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1977-03-14 CITY COUNCIL REGULAR MEETING MINUTES`14 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MARCH 14, 1977, 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 Carlton McComb Councilman Cecil W. Griffin Councilman Harry Farley Councilman Tom Reid Councilman Benny Frank City Manager William E. Wolff Assistant City Manager. James 0. DeShazer City Attorney Bobby J. Williams City Secretary Dorothy L. Cook Absent from the meeting: Councilman Terry Gray. INVOCATION AND PLEDGE OF. ALLEGIANCE: The invocation was given by Councilman Reid. The Pledge of Allegiance was led by Debbie Scott. APPROVAL OF MINUTES: It was moved by Councilman Frank, seconded by Councilman Reid that the minutes of the regular meeting held on February 28, 1977 be approved as submitted. Motion passed 3 to 0. Councilman Farley abstained. MAYOR'S ACTIVITY REPORT: Mayor McComb issued the following Proclamations: Texas Future Homemakers of America Week - March 27, 1977 to April 2, 1977 Shrine Hospital Benefit Day - April 2, 1977 COUNCIL ACTIVITY REPORTS: Councilman Reid reported that flashing lights, approved by the City Council„ sometime ago�have been installed on Walnut Street in the area of the North- South runway of the Pearland Airport. DEPARTMENTAL REPORTS: None CITIZENS: Mr. George'Bofysil appeared before the City Council and advised that he wished to sell 13 acres of land out of an original 45 acre tract. This 13 acres of land lies 2,400 feet from Highway 518. Mr. Bofysil asked about dedication of a road to this property or possibly through this property. Mr. Bofysil stated that first 1 15 he needed to know if he could sell this thirteen acres. He advised that the buyer wanted to have it zoned commercial. Secondly, if he sold him the property, would he have to put a 60 foot road for access to the property. Mayor McComb advised Mr. Bofysil that an action item on his request was under new business of the agenda. Mr. Tom Alexander advised that he had written a request from Black Base, Inc. to open Nottingham Street adjacent to Westminister Subdivision. He advised that the City had accepted an easement when Westminister was dedicated in front of lots 1, 2, and 3. Mr. Alexander also requested that the street also be extended to the Green Survey which would pass a 2.25 acre tract of land on which he is .. Trustee. Mr. Alexander advised that what they wanted was access to the property as well as the three lots in Westminister Subdivision. He advised that there was a 40 foot dedication along Nottingham,.and he advised that they wanted to dedicate part of this easement from the end of Westminister Subdivision to the Green Survey line. He advised they would give a general warranty deed and participate in the cost of the street. This would be a 30 foot easement, .and he asked that the City take whatever means necessary to obtain additional right of way. roll Mayor McComb asked the City Attorney to research all the data on this matter and report back at the next meeting. An action item will be placed on the agenda and the Mayor asked Mr. Alexander to return at this time. DOCKETED PUBLIC HEARINGS: Mayor McComb reconvened the Public Hearing on Entex, Inc. request for rate change. Mr. Baker, representative of Entex, Inc. advised that they do not have the data compiled that was requested by the City. Mayor McComb recessed the Public Hearing until the next regular meeting. UNFINISHED BUSINESS: APPOINTMENTS: It was moved by Councilman Reid, seconded by Councilman Griffin that Bill Bursill's appointment as a member of the Park Board be ratified. Motion passed 4 to 0. It was moved by Councilman Reid, seconded by Councilman Frank that Charles Michna be appointed as a member of the Electrical Board. Motion passed 4 to 0. It was moved by Councilman Reid, seconded by Councilman Farley that Mrs. Nancy Sallee be appointed as a member of the Library Board. Motion passed 4 to 0. It was moved by Councilman Reid, seconded by Councilman Prank that Joe