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1979-08-13 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON AUGUST 13, 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 Councilwoman Councilman Councilman Councilman City Manager City Attorney Assistant City Secretary Tom Reid Dennis Frauenberger (Entered 7:47 P.M.) Fran Coppinger Charles Mack Carlton McComb Morris Wilson William E. Wolff Bobby J. Williams Loretta K. Bonin INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Mayor Reid. The Pledge of Allegiance was led by Councilman Charles Mack. APPROVAL OF MINUTES: It was moved by Councilman Mack, seconded by Councilwoman Coppinger that the minutes of the regular meeting held on July 23, 1979, be approved as submitted. Motion passed 4 to 0. Councilman Frauenberger absent at this time. MAYOR'S ACTIVITY REPORT: Mayor Reid thanked the citizens, businesses, and service organizations in the City of Pearland for their help during the flood. He also discussed some of - the reasons why this particular flood was so disastrous. The Mayor discussed some items of the Flood Insurance Aid and mentioned that -the Cite was in the process of electing a Disa-sten Coordinator for futureDisasterP-lanning Programs;. COUNCIL ACTIVITY REPORTS: None DEPARTMENTAL REPORTS: None CITIZENS: Tommy Matlock was scheduled to appear before the City Council, but was not able to attend the meeting. CHANGE IN ORDER OF BUSINESS - NEW BUSINESS: APPROVAL OF THE 1979 TAX ROLL: James O. DeShazer, Tax Assessor -Collector, presented the 1979 Tax Roll to the City Council. Mayor Reid read a letter into the minutes from the Board of Equalization -approving the 1979 Tax Roll. Said Tax Roll was certified by the Tax-Assessor-Collector-asfollows: ASSESSED VALUE 1979 LAND $ 47,848,290 IMPROVEMENTS 88,705,606 PERSONAL PROPERTY 25,206,354 TOTAL TAX ROLL - 1979 $ 161,760,250 It was moved by Councilman McComb, seconded by Councilman Frauenberger that the Tax Roll for 1979 as approved by the Equalization Board and Certified by the Tax Assessor -Collector be accepted. Motion passed 5 to 0. CHANGE IN ORDER OF BUSINESS: DOCKETED PUBLIC HEARINGS: 1. REQUEST FOR CHANGE IN LAND USE BY GAIDO-LINGLE COMPANY, INC. (AMENDED BY LETTER JULY 5, 1979, FROM DAN EVANS OF GAIDO-LINGLE COMPANY, INC.) PLANNED UNIT to M-1 (LIGHT INDUSTRIAL) 10.170 acres out of Lot 83, H.T. $ B.RR., Abstract 542, and Lot 84, H.T. & B.RR., Abstract 232, excluding that portion of Lot 83 presently zoned commercial. 2. REQUEST FOR CHANGE IN LAND USE BY GAIDO-LINGLE COMPANY, INC. PLANNED UNIT TO M-1 (LIGHT INDUSTRIAL) 11.8854 acre tract of land out of a 38.2427 acre tract of land out of the H.T. $ B.RR. Company Survey, Abstract 232, and the R.B. Lyles Survey, Abstract 542. PERSONS WISHING TO SPEAK FOR REQUESTED CHANGE IN ZONING: None PERSONS WISHING TO SPEAK AGAINST REQUESTED CHANGE IN ZONING: None QUESTION AND ANSWER PERIOD: None HEARING ADJOURNED: 8:02 P.M. 3. REQUEST FOR CHANGE IN LAND USE BY LOUIS A. CORTE, AGENT, FOR LEONARD AND MAX ROSENBERG, TRUSTEE, PLANNED UNIT TO MOBILE HOME 24.56 acres situated in the Southwest Quarter of Section 11, H. T. & B.RR. Company Survey, Abstract 239, Brazoria County. PERSONS WISHING TO SPEAK FOR REQUESTED CHANGE IN ZONING: Malcolm Collins, City Engineer, presented a copy of the plans for the proposed use of this property. Mr. Collins was representing the buyer of the property. Mr. Louis A. Corte, Agent, spoke for the proposed zoning change in behalf of the sellers, Leonard and Max Rosenberg. Faye Mata also spoke for the proposed zoning change. PERSONS WISHING TO SPEAK AGAINST REQUESTED CHANGE IN ZONING: None QUESTION AND ANSWER PERIOD: Councilman Wilson asked Mr. Collins if there were the proper amount of fire hydrants in the proposed Mobile Home Park, and Mr. Collins replied that there were. Councilman McComb asked several questions regarding the plans of the proposed Mobile Home Park and pointed out several items whereby a Mobile Home Park must meet the Subdivision Ordinance's specifications. Councilman McComb also asked Mr. Collins if the owner of this property can pay all expenses for hiring an engineer to