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1977-03-28 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MARCH 28, 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 Terry Gray Councilman Benny J. Frank City Manager William E. Wolff City Attorney Bobby J. Williams City Secretary Dorothy L. Cook Absent from the meeting: Councilman Tom Reid. INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Councilman Farley. The Pledge of Allegiance was led by Councilman Gray. APPROVAL OF MINUTES: It was moved by Councilman Farley, seconded by Councilman Griffin that the minutes of a regular meeting held on March 14, 1977 be approved as submitted. Motion passed 4 to 0. It was moved by Councilman Gray, seconded by Councilman Farley that the minutes of the Public Hearing held on March 21, 1977 be approved as submitted. Motion passed 4 to 0. CHANGE IN ORDER OF BUSINESS: NEW BUSINESS: RESOLUTION NO. R77-10, A RESOLUTION AUTHORIZING FUNDS FOR PARTICIPATION IN THE HGAC PROJECT FOR UPGRADING THE OPERATING EFFICIENCY OF REGIONAL LAW ENFORCEMENT AGENCIES WITH THE ACQUISITION OF TELECOMMUNICATIONS TERMINALS: Resolution No. R77-10 was read in full by Councilman Farley. It was moved by Councilman Farley, seconded by Councilman Gray that Resolution No. R77-10 be passed and approved on first and only reading. Said Resolution No. R77-10 reads in caption as follows: RESOLUTION NO. R77-10 �. A RESOLUTION AUTHORIZING FUNDS FOR PARTICIPATION IN THE HOUSTON-GALVESTON AREA COUNCIL'S PROJECT FOR UPGRADING THE OPERATING EFFICIENCY OF REGIONAL LAW ENFORCEMENT -- AGENCIES WITH THE ACQUISITION OF TELECOMMUNICATIONS TER- MINALS; AND PROVIDING THAT THIS RESOLUTION SHALL BE EFFECTIVE UPON AND AFTER ITS ADOPTION. Also, that the budget be adjusted accordingly to take care of funding of this pro j ect . Voting "Aye" - Councilman Griffin, Councilman Farley, Councilman Gray and Councilman Frank. Voting "No" - None. Motion passed 4 to 0. AUTHORIZATION FOR MAYOR TO EXECUTE AGREEMENT WITH HGAC FOR INTERLOCAL COOPERATION IN PURCHASE OF TELETYPE EQUIPMENT: It was moved by Councilman Griffin, seconded by Councilman Frank that the Mayor be authorized to sign the Interlocal Cooperation Agreement with HGAC for purchase of teletype equipment. Motion passed 4 to 0. CHANGE IN ORDER OF BUSINESS: MAYOR'S ACTIVITY REPORT: Mayor McComb spoke about the recent publicity regarding the number of tickets +" written by the police department. He advised that the officer in question has worked for the City since October and for an eight hour shift he has written 2.73 tickets per shift. The Mayor advised that he did not feel this was excessive. COUNCIL ACTIVITY REPORTS: Councilman Griffin reported that the landfill is moving along quite well, and we have received from our Engineers, Bernard Johnson, Inc. a layout for the development of the site. Councilman Griffin requested that this matter be placed out for bids so we can move forward on the project. Mayor McComb asked that this matter be placed on the agenda of the special meeting to be held on April 4, 1977 for authorization of bids. Councilman Farley reported that EMS Equipment Director advised that the ambulance on order will be off the assembly line on April 1, 1977. About four days will be required for checking and testing. It will then be brought to Houston for rust - proofing. Councilman Farley stated that it will probably be the middle of April before the unit is ready for service. Councilman Gray reported that the Charter Review Commission will hold a public hearing on March 30, 1977 at 7:30 P.M. in the City Hall. He urged everyone to attend this meeting. Mayor McComb read into the records a letter dated March 22, 1977 received from the Department of Transportation, Federal Aviation Administration, General Office, Mr. George Masterson, Chief,complementing the City for the positive action taken by the City to increase safety for both aircraft and surface traffic at the Pearland Airport. This was the cleaning of the trees and brush, and the installation of flashing lights on Walnut Street warning of low flying aircraft. DEPARTMENTAL REPORTS: City Attorney Bobby Williams advised that his report would be in conjunction with Mr. Tom Alexander's request to speak before the City Council. CITIZENS: This item will be held at a later time in the meeting. DOCKETED PUBLIC HEARINGS: RECONVENE