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1979-09-24 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON SEPTEMBER 24, 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 City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: Tom Reid Dennis Frauenberger Fran Coppinger Charles Mack Carlton McComb Morris Wilson William E. Wolff Bobby J. Williams Dorothy L. Cook The invocation was given by Mayor Reid. The Pledge of Allegiance was led by Councilman Frauenberger. APPROVAL OF MINUTES: It was moved by Councilman Frauenberger, seconded by Councilman Wilson that the minutes of the regular meeting held on September 10, 1979, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid issued the following Proclamations: P.T.A. Membership Drive Weeks - September 24 through October 5 PAYDIRT Workathon Week - September 24 through September 30 COUNCIL ACTIVITY REPORTS: Councilman Frauenberger announced that a Committee Meeting will be held on September 25, 1979, to try to form a Joint Tax Assessing Board between the School and the City. DEPARTMENTAL REPORTS: None CITIZENS: The following citizens appeared before the City Council with complaints about slow drainage and flooding in Corrigan Addition. Evan Middleton - 5306 Groveton Mrs. Jerri Davis - 5407 Carmona Mrs. Kenneth Jefcoats - 5102 Carmona Ronald Pyle - 5301 Groveton Mrs. Billy Underwood - 5106 Carmona Larry Cormier - 5303 Apple Springs Mrs. Donna Rozycki - 5410 Carmona Earl Sears - 2808 Neches River Dr. Mrs. Belle Lloyd - 5307 Carmona Bob Barnes - 3514 Orange (Linwood I) Eldon Bunnell - 5305 Groveton Albert Towns - 2310 Goodrich Richard Schock - 5307 Leggett Lane Dewitt Pretty - 3302 Glastonbury (Twin Creek Woo( Gordon Van Rooy - 5305 Carmona Don Alexander - 5305 Leggett Lane B. A. Tobias, President of Corrigan Civic Club - 5203 Carmona Judy Boegler - 5304 Carmona Archie Jones, Representative Ron Paul's executive assistant, spoke and advised the Representative Paul was willing to assist in any way possible at Federal level to help alleviate this flooding situation. Particular emphasis would be placed on expediting the Corps of Engineer's project for channelization of Clear Creek. Mr. Jones furnished the following telephone numbers to citizens wishing to get messages to Ron Paul - 333-2566, 333-2568, and 333-2576. Councilman Frauenberger advised that he and other members of the Council had received a letter on this date regarding a meeting on drainage to be held by Representative Jerry L. Benedict at the Pearland High School Auditorium on September 26, 1979, at 7:30 P.M. Mayor Reid advised Mr. Tobias, President of the Corrigan Civic Club, that a copy of this letter would be hand delivered to him in the morning so that the information could be circulated to the citizens. Councilman McComb suggested that the people write the following people in an effort to expedite the channelization and reclamation of Clear Creek by the Corps of Engineers: 1. Department of the Army, U.S. Army Engineering District Corps of Engineers P. 0. Box 1229 Galveston, Texas 77550 2. Congressman Ron Paul, 1234 Longworth House Office Building, Washington, D.C. 20515 3. Senator John Tower, Room 142 Russell Building, Washington, D.C. 20510 4. Senator Lloyd Bentsen, Room 240 Russell Building, Washington, D.C. 20510 Regarding the increasing of the size of pipe under Highway 518 in the area of Corrigan Subdivision the people should write: Mr. Omer F. Poorman, District Engineer, District 12 State Department of Highways and Public Transportation P.O. Box 1386, Houston, Texas 77001 Mayor Reid advised that he would give Mr. Tobias, President of the Corrigan Civic Club, a report in one week regarding progress made on this problem. MEETING RECESSED AT 9:00 P.M. - RECONVENED AT 9:15 P.M. UNFINISHED BUSINESS: MARATHON PAVING $ UTILITY CONSTRUCTORS, INC. - ENGINEERING ESTIMATE NO. 9: It was moved by Councilwoman Coppinger, seconded by Councilman Mack that Engineering Estimate No. 9, Marathon Paving & Utility Constructors, Inc. which was tabled at the meeting of September 10, 1979, be brought back before the City Council for consideration. Motion passed 4 to 1. Councilman McComb opposed. Mr. Greg Strickland and Mr. Don Bernard, representatives of Marathon were present at the meeting at the request of the City