inspect this proposed Mobile Home Park since Mr. Collins is representing the owner for this project. Mr. Collins replied that the owner would pay all expenses for hiring an engineer to do the inspections. HEARING ADJOURNED: 8:42 P.M. CHANGE IN ORDER OF BUSINESS - NEW BUSINESS: COUNCIL DECISION ON LAND USE CHANGES: It was moved by Councilman Frauenberger, seconded by Councilman McComb that ordinances be prepared by the City Attorney on Application No. 70 and Application No. 71 for zoning change from Planned Unit to M-1. Motion passed 5 to 0. It was moved by Councilman Mack, seconded by Councilwoman Coppinger that an ordinance be prepared by the City Attorney on Application No. 72 for zoning change from Planned Unit to Mobile Home. Motion passed 3 to 2. Councilman McComb and Councilman Frauenberger opposed. Councilman McComb would like a letter from the proposed owner stating that he understands all of the ramifications of this zone change and is willing to comply with them. CHANGE IN ORDER OF BUSINESS: MOVING OF THE DEPOT BUILDING AND ANY ACTIONS PERTINENT THERETO: Mayor Reid introduced the President of the Pearland Chamber of Commerce, Bob Christenson, Jean Cheney with Pearland Properties, and Richard Simpson with Pearland Designs. RECESSED AT 8:47 P.M. —RECONVENED AT 9:00 P.M. r -- Councilman McComb reported on the Baptist Church's purchase of the City's property adjacent to the City Hall. He stated that Attorney'Glenn Cheney, representing the Baptist -Church, and City Attorney Bobby Williams will work together to close the deal and prepare all necessary papers to sell this land to the Baptist Church. Councilman McComb referred to a motion made on December 6, 1976 by the City Council whereby the money received from the sale of this property would be used to move the depot to an appropriate place. He also stated that the Chamber of Commerce has funds for refurbishing the depot, and they plan to use it as offices for the Chamber of Commerce. It was moved by Councilman McComb, seconded by Councilman Wilson that a motion from the Council Minutes dated December 6, 1976 be rescinded on the portion -that was not complied with. Motion passed 5 to 0. RECESSED AT 911 P.M.`- RECONVENED AT-9:25`P.M. It was moved by Councilman McComb, seconded by Councilman Wilson that the City expend the funds to move the depot to the City site (Northwest corner of the r-- seven acres owned by the City on Liberty Drive); expend the funds for relocation of any appropriate utility services; the'City Attorney be authorized to prepare a contract and lease agreement with the Chamber of Commerce, the lease -fee being $1.00 per year; a clause in the contract stating that the depot will revert to the City if the Chamber of Commerce wishes to evacuate at any time; the depot be positioned with the long side facing Liberty Drive; and the Mayor be authorized to sign the contract and lease agreement. Motion passed 5 to 0. CHANGE IN ORDER OF BUSINESS: ENGINEER's ESTIMATES FOR WORK COMPLETED THROUGH JULY 31. 1979: City Manager Wolff asked that the City Council approve the Engineer's Estimates prepared by Malcolm Collins, City Engineer, for Lem Construction Company in the amount of $109,333.69 Estimate No. 6, Ben Felts Utility Contractor in the amount of $29,980.96 Estimate No. 2, and Austin Bridge Company in the amount of $66,595.65 Estimate No. 3. It was moved by Councilman Wilson, seconded by Councilman McComb that Engineer's Monthly Estimate No. 6 for work completed through July 31, 1979,in the amount of $109,333.69 for work on Wastewater Treatment Facilities, Plants 2 and 3 be paid to Lem Construction Company, Inc. from -appropriate Bond funds. Motion passed 5 to 0. It was moved by Councilman Frauenberger, seconded by Councilman Mack that Engineer's Monthly Estimate No. 2 for work completed through July 31, 1979, in the amount of $29,980.96 for work on water main construction on Magnolia and John Lizer Roads be paid to Ben Felts Utility Contractor from appropriate Bond funds. Motion passed 5 to 0. It was moved by Councilman Mack, seconded by Councilman McComb that Engineer's Monthly Estimate No. 3 for work completed