ENTEX, INC. PUBLIC HEARING: Mayor McComb read the following letter dated March 23, 1977 from Entex, Inc.: M "March 23, 1977 Honorable Mayor and City Officials City of Pearland P. 0. Box 1157 Pearland, Texas 77581 Re: Proposed December 27, 1976, Statement of Intent to Change Rates Gentlemen: Entex, Inc., filed with the City of Pearland, its statement of intent, on December 27, 1976. That statement proposed a package of limit adjustments in exchange for expedited approval. Subsequently, Entex and officials of the City of Pearland have discussed and considered the proposed change at length. Inasmuch as it appears that expedited approval of the proposed package of limit adjustments will not be forthcoming, Entex has determined that it will be necessary to request the full rate of return to which the company is entitled in the City of Pearland. Accordingly, Entex hereby withdraws its original statement of intent to change rates. We will, in the near future, refile with the City of Pearland the statement of intent to change rates to which shall be attached rate schedules reflecting a full rate of return to which the company is entitled. Yours very truly s/Arlen Williams Arlen Williams District Manager AW:mat" City Attorney Williams advised the City Council that no further action needs to be taken since Entex, Inc. has withdrawn their request for a rate increase. Mayor McComb adjourned the Public Hearing based on the withdrawal of Entex, Inc. for a rate change. UNFINISHED BUSINESS: APPOINTMENTS: This item to be placed on the next regular agenda. ORDINANCE NO. 353, AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, CREATING AN ADMINISTRATIVE DEPARTMENT- PLANNING AND TRANSPORTATION DEPARTMENT: Ordinance No. 353 was read in full by Councilman Gray. (Second Reading) It was moved by Councilman Gray, seconded by Councilman Frank that Ordinance No. 353 be passed and approved on second and final reading. Said Ordinance No. 353 reads in caption as follows: ORDINANCE NO. 353 roll, 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 Gray, Councilman Frank, 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 Griffin. (Second Reading) It was moved by Councilman Griffin, seconded by Councilman Farley that Ordinance No. 354 be passed and approved on second and final 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 Griffin, Councilman Farley, Councilman Gray, and Councilman Frank. Voting "No" - None Motion passed 4 to 0. ORDINANCE NO. 355, EMPLOYMENT OF RATE CONSULTANTS: Mayor McComb advised that this second reading of the Ordinance would be delayed until Entex, Inc. refiles for a rate increase and at this time the City Attorney will amend this Ordinance and it will be read on second and final reading. APPLICATION NO. 36, REQUEST FOR CHANGE IN LAND USE BY SOUTH CORRIDOR ONE, LTD: It was moved by Councilman Farley, seconded by Councilman Griffin that the request for a change in land use by South Corridor One, Ltd. as outlined in Application No. 36 be denied. Motion passed 4 to 0. APPLICATION NO. 36A, REQUEST FOR CHANGE IN LAND USE BY SOUTH CORRIDOR ONE, LTD: It was moved by Councilman Griffin, seconded by Councilman Gray that based on the recommendation of the Planning & Zoning Commission that Application No. 36A, request of South Corridor One, Ltd. as outlined in Application No. 36A, be denied. Motion passed 4 to 0. AWARD OF BACKHOE BID: City Manager Wolff advised that he and Mr. Escue V. Harris had reviewed the bids submitted under Bid No. B77-4 for a backhoe and recommend that the bid be awarded to Alvin Implement and Supply Company in the amount of $14,990.00 for a Case backhoe. Mr. Wolff advised that while this equipment was not the lowest bid, he and Mr. Harris felt that this piece of equipment was heavy duty and could best serve the City's needs. It was moved by Councilman Farley, seconded by Councilman Griffin that Bid No. B77-4 be awarded to the Alvin Implement and Supply Company for a 580 C Power Schuttle Backhoe and Loader in the amount of $14,990.00 to be paid out of Revenue Sharing Funds. Motion passed 3 to 1. Councilman Gray opposed. APPLICATION NO. 37, RONALD HAUSMAN - REQUEST FOR CHANGE IN LAND USE: Mayor McComb read a letter dated March 24, 1977 from the Planning and Zoning Commission wherein they recommended that the change in land use as outlined in Application No. 37 be denied. The Mayor advised that a Hearing before the City Council on this Application was now in order. It was moved by Councilman Farley, seconded by Councilman Gray that a Public Hearing before the City Council on Application No. 37 be called under Docketed Public Hearings of the regular agenda on April 25, 1977. Motion passed 4 to 0. 