Council. Mr. Bernard advised the City Council that one-half of the project has been completed, and barring any additional rain, the balance of the project will be completed and ready for topping by Friday, September 28, 1979. It was moved by Councilwoman Coppinger, seconded by Councilman Mack that Engineering Estimate No. 9, Marathon Paving $ Utility Constructors, Inc., in the amount of $4,392.00 for work completed August 31, 1979, be approved for payment from the appropriate bond funds. Motion passed 5 to 0. ORDINANCE NO. 246-59, LOUIS A. CORTE. AGENT - PU TO MH: Planning and Transportation Director Ron Wicker advised that at the last meeting the City Council approved the ordinance on first reading and at that time it was brought out that Plans and Specifications should be reviewed by a Registered there is Engineer before the final reading. This has been done, and/a letter from John Garner, Registered Engineer, outlining ten points that need to be corrected before final approval of change in zoning to Mobile Home. Mr. Wicker advised that he had gone over the plans with Malcolm Collins, Jr. and everything now seems to be in order. 228 Mr. Wicker stated that as far as he was concerned, they were in compliance with the Mobile Home Ordinance. On further discussion of the plans, it was brought out that water connections were not shown at each lot. Mr. Wicker advised that this needs to be noted on the plans where the service lines will be to serve the lots with the inclusion of one line on the water layout plans to show that the lots can be served. A discussion was held regarding the placement of manholes where the inlets will be above the 100 year flood plain. This particular item can be addressed at the time permits are taken out. Ordinance No. 246-59 was read in caption by Mayor Reid. (Second Reading) At this point Mr. Corte, Agent requesting the Zone Change, advised that he would like a few minutes to discuss a matter with Mr. Collins, the proposed developer. Mayor Reid granted this request and the item will appear later in the meeting. MYKAWA ROAD PROJECT: Councilman Wilson reported that the Highway Department has repaired the wash-out on Cullen (Highway 518) and two way traffic is now permitted, therefore, the construction of Mykawa Road can now get started. It was moved by Councilman Wilson, seconded by Councilman Frauenberger that the City Manager be authorized to bid the Mykawa Road Project as soon as possible. Motion passed 5 to 0. REQUEST BY WILLIAM LOUDEN FOR RELEASE OF BUILDING PERMIT ON LOT 9, BLOCK 3, BROOKLAND ACRES SUBDIVISION: Planning and Transportation Director Ron Wicker advised that last week he and Don Rives, Building Inspector for the City, went out to the property in question and found that the building was 712" from the proposed new property line. It was moved by Councilman Frauenberger, seconded by Councilman Mack that the Building Inspector be authorized to release the Building Permit on Lot 9, Block 3, Brookland Acres Subdivision as requested by Mr. William Louden. Motion passed 4 to 0. Councilman McComb absent from the Council Chambers at this time. ORDINANCE NO. 246-59. LOUIS A. CORTE. AGENT: Ordinance previously read by caption. It was moved by Councilman Mack, seconded by Councilman Frauenberger that Ordinance No. 246-59 be passed and approved on second and final reading. Said Ordinance reads in caption as follows: ORDINANCE NO. 246-59 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, and Councilman Mack. Voting "Nay" - Councilwoman Coppinger. Motion passed 4 to 1. ORDINANCE NO. 405, AN ORDINANCE PROVIDING FOR CERTAIN COLLECTION EXPENSE IN CONNECTION WITH DELINQUENT TAXES: Ordinance No. 405 was read in caption by Mayor Reid. (Second Reading) It was moved by Councilman McComb, seconded by Councilman Wilson that Ordinance No. 405 be passed and approved on second and final reading. Said Ordinance reads in caption as follows: ORDINANCE NO. 405 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, PROVIDING FOR CERTAIN COLLECTION EXPENSE IN CONNECTION WITH DELINQUENT TAXES OWED TO THE CITY OF PEARLAND (HEREAFTER REFERRED TO AS "JURISDICTION"). Voting "Aye" - Councilwoman Coppinger, Councilman Mack, Councilman Frauenberger, Councilman McComb, and Councilman Wilson. r-- Voting "Nay" - None. Motion passed 5 to 0. AUTHORIZATION FOR MAYOR TO EXECUTE DEPOSITORY CONTRACT: It was moved by Councilman Wilson, seconded by Councilman Mack that the Mayor be authorized to execute the Contract between the Pearland State Bank and the City of Pearland to serve as the official depository for a period of three years beginning October 1, 1979. Motion passed 2 to 0. Councilman McComb, Councilman Frauenberger, and Councilwoman Coppinger not voting. (See previous minutes dated August 27. 