through July 31, 1979,.in the amount of $66,595.65 for work on street improvements on Mykawa Road from F.M. 518 to Orange Street be paid to Austin Bridge Company from appropriate Bond funds. Motion passed 5 to 0. CHANGE ORDER NO. 1 FOR MARATHON PAVING AND UTILITY CONSTRUCTORS, INC. AND ENGINEER'S ESTIMATE NO. 8: City Manager Wolff recommended approval of Change Order No. 1 which was for some lime stabilization. It was moved by Councilman Mack, seconded by Councilman Wilson that Change Order No. 1 for Marathon Paving and Utility Constructors, Inc. be approved and Engineer's Monthly Estimate No. 8 for work completed through July 31, 1979, in the amount of $9,762.85 for work on street improvements on Walnut Street be paid to Marathon Paving and Utility Constructors, Inc. from appropriate Bond funds. Motion passed 5 to 0. CHANGE IN ORDER OF BUSINESS: AUTHORIZATION TO BID TENNIS COURTS FOR INDEPENDENCE PARK: It was moved by Councilman Frauenberger, seconded by Councilman Wilson that the City Manager be authorized to advertise for bids on Tennis Courts for Independence Park to be opened at 12:00 Noon, September 7, 1979, and considered by the Council at 7:30 P.M., September 10, 1979. Motion passed 5 to 0. CHANGE IN ORDER OF BUSINESS UNFINISHED BUSINESS: ORDINANCE NO. 246-56, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE FOR GREEN TEE CORPORATION FROM PU TO OP: Ordinance No. 246-56 was read in caption by Mayor Reid. (Second Reading) It was moved by Councilwoman Coppinger, seconded by Councilman Wilson that Ordinance No. 246-56 be passed on second and final reading. 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 A14ENDMENT 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 FOR FRANK A. TOUSINAU, TRUSTEE FROM PU TO C: Ordinance No. 246-57 was read in caption by Mayor Reid. (Second Reading) It was moved by Councilman Wilson, seconded by Councilman Mack that Ordinance No. 246-57 be passed on second and final reading. 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 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 Wilson. Councilman McComb not in Council Chambers. Voting "Nay" - None Motion passed 4 to 0. 207 ORDINANCE NO. 394-1, AN ORDINANCE AMENDING ORDINANCE 394, CABLE TV ORDINANCE: Ordinance No. 394-1 was read in caption by Councilwoman Coppinger. (First Reading) It was moved by Councilwoman Coppinger, seconded by Councilman Wilson that Ordinance No. 394-1 be passed on first reading. Said Ordinance reads in caption as follows: ORDINANCE NO. 394-1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND TEXAS, GRANTING A FRANCHISE TO THE MECA CORPORATION, ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, OPERATE, AND MAINTAIN A COMMUNITY ANTENNA TELEVISION SYSTEM IN THE CITY, AND SETTING FORTH CONDITIONS ACCOMPANYING THE GRANTING OF THIS FRANCHISE; PROVIDING AN EFFECTIVE DATE; PROVIDING A REPEALING CLAUSE; AND OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilman Wilson, Councilman Frauenberger, Councilman Mack, and Councilwoman Coppinger. Councilman McComb not in Council Chambers. Voting "Nay" - None Motion passed 4 to 0. NEW BUSINESS: ISSUANCE OF CERTIFICATES OF APPRECIATION: It was moved by Councilman Wilson, seconded by Councilman Frauenberger that Certificates of Appreciation be issued to appropriate individuals, organizations, and businesses for contributions to the flood relief efforts. Motion passed 5 to 0. APPOINTMENTS: It was moved by Councilman Wilson, seconded by Councilwoman Coppinger that A. V. Jolley be reappointed to the Plumbing Appeals and Advisory Board and W. R. Keele be reappointed to the Board of Adjustments and Appeals for four year r— terms. Motion passed 5 to 0. RESOLUTION NO. R79-19, A RESOLUTION APPROVING AGREEMENT AND AUTHORIZING MAYOR TO EXECUTE SAME WITH THE TEXAS HIGHWAY DEPARTMENT FOR TRAFFIC SIGNAL ON F.M. 518 AT CORRIGAN DRIVE: It was moved by Councilman Mack, seconded by CouncilmanWilsonthat the Mayor be authorized to sign agreement between the Texas Highway Department and the City of Pearland to install traffic signals at F.M. 518 and Corrigan Drive. Motion passed 5 to 0. Resolution No. R79-19 was read in full by Councilman Mack. It was moved by Councilman Mack, seconded by Councilman Wilson that Resolution No. R79-19 be passed on first and only reading. Said Resolution reads in caption as follows: RESOLUTION NO. R79-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED AUGUST 13, 1979, BETWEEN THE STATE OF TEXAS AND THE CITY OF PEARLAND, TEXAS, FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION, AND MAINTENANCE OF HIGHWAY SIGNAL PROJECT AT THE LOCATION SHOWN ON EXHIBIT 1, ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE EXECUTION OF SAID AGREEMENT. Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Frauenberger, Councilman Mack, and Councilwoman Coppinger. Voting "Nay" - None Motion passed 5 to 0. AUTHORIZATION FOR CITY ATTORNEY TO PREPARE ORDINANCE REGULATING PORTABLE AND TEMPORARY SIGNS: It was moved by Councilwoman Coppinger, seconded by Councilman Frauenberger that a Workshop meeting for the City Council be called for August 20, 1979, at 7:30 P.M. to consider a comprehensive sign ordinance for the City of Pearland. Motion passed 5 to 0. 208 ORDINANCE NO. 402, AN ORDINANCE ADOPTING A REVENUE SHARING BUDGET FOR THE ENTITLE- MENT PERIOD BEGINNING OCTOBER 1. 1979 AND BEGINNING SEPTEMBER 30. 1980: Ordinance No. 402 was read in full by Councilman Wilson. (First Reading) It was moved by Councilman Wilson, seconded by Councilman McComb that Ordinance No. 402 be passed and approved on first reading. Said Ordinance reads in caption as follows: ORDINANCE NO. 402 AN APPROPRIATION ORDINANCE ADOPTING A REVENUE SHARING BUDGET FOR THE ENTITLEMENT PERIOD BEGINNING OCTOBER 1, 1979 AND ENDING SEPTEMBER 30, 1980. Voting "Aye" - Councilwoman Coppinger, Councilman Mack, Councilman Frauenberger, Councilman McComb, and Councilman Wilson. Voting "Nay" - None Motion passed 5 to 0. ORDINANCE NO. 403, AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1979 AND ENDING SEPTEMBER 30. 1980: Ordinance No. 403 was read in full by City Attorney Bobby Williams including an amendment. (First Reading) It was moved by Councilman Frauenberger, seconded by Councilman Mack that Ordinance No. 403 be passed and approved on first reading as amended:. Said Ordinance reads in caption as follows: ORDINANCE NO. 403 AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1979 AND ENDING SEPTEMBER 30, 1980. Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Frauenberger, Councilman Mack, and Councilwoman Coppinger. Voting "Nay" - None Motion passed 5 to 0. ORDINANCE NO. 404, AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT AND PROVIDING'AN INTEREST AND SINKING FUND. Ordinance No. 404 was read in full by Councilman Frauenberger. (First Reading) It was moved by Councilman Frauenberger, seconded by Councilwoman Coppinger that Ordinance No. 404 be passed and approved on first reading. Said Ordinance reads in caption as follows: ORDINANCE NO. 404 AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR 1979 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE. Voting "Aye" - Councilwoman Coppinger, Councilman Mack, Councilman Frauenberger, Councilman McComb, and Councilman Wilson. Voting "Nay" - None Motion passed 5 to 0. RESOLUTION NO. R79-20, A RESOLUTION DESIGNATING A LOCAL AGENT TO ADMINISTER THE FEDERAL DISASTER RELIEF'FUNDS. Resolution No. R79-20 was read in full by Councilwoman Coppinger. It was moved by Councilwoman Coppinger, seconded by Councilman Frauenberger that Resolution No. R79-20 be passed and approved on first and only reading. Said Resolution reads in caption as follows: RESOLUTION NO. R79-20 DESIGNATION OF APPLICANT'S LOCAL AGENT TO ADMINISTER THE FEDERAL DISASTER RELIEF FUNDS. Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Frauenberger, Councilman Mack, and Councilwoman Coppinger. Voting "Nay" - None Motion passed 5 to 0. OTHER BUSINESS: RECESSED AT 10:25 P.M. TO EXECUTIVE SESSION, TEXAS OPEN MEETING'S LAW, SECTION 2, SUBSECTION (g) PERSONNEL. RETURN TO OPEN SESSION.AT 11:29 P.M. No action as a result of Executive Session. ADJOURN: The meeting adjourned at 11:30 P.M. Minutes approved as submitted and/or corrected this _ _27Z day of A..D., 1979. Mayor ATTEST: City Secretary