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1979-07-23 CITY COUNCIL REGULAR MEETING MINUTES197 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JULY 23, 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 INVOCATION AND PLEDGE OF ALLEGIANCE: Tom Reid Dennis Frauenberger Charles Mack Fran Coppinger Carlton McComb Morris Wilson William E. Wolff Bobby J. Williams Dorothy L. Cook The invocation was given by Reverend Quentin King, Pastor of the South Gate Baptist Church, Friendswood, Texas. The Pledge of Allegiance was led by Councilman Frauenberger. APPROVAL OF MINUTES: It was moved by Councilman Frauenberger, seconded by Councilman Mack that the 1 minutes of the regular meeting held on July 9, 1979, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid introduced Mr. Archie Johnson, Field Representative for Congressman Ron Paul. Mr. Johnson spoke briefly before the City Council advising that Congressman Paul would be happy to assist in any problems at the federal government level. Mayor Reid advised that the Brazoria County Historical Society is working with the Houston -Galveston Area Council in developing a roster of historical buildings throughout Brazoria County. Mayor Reid advised that the preliminary draft indicated only two buildings listed in Pearland. Mayor Reid advised that if any citizens had knowledge of other buildings that should be listed, this information should be relayed to him through the office of the City Secretary. COUNCIL ACTIVITY REPORT: Councilman Frauenberger advised that he felt there was a need for an ordinance regulating temporary and portable signs in the City of Pearland. City Manager Wolff advised that we did have the means of enforcing signs of this nature under the Uniform Traffic Code if the signs were creating a traffic hazard to the public. A discussion was held regarding a proposed sign ordinance now in preliminary draft 7— form; however, the City Attorney advised that this would be a long and detailed ordinance and would require a considerable length of time before final draft could be made. The Mayor advised that in the interest of time and in order for the City to move more rapidly on the problem, authorization for the City Attorney to prepare an ordinance covering portable signs would be on the agenda of the next regular meeting. DEPARTMENTAL REPORTS: City Manager Wolff presented his 1979-80 Budget for the City of Pearland and asked that the City Council call a Public Hearing for 7:30 P.M. August 9, 1979. Mayor Reid read City Manager Wolff's budget message dated July 23, 1979. .19 CITIZENS: Reverend Quentin King of the South Gate Baptist Church, 100 Friendswood Drive, Friendswood, Texas, appeared before the City Council with a request to obtain access into seven acres of property owned by his church and located adjacent to Green Tee Terrace. This property is located in the City of Houston's extra- territorial jurisdiction. Rev. King also asked for extension of utilities to serve this area. He was advised that there is a one foot fee strip around Green Tee Terrace and a written release would have to be obtained before any access could be made to the Church's property. The installation of the drain tile would be the only possible assistance that could be given in this matter at this time. DOCKETED PUBLIC HEARINGS: HOUSTON LIGHTING AND POWER COMPANY: REQUEST BY HOUSTON LIGHTING AND POWER COMPANY FOR INCREASE IN RATES. PERSONS WISHING TO SPEAK FOR THE PROPOSED INCREASE: Mr. Otto Schroeder, District Representative of the Houston Lighting $ Power Company, spoke before the City Council. He advised that the Houston Lighting & Power Company needed this increase due to such factors as increases in State and local taxes, environmental protection costs, and the impact of inflation on the cost of labor, material, and services that they must use. He advised that the primary factor affecting the Light Company's