Weber 16 be appointed as a member of the Planning & Zoning Commission to fill the vacancy created by the resignation of Douglas Vaughan. Motion passed 4 to 0. Mayor McComb administered the Oath of Office to Mr. Weber. CONTRACT WITH COENCO, INC. FOR INDEPENDENCE PARK: It was moved by Councilman Griffin, seconded by Councilman Frank that the Mayor be authorized to execute the Contract between Coenco, Inc. and City of Pearland for engineering services in Independence Park. Motion passed 4 to 0. ORDINANCE NO. 351, AN ORDINANCE MAKING FINAL OFFER TO WILLIAM D. NELSON, ET UX FOR RIGHT OF WAY ON MYKAWA ROAD AND ORDERING INSTITUTION OF CONDEMNATION PROCEEDINGS: Ordinance No. 351 was read in full by Councilman Farley. (Second Reading) It was moved by Councilman Farley, seconded by Councilman Griffin that Ordinance No. 351 be passed and approved on second and final reading. Said Ordinance No. 351 reads in caption as follows: ORDINANCE NO. 351 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, DIRECTING THE MAKING OF A FINAL OFFER FOR ROAD RIGHT-OF-WAY PURPOSES AND ORDERING INSTITUTION OF CONDEMNATION PROCEEDINGS. Voting "Aye" - Councilman Farley, Councilman Reid, Councilman Griffin, and Councilman Frank. Voting "No" - None Motion passed 4 to 0. ORDINANCE NO. 352, AN ORDINANCE MAKING FINAL OFFER TO TOMMY G. HAMBY, ET UX FOR RIGHT OF WAY ON MYKAWA ROAD AND ORDERING INSTITUTION OF CONDEMNATION PROCEEDINGS: Ordinance No. 352 was read in full by Councilman Griffin. (Second Reading) It was moved by Councilman Griffin, seconded by Councilman Farley that Ordinance No. 352 be passed and approved on second reading. Said Ordinance No. 352 reads in caption as follows: ORDINANCE NO. 352 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, DIRECTING THE MAKING OF A FINAL OFFER FOR ROAD RIGHT-OF-WAY PURPOSES AND ORDERING INSTITUTION OF CONDEMNATION PROCEEDINGS. Voting "Aye" - Councilman Griffin, Councilman Farley, Councilman Reid, and Councilman Frank. Voting "No" - None Motion passed 4 to Q. CITY OF PEARLAND LAND BID NO. 1: Mayor McComb advised that the bid submitted by the First Baptist Church was 1 below the minimum that was specified in the Resolution authorizing the bid to be advertised. City Attorney Williams has given an opinion that the City cannot sell this property at less than the appraised value and that we cannot negotiate with the bidder for a higher price, therefore, the only thing the Council can do is reject the bid. It was moved by Councilman Reid, seconded by Councilman Griffin that Land Bid No. 1 be rejected and the Cashier's Check enclosed with the bid as bid surety be returned to the First Baptist Church and the land sale be rebid. Motion passed 4 to 0. AWARD OF BID ON 1250 GPM TRIPPLE COMBINATION CUSTOM PUMPER FOR FIRE DEPARTMENT: Councilman Reid, a member of the Committee assigned to work with the Equipment Committee of the Fire Department, reported that all of the considerations were made on the basis of the base bids submitted. It was moved by Councilman Reid, seconded by Councilman Griffin that based on the recommendation of the Equipment Committee of the Pearland Volunteer Fire Department that the bid be awarded to Claude Wright & Associates for an American LaFrance 1250 GPM Pumper as submitted on their alternate bid in the amount of $78,419.00 and that $75,000.00 be financed through issuance of Time Warrants, and the balance be paid through current revenue. Motion passed 4 to 0. NEW BUSINESS: REQUEST BY GEORGE BOFYSIL TO SELL PART OF A TRACT OF LAND LOCATED IN ABSTRACT 111: It was moved by Councilman Reid, seconded by Councilman Frank that Mr. George Bofysil be authorized to sell a 13 acre tract of land located in Abstract 111. Motion passed 4 to 0. Mr. Bofysil was made aware by the City Council that this was approval to sell and did not constitute a zoning change or providing an access road to the property. ORDINANCE NO. 353, AN ORDINANCE OF THE CITY OF PEARLAND CREATING AN ADMINISTRATIVE DEPARTMENT TO BE KNOWN AS PLANNING & TRANSPORTATION DEPARTMENT: Ordinance No. 353 was read in full by Councilman Frank. (First Reading) It was moved by Councilman Griffin, seconded by Councilman Reid that Ordinance No. 353 be passed and approved on first reading. Said Ordinance No. 353 reads in caption as follows: 17 FIR ORDINANCE NO. 353 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, CREATING AN ADMINISTRATIVE DEPARTMENT OF THE CITY TO BE KNOWN AS THE PLANNING AND TRANSPORTATION DEPARTMENT; CREATING THE OFFICE OF DIRECTOR OF PLANNING AND TRANSPORTATION; CONTAINING GENERAL PROVISIONS RELATING TO THE SAID DEPARTMENT AND DIRECTOR; PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE THEREOF. Voting "Aye" - Councilman Frank, Councilman Reid, Councilman Farley, and Councilman Griffin. Voting "No" - None. Motion passed 4 to 0. ORDINANCE NO. 354, AN ORDINANCE OF THE CITY OF PEARLAND AUTHORIZING THE ISSUANCE OF FIRE TRUCK TIME WARRANTS: Ordinance No. 354 was read in full by Councilman Reid. (First Reading) It was moved by Councilman Reid, seconded by Councilman Frank that Ordinance No. 354 be passed and approved on first reading. Said Ordinance No. 354 reads in caption as follows: ORDINANCE NO. 354 AN ORDINANCE AUTHORIZING THE ISSUANCE OF FIRE TRUCK 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 Frank, Councilman Reid, Councilman Farley, and Councilman Griffin. Voting "No" - None Motion passed 4 to 0. ORDINANCE NO. 355, AN ORDINANCE OF THE CITY OF PEARLAND FOR EMPLOYMENT OF RATE CONSULTANT REGARDING ENTEX, INC. REQUEST FOR RATE CHANGE: Ordinance No. 355 was read in full by Councilman Farley. (First Reading) It was moved by Councilman Griffin, seconded by Councilman Reid that Ordinance No. 355 be passed and approved on first reading. Said Ordinance No. 355 reads in caption as follows: ORDINANCE NO. 355 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE ENGAGEMENT OF THE LAW FIRM OF LEONARD, KOEHN, ROSE 4 WEBB AS RATE CONSULTANTS AND ATTORNEYS, INCORPORATING THE LETTER AGREEMENT BETWEEN THAT FIRM AND THE CITY FOR THE PURPOSES AND AT THE TERMS STATED THEREIN; ESTABLISHING A POLICY FOR REIMBURSEMENT TO THE CITY FOR THE COSTS OF SUCH SERVICES PERFORMED BY THE CONSULTANTS AND ATTORNEYS; AND MAKING CERTAIN FINDINGS OF FACT, AND PROVIDING AN EFFECTIVE DATE HEREOF. Voting "Aye" - Councilman Frank, Councilman Reid, Councilman Farley, and Councilman Griffin. Voting "No" - None Motion passed 4 to 0. RESOLUTION NO. R77-9, A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE NECESSARY APPLICATION TO APPLY FOR TRAFFIC ENGINEERING STUDY FUNDS: Resolution No. R77-9 was read in full by Mayor McComb. It was moved by Councilman Frank, seconded by Councilman Reid that Resolution No. R77-9 be passed and approved on first and only reading. Said Resolution No. R77-9 reads in caption as follows: RESOLUTION NO.. R77-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING CARLTON McCOMB, MAYOR OF SAID CITY, TO EXECUTE THE NECESSARY APPLICATION INSTRUMENTS TO APPLY TO THE STATE OF TEXAS OFFICE OF TRAFFIC SAFETY AND ANY OTHER AGENCY FOR FUNDS TO FUND A TRAFFIC ENGINEERING STUDY FOR THE CITY OF PEARLAND. Voting "Aye" - Councilman Griffin, Councilman Farley, Councilman Reid, and Councilman Frank. Voting "No" - None Motion passed 4 to 0. OTHER BUSINESS: It was moved by Councilman Reid, seconded by Councilman Farley that the absence of Councilman Frank from the regular meeting of January 24, 1977 be shown as excused absence. Motion passed 3 to 0. Councilman Frank abstained. row It was moved by Councilman Frank, seconded by Councilman Reid that the absence of Councilman Griffin and Councilman Farley -from the regular meeting held on February 28, 1977, be shown as excused absence. Motion passed 4 to 0. RECESSED TO EXECUTIVE SESSION AT 9:15 P. M. ON LEGAL AND PERSONNEL. TEXAS OPEN MEETINGS LAW, SECTION 2, PARAGRAPH (e) and (g). RECONVENED AT 10:14 P.M. TO OPEN SESSION. NO ACTION. ADJOURN: Meeting adjourned at 10:15 P.M. Minutes approved as submitted and/or corrected this the -9,0— day of A. D., 1977. Mayor ATTESTED: City Secretar a