1979.) ORDINANCE NO. 406, PORTABLE SIGN ORDINANCE: Ordinance No. 406 was read in caption by Councilman Frauenberger. (First Reading) It was moved by Councilman Frauenberger, seconded by Councilman McComb that Ordinance No. 406 be passed and approved on first of two readings. Said Ordinance reads in caption as follows: ORDINANCE NO. 406 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, REGULATING PORTABLE SIGNS; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; PROVIDING A SEVERABILITY CLAUSE; AN EFFECTIVE DATE; 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. NEW BUSINESS: REVIEW OF BIDS RECEIVED UNDER BID NO. B79-10, OPERATION OF A SANITARY LANDFILL: The following bids were received under Bid -No. B79-10, operation of a Sanitary Landfill: CHENNAULT MATERIALS CO., INC. Item 1. provide necessary superintendence, labor, suitable compaction equipment for compaction and immediate cover of all solid waste materials deposited in sanitary landfill - Monthly rate $4,320.00 Yearly $51,840.00 Item 2. Approx. 20,000 cu.yds. excavation of.additional landfill pits necessary to handle solid waste during contract period - $0.84cu/yd if bond is required add 9� Yearly $16,800.00 or $18,600.00 Item 3. Approx. 20 hrs. a month Dozer time - Case 450 or equivalent $37.50 hour $750.00 yearly JOHN C. JAMISON Item 1. using a new Case C1150C dozer, Bonds through Morrison Assurance Co., Inc. Monthly rate $3,900.00 Yearly $46,800.00 Item 2. Due to cost of diesel fuel, etc., and starting date being six months away only firm bid received was $1.25 per cu.yd. Item 3. Approx. 20 hrs, a month Dozer Time - $30.00 per hour City Manager Wolff asked the City Council to postpone action on award of the bid until the next meeting so that the bids could be analized. 4 o�� OFFICIAL NEWSPAPER: The proposal received from the News was received after the proposals were to be submitted. This proposal to be returned unopened. The following proposal was received from the Journal: seven cents (7�) per word. It was moved by Councilman McComb, seconded by Councilman Wilson that The Journal be designated as the official newspaper for the City of Pearland for the coming year beginning October 1, 1979. Motion passed 5 to 0. Resolution No. R79-23 was read in full by Councilwoman Coppinger. It was moved by Councilwoman Coppinger, seconded by Councilman Frauenberger that Resolution No. R79-23 be passed and approved on first and only reading. Said Resolution reads in caption as follows: RESOLUTION NO. R79-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY OF PEARLAND AND THE JOURNAL. Voting "Aye" - Councilman Wilson, Councilman McComb, Councilman Frauenberger, Councilman Mack, and Councilwoman Coppinger. Voting "Nay" - None. Motion passed 5 to 0. ADJUSTMENTS IN THE 1978-79 BUDGET: It was moved by Councilman Mack, seconded by Councilwoman Coppinger that the following adjustments be made in the 1978-79 Budget: GENERAL FUND Estimated Income $2,665,559.00 Estimated Expense 2,665,559.00 WATER $ SEWER Estimated Income $ 969,967.00 Estimated Expense 964,102.00 and the remaining balance in the Council Contingency Fund be allocated to the City Service Center. Motion passed 5 to 0. ADJUSTMENTS IN THE 1978 TAX ROLL: It was moved by Councilman Mack, seconded by Councilman Frauenberger that the following adjustment be made in the tax roll as submitted by Tax Assessor - Collector Jim DeShazer: ASSESSED VALUE: Addition to Roll $ 2,642,115 Reduction to Roll -4,915,293 Adjusted -Revised Net Assessed Value: ($-2,273,178 TAX COMPUTATION: Addition to Roll $ 20,525.15 Reduction to Roll -42,041.84 Adjusted -Revised Tax Dollars gained/lost ($-21,516.69 Motion passed 5 to 0. ADJOURN: The meeting adjourned at 10:30 P.M. Minutes approved as submitted and/or corrected this day of /n�6, A. D., 1979. ATTEST: City Secretary Mayor