financial position is the high cost of new construction. The unique growth in the Houston area has created unprecedented demands for electric service. The following is a schedule comparing the old rates and the proposed new rates: OLD RATES PROPOSED RATES Customer Charge monthly rate includes the use $4.50 $ 6.30 of 30 kwh Kwh Charge Billing months of June through October amount per kwh for all additional kwh 2.15¢ 2.95 Billing months of November through May amount per kwh for next 670 kwh 2.05 2.85 amount per kwh for all over 700 kwh 1.15¢ 1.70¢ Adjustment - Plus an amount determined in accordance with Rider FC. MISCELLANEOUS GENERAL SERVICE - MGS June - Oct.. Nov. -May Customer Charge monthly rate $9.30 $11.75 Kva Charge per kva for each kva over 10 0.75 Kwh Charge amount per kwh for first 800 kwh 3.40¢ 3.70¢ 3.70¢ amount per kwh for next 2300 kwh 2.35 2.40 2.40 amount per kwh for all additional kwh 0.88 1.35 0.85¢ plus 100 kwh per kva for each kva over 10 Minimum Charge: The Customer Charge in the rate unless expense and investment to serve Customer requires a special guarantee. Adjustment - Plus an amount determined in accordance with Rider FC. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED INCREASE: None. QUESTION AND ANSWER PERIOD: Members of the City Council posed several questions to the Houston Lighting & Power Company Representative and then the Mayor recessed the Public Hearing until further notice. 199 UNFINISHED BUSINESS: ORDINANCE NO. 400, AN ORDINANCE AUTHORIZING THE ISSUANCE OF EMERGENCY MEDICAL SERVICES TIME WARRANTS: Ordinance No. 400 was read in caption by Mayor ---Reid. (Second Reading) It was moved by Councilman Wilson, seconded by Councilman Frauenberger that Ordinance No. 400 be passed and approved on second and final reading. Said Ordinance No. 400 reads in caption as follows: ORDINANCE NO. 400 AN ORDINANCE AUTHORIZING THE ISSUANCE OF EMERGENCY MEDICAL SERVICES TIME WARRANTS OF THE CITY OF PEARLAND, TEXAS; PRESCRIBING THE TERMS AND CONDITIONS THEREOF AND UPON WHICH SUCH WARRANTS SHALL BE ISSUED; LEVYING TAXES TO PROVIDE THE PAYMENT THEREOF; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Frauenberger, Councilman Mack and Councilwoman Coppinger. Voting "Nay" - None. Motion passed 5 to 0. LAND USE CHANGE APPLICATION NOS. 70 AND 71, GAIDO-LINGLE, AMENDED REPORT FROM PLANNING AND ZONING COMMISSION: Mayor Reid read a letter dated July 5, 1979, from Dan Evans, Vice President of Gaido-Lingle Company, Inc. ad follows: "Mr. Ron Wicker Manager of Planning City of Pearland P. 0. Box 1157 Pearland, Texas 77581 Dear Mr. Wicker: We wish to have the zoning board act on our revised application of June 7, 1979 requesting change from P.U. and Commercial to M-1 for the 10.17 acre and 11.88 acre tracts which are in our name. That portion of the 10.17 acre tract from Telephone Road back approximately 300 to 350 feet is to remain commercial as. presently zoned. Please exclude from our application the land which belongs to Mr. Ray Bellew. We will submit a separate application on his tract. Very truly yours, GAIDO-LINGLE COMPANY, INC. s/Dan Evans Vice President DE/kb" Mayor Reid also read a letter dated July 18, 1979, from the Planning and Zoning Commission wherein they recommended that Applications 70 and 71 be approved as amended by the applicant's letter of July 5, 1979. It was moved by Councilman Frauenberger, seconded by Councilwoman Coppinger that a Public Hearing be called before the City Council on Applications 70 and 71 under Docketed Public Hearings of the regular agenda of August 13, 1979. Motion passed 5 to 0. JAIL FACILITIES AND DISPATCHING SERVICE FOR BROOKSIDE VILLAGE: A discussion was held regarding various conversations between the Mayor of Pearland and the Mayor of Brookside on the issue of use of Pearland jail facilities and dispatching services. It was moved by Councilman McComb, seconded by Councilman Frauenberger that the