilson, seconded by Councilman Farley that the
resignation dated April 3, 1979 of Charles R. Mack from the Planning and Zoning
Commission be accepted. Motion passed 5 to 0.
RESOLUTION NO. R79-10, A RESOLUTION AND ORDER DECLARING THE RESULTS OF A CITY
ELECTION HELD ON APRIL 7, 1979:
Resolution No. R79-10 reads as follows:
. 46
RESOLUTION NO. R79- 10
A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, CANVASSING THE RETURNS AND DECLARING
THE RESULTS OF THE MUNICIPAL ELECTION HELD IN THE CITY
OF PEARLAND, TEXAS, ON APRIL 7, 1979.
On this the 9th day of April, 1979, the City Council of the City of
Pearland, Texas, convened in :Regular session open to the public at the regular
meeting place thereof with the following members present, to -wit:
Tom Reid Mayor
Dennis Frauenberger Council Position One
Harry Farley Council Position Two
Fran Coppinger Council Position Three
Carlton McComb Council Position Four
Morris Wilson Council Position Five
Dorothy L. Cools. City Secretary/Clerk
and the following absent: None ,
constituting a quorum, and among other proceedings had were the following:
Councilman Farley introduced a resolution and order and moved its
adoption. The motion was seconded by Cotuicilwcman Coppixger , and the motion
carried with the adoption of the resolution and order prevailed by the following
vote; --�
AYES: Counci]nian Frauenberger, Councilwcanan Coppinger, Councilman Farley, Councilman
McComb and Councilman Wilson , NAYS: None
The resolution is as follows:
WHEREAS, there was held in the City of Pearland, Texas, on,the 7th day
of April, 1979, a Regular City Officer's Election was held at which the filling
of the offices of City Council Position Number Two (2) and City Council Position
Number Four (4) were submitted to a vote of the duly qualified resident electors
of said City; and
WHEREAS, at this regular meeting of the City Council of the City of
Pearland, on April 9th, 1979, after date of said election, being the first meeting
of the City Council to be held since said election at which returns of said
election could be considered and final results declared.
NOW THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS:
Section 1.
That the election described was duly called and notice thereof given in
accordance with law; that said election was held in the manner required by law;
.> at
147
that due returns of said election have been made by the proper officers; and it
appearing from said returns, duly and legally made, that there were cast at said
election 946 valid and legal votes electronically computed and two write-in votes;
and that said election resulted in the following vote totals:
FOR COUNCIL POSITION NO. TWO
r--. NAME OF CANDIDATE TOTAL NUMBER OF VOTES RECEIVED
CHARLES MACK 642 (electronically computed.:)
J. D. NICHOLS JR. 1 (write-in)
,FOR COUNCIL POSITION NO. FOUR
TOM MATLOCK 376 (electronically computed)
CARLTON McCOMB 549 (electronically computed:)
DAVID CHRISTENSEN l (write-in)
Section 2.
That the City Council of the City of Pearland, Texas, hereby officially
and affirmatively declares that the results as shown above-are the real and true
results of the election held on April 7, 1979; within the City of Pearland, Texas,
and that the candidate elected for Council Position Two is declared to be Charles
Mack, and the candidate elected for Council Position. Four is declared to be Carlton
McComb, and said above parties are hereby declared duly elected to said respective
offices, subject to taking of their oaths and filing-bond as prouded by the laws
of the State of Texas.
Section 3.
It is further found and determined that in accordance with the order
of this governing body the City Secretary posted written notice of the date, place
and subject of this meeting on the bulletin board located in the City Hall, a
place convenient to the public, and said notice having been so posted and remaining
posted continuously for at least 72 hours preceding the date of this meeting. A
copy of the return of said posting shall be attached to the minutes of this meeting
and shall be made a part thereof for all intents and purposes.
PASSED, ADOPTED AND APPROVED this the day of,
A. D., 1979.
CITY OF P ARLAND, TEXAS
By''�'`
ATTEST: Mayor
r _
rl
City Secretary
L
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Mayor Reid issued Certificates of Election to Charles R. Mack, Position No. 2 and
Carlton McComb, Position No. 4. Mayor Reid administered the Oath of Office to
Charles R. Mack and Carlton McComb.
RESOLUTION NO. R79-11, A RESOLUTION OF THANKS TO COUNCILMAN HARRY FARLEY:
Resolution No. R79-11 was read in full by Mayor Reid.
It was moved by Councilman McComb, seconded by Councilman Wilson that Resolution
No. R79-11 be passed and approved on first and only reading. Said Resolution No.
R79-11 being a Resolution of Thanks for the service to the City of Councilman
Harry Farley.
Voting "Aye" - Councilman Frauenberger, Councilwoman Coppinger, Councilman Mack,
Councilman McComb, and Councilman Wilson.
Voting "Nay" - None. Motion passed 5 to 0.
OTHER BUSINESS:
ADJOURN:
The meeting adjourned at 9:10 P.M.
Minutes approved as submitted and/or corrected this a day of
A. D., 1979.
ATTEST:
psisant
City ecretary
Mayor