0, APPLICATION NO. 38, RONALD HAUSMAN - REQUEST FOR CHANGE IN LAND USE: Mayor McComb read a letter dated March 24, 1977 from the Planning and Zoning Commission wherein they recommended that the change in land use as outlined in Application No. 38 be denied. The Mayor advised that a Hearing before the City Council on this Application was now in order. It was moved by Councilman Gray, seconded by Councilman Farley that a Public Hearing before the City Council on Application No. 38 be called under Docketed Public Hearings of the regular agenda on April 25, 1977. Motion passed 4 to 0. MEETING RECESSED AT 8:20 P.M. - RECONVENED AT 8:50 P.M. NEW BUSINESS: (CONTINUED) APPROVAL OF PRELIMINARY PLAT OF ORANGE COUNTRY DUPLEXES: It was moved by Councilman Griffin, seconded by Councilman Frank that the preliminary plat of Orange Country Duplexes be approved by the City Council. Motion passed 4 to 0. 00ft ADJUSTMENT IN COMMUNICATIONS DEPARTMENT BUDGET: This item removed from agenda at this time. AUTHORIZATION OF BIDS FOR MYKAWA ROAD WATER LINE: It was moved by Councilman Griffin, seconded by Councilman Frank that the City Manager be authorized to bid the installation of the Mykawa Road water line from the intersection of the Santa Fe tracks west down Orange Street and north down Mykawa to Shank Road. Motion passed 4 to 0. RESOLUTION NO. R77-11, A RESOLUTION APPROVING PAYMENT OF CLAIM BY WARREN BROTHERS COMPANY FOR ASPHALT SURFACING AND AUTHORIZING ISSUANCE OF CERTIFICATES OF OBLIGATION: Resolution No. R77-11 was read in full by Councilman Griffin. It was moved by Councilman Griffin, seconded by Councilman Frank that Resolution No. R77-11 be passed and approved on first and final reading. Said Resolution No. R77-11 reads in caption as follows: 01-4 RESOLUTION NO. R77-11 RESOLUTION APPROVING CLAIMS AND AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION. Voting "Aye" - Councilman Frank, Councilman Gray, Councilman Griffin and Councilman Farley.. Voting "No" - None. Motion passed 4 to 0. Entire copy of Resolution No. R77-11 is attached in this Minute Book. RESOLUTION NO. R77-12, A RESOLUTION AUTHORIZING SALE OF PUBLIC LAND: This item passed until a later date. 29 OTHER BUSINESS: It was moved by Councilman Gray, seconded by Councilman Farley that a special meeting be called for April 4, 1977 at 7:30 P.M. to canvass the votes and declare the results of the City Officer's Election held on April 2, 1977. Motion passed 4 to 0. CHANGE IN ORDER OF BUSINESS: CITIZENS: Mr. Tom Alexander appeared before the City Council and requested that the City of Pearland take whatever action is necessary to continue Nottingham Drive east- erly to the Green Survey. Mr. Alexander stated that he and his associates were the owner of three undeveloped lots in Westminister Subdivision and a 2.5 acre tract which would be serviced by the extension of this street. He advised that any necessary right of way would be deeded to the City by he and his associates. Mr. and Mrs. Bert Jamison were present and advised Mr. Alexander and the City Council that the continuance of Nottingham Street along its present course would encroach on land owned by them. Evidence in the form of a survey was exhibited. City City Attorney, Bobby Williams, displayed various maps and charts to the City Council and audience illustrating the area in dispute and expressed to the City Council his opinion that this descrepancy could only be resolved in a court of law. He advised, that in his opinion, the City of Pearland was only obligated to furnish ingress and egress to the three lots in Westminister Subdivision and had no obligation to continue the road on the Green Survey line. OTHER BUSINESS: (CONTINUED) RECESSED AT 10:20 P.M. FOR EXECUTIVE SESSION - TEXAS OPEN MEETINGS LAW - SECTION 2, PARAGRAPH (e) and (g), LEGAL AND PERSONNEL. RECONVENED AT 10:45 P.M. - NO ACTION AS A RESULT OF EXECUTIVE SESSION. ADJOURN: The meeting was adjourned at 10:46 P.M. Minutes approved as submitted and/or corrected this Z— day of 1 A. D., 1977. Mayor ATTEST: City Secretary