Brookside Mayor and City Council be officially notified as soon as possible, by letter, signed by the Mayor, that they are on notice that 30 days from the date of the letter and that they will be removed from the jail facilities, and 60 days from the date of the letter, the City of Pearland will discontinue all dispatching for the City of Brookside, unless they agree to pay the City the amount of $25.00 for each prisoner deposited in our jail and $250.00 per month for dispatching services. These payments will being August 1, 1979, and will be payable monthly. Motion passed 5 to 0. NEW BUSINESS: CALL OF A PUBLIC HEARING ON PROPOSED BUDGET FOR FISCAL YEAR BEGINNING OCTOBER 1, 1979: It was moved by Councilwoman Coppinger, seconded by Councilman Mack that a Public Hearing on the Proposed Budget for the fiscal year beginning October 1, 1979, be called for 7:30 P.M. August 9, 1979, in the Council Chambers of the City Hall. Motion passed 5 to 0. COUNCIL RATIFICATION OF RENTAL CAR FOR CHIEF OF POLICE: It was moved by Councilman Mack, seconded by Councilman Wilson that the Contract with Gulf Coast Motor Leasing, Inc. covering a 1979 Pontiac four door sedan for use by the Chief of Police be ratified. Motion passed 5 to 0. REPORT FROM PLANNING AND ZONING COMMISSION ON APPLICATION NO. 72, LOUIS A. CORTE, AGENT: Mayor Reid read a report from the Planning and Zoning Commission dated July 18, 1979, wherein they recommended that Application No. 72, Louis A. Corte, Agent, be approved. It was moved by Councilman Frauenberger, seconded by Councilwoman Coppinger that a Public Hearing be called under Docketed Public Hearings of the regular agenda of August 13, 1979, on Application No. 72, Louis A. Corte, Agent. Motion passed 5 to 0. ORDINANCE NO. 246-56, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE. APPLICATION NO. 68. GREEN TEE CORPORATION: Ordinance No. 246-56 was read in caption by Mayor Reid. (First Reading) It was moved by Councilman Wilson, seconded by Councilman McComb that Ordinance No. 246-56 be passed and approved on first of two readings. Said Ordinance reads in caption as follows: ORDINANCE NO. 246-56 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 Wilson, Councilman McComb, Councilman Frauenberger, Councilman Mack and Councilwoman Coppinger. Voting "Nay" - None. Motion passed 5 to 0. ORDINANCE NO. 246-57, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE, APPLICATION NO. 69, FRANK TOUSINAU, TRUSTEE: Ordinance No. 246-57 was read in caption by Mayor Reid. (First Reading) It was moved by Councilwoman Coppinger, seconded by Councilman Frauenberger that Ordinance No. 246-57 be passed and approved on first of two readings. Said Ordinance reads in caption as follows: ORDINANCE NO. 246-57 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN 20. 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" - Councilwoman Coppinger, Councilman Mack, Councilman Frauenberger, Councilman McComb, and Councilman Wilson. Voting "Nay" - None. Motion passed 5 to 0. FIRST READING OF ORDINANCE NO. 394-1, AN ORDINANCE AMENDING ORDINANCE NO. 394 CABLE TV ORDINANCE: This item to appear on a future agenda. OTHER BUSINESS: RECESSED AT 9:05 P.M. TO EXECUTIVE SESSION, TEXAS OPEN MEETING'S LAW, SECTION 2, SUBSECTION (e) LEGAL AND (f) PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY. RETURN TO OPEN SESSION AT 9:57 P.M. It was moved by Councilman Frauenberger, seconded by Councilman McComb that award of the real property bid to the First Baptist Church regarding the lots on Broadway Street and Texas Avenue be amended whereby the said Church will accept certain lots with General Warranty Deed and Title Policy and that the certain lots be conveyed with Special Warranty and no title policy. Motion passed 5 to 0. ADJOURN: The meeting adjourned at 9:58 P.M. Minutes approved as submitted and/or corrected this J� day of A. D., 1979. c Mayor ATTEST: dmzw Assistant City Secretary