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1977-05-23 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MAY 23, 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 Councilman Councilman Councilman Councilman Councilman City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: Carlton McComb Dennis Frauenberger Harry Farley Terry Gray Tom Reid Morris Wilson William E. Wolff Bobby J. Williams Dorothy L. Cook The invocation was given by Councilman Farley. The Pledge of Allegiance was led by Councilman Gray. BID OPENING - BID NO. B77-6, CONSTRUCTION OF FENCE: Bids opened as follows: CONTRACTOR AMOUNT Gehring Construction Company $5,250.00 7,500 ft. United Fence $6,300.00 7,500 ft. It was moved by Councilman Reid, seconded by Councilman Wilson that the bids be received into the records and referred to the City Manager and Director of Planning & Transportation for tabulation and recommendation. Motion passed 5 to 0. APPROVAL OF MINUTES: It was moved by Councilman Gray, seconded by Councilman Frauenberger that the minutes of the regular meeting held on May 9, 1977 be approved as submitted. .Motion passed 5 to 0. It was moved by Councilman Farley, seconded by Councilman Wilson that the minutes of a special meeting held on May 18, 1977 be approved as submitted. r-+ Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: A Certificate of Recognition was presented to H. E. Bradley for his contributions to the Pearland Emergency Ambulance Group. A Resolution of Thanks No. R77-22 was introduced by Mayor McComb. This Resolution thanked Marvin "Buddy" Ellis for serving as Fire Marshall from February 18, 1960 to May 1, 1977. It was moved by Councilman Reid, seconded by Councilman Farley that Resolution No. R77-22 be passed and approved. Voting "Aye" - Councilman Reid, Councilman Farley, Councilman Gray, Councilman Frauenberger, and Councilman Wilson. Voting "No" - None. Motion passed 5 to 0. The Mayor presented Mr. Ellis with the Resolution and a plaque. COUNCIL ACTIVITY REPORTS: None DEPARTMENTAL REPORTS: None DOCKETED PUBLIC HEARINGS: I. PROPOSED REVENUE SHARING BUDGET ENTITLEMENT PERIOD EIGHT Mayor McComb read the City Manager's proposed Budget as follows: Proposed Revenue Sharing Budget for the Entitlement Period Eight beginning January 1, 1977 and ending September, 1977 based upon an estimated total of $67,200.00. PUBLIC TRANSPORTATION $30,000.00 ENVIRONMENTAL PROTECTION 37,200.00 TOTAL $67,200.00 The City Manager proposed that the Public Transportation funds be used for rebuilding Scott Street from Mykawa Road to Woody Road, Woody Road from Orange Street to the south line of Willowcrest Subdivision, and other badly deteriorated streets to be selected by the Council in the downtown area of the City. The City Manager proposed that the Environmental Protection funds be expended for offsite extension of water, sewer, and electricity to Independence Park. Mayor McComb asked for audience participation for any comments, suggestions, or questions regarding the proposed use of these funds, and hearing none, adjourned the Hearing. UNFINISHED BUSINESS: DIXIE HOLLOW SUBDIVISION: The item to come before the City Council was the final approval and release of the building permits in this subdivision. It was moved by Councilman Gray, seconded by Councilman Farley that the City give final approval and release building permits in Dixie Hollow Subdivision. Voting "Aye" - Councilman Farley and Councilman Gray. Voting "No" - Councilman Reid and Councilman Wilson. Councilman Frauenberger absent from the room at this time. Mayor McComb voted "Aye" to break the tie vote. Motion passed 3 to , 1) 9 ORDINANCE NO. 356, AN ORDINANCE OF THE CITY OF PEARLAND REPEALING ARTICLE III, CHAPTER 2 OF THE CODE OF ORDINANCES: Ordinance No. 356 read in full by Councilman Farley. (Second Reading) It was moved by Councilman Farley, seconded by Councilman Reid that Ordinance No. 356 be passed and approved on second and final reading. Said Ordinance No. 356 reads in caption as follows: ORDINANCE NO. 356 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS REPEALING ARTICLE III OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, PROVIDING AN EFFECTIVE DATE, A SEVERABILITY CLAUSE, AND CONTAINING OTHER PRO- VISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilman Gray, Councilman Farley, Councilman Reid, and Councilman Wilson. Voting "No" - None. Motion passed 4 to 0. Councilman Frauenberger absent from the room at this time. APPOINTMENTS: No appointments made at this meeting. ORDINANCE NO. 58B-2, AN ORDINANCE AMENDING THE SUBDIVISION ORDINANCE OF THE CITY: Ordinance No. 58B-2 read in full by Councilman Reid. (First Reading) It was moved by Councilman Reid, seconded by Councilman Wilson that Ordinance PWR No. 58B-2 be passed and approved on first reading. Said Ordinance reads in caption as follows: ORDINANCE NO. 58B-2 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 27, SECTION 27.5 (7) (a) 1. AND SECTION 27.5 (8) (a) OF THE CODE OF ORDINANCE OF THE CITY OF PEARLAND, TEXAS; PROVIDING AN EFFECTIVE DATE, A SEVERABILITY CLAUSE, AND CONTAINING OTHER PROVISIONS RELATING TO THE.SUBJECT. Voting "Aye" - Councilman Wilson, Councilman Reid, Councilman Farley, and Councilman Gray. Voting "No" - None. Motion passed 4 to 0. Councilman Frauenberger absent from the room at this time. RESOLUTION NO. R77-18, A RESOLUTION GIVING NOTICE OF A PUBLIC HEARING CONCERNING PROPOSED ANNEXATION OF 33.46 ACRES LOCATED IN HARRIS COUNTY ABSTRACT 23 AND ARRTRArT qS- Resolution No. R77-18 read by Councilman Gray. It was moved by Councilman Gray, seconded by Councilman Farley that Resolution No. R77-18 be passed, approved and adopted. Said Resolution No. R77-18 reads in caption as follows: RESOLUTION NO. R77-18 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, PROVIDING FOR THE GIVING OF NOTICE OF A PUBLIC HEARING TO BE HELD CONCERNING THE PROPOSED ANNEXATION OF CERTAIN TERRITORY NOW LYING WITHIN THE EXTRA -TERRITORIAL JURISDICTION OF. THE CITY OF PEARLAND, TEXAS. Voting "Aye" - Councilman Frauenberger, Councilman Farley, Councilman Gray, Councilman Reid and Councilman Wilson. Voting "No" - None Motion passed 5 to 0. City Manager Wolff explained that this annexation was for the purpose of extending Dixie Farm Road into Harris County and continuing on to Choate Road and the Gulf Freeway. This land is within the extraterritorial jurisdiction of the City of Pearland and covered by agreement with the City of Houston. RESOLUTION NO. R77-19, A RESOLUTION REGARDING THE CLEAR CREEK FLOOD CONTROL PROJECT: Resolution No. R77-19 read in full by Councilman Frauenberger. It was moved by Councilman Frauenberger, seconded by Councilman Farley that Resolution No. R77-19 be passed, approved and adopted. Said Resolution No. R77-19 reads in caption as follows: RESOLUTION NO. R77-19 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ENDORSING A 25 YEAR FLOOD PLAN AS AN ACCEPTABLE ALTERNATIVE TO THE 100 YEAR FLOOD PLAN FOR THE ENLARGEMENT AND RECTIFICATION OF CLEAR CREEK. Voting "Aye" - Councilman Wilson, Councilman Reid, Councilman Farley, Councilman Gray, and Councilman Frauenberger. Voting "No" - None. Motion passed 5 to 0. Mayor McComb to take a copy of this Resolution to the public hearing to be held on May 25, 1977. RESOLUTION NO. R77-20, A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE INTER- GOVERNMENTAL CONTRACT WITH HGAC FOR HIGH SPEED LANDLINE TELETYPE EQUIPMENT Chief of Police Glen Stanford was present and advised that,he felt that it would be better for the Department if, in addition to the equipment previously approved in the amount of $3,984.30, the following equipment listed as options be obtained: Table $125.00; ICC Form Holder $75.00; ICC Copy Winder $295.00. Resolution No. R77-20 read in full by Councilman Wilson. It was moved by Councilman Wilson, seconded by Councilman Gray that Resolution No. R77-20 be passed, approved and adopted. Said Resolution No. R77-20 reads in caption as follows: RESOLUTION NO. R77-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF PEARLAND AND THE HOUSTON-GALVESTON AREA COUNCIL. Voting "Aye" - Councilman Wilson, Councilman Reid, Councilman Farley, Councilman Gray, and Councilman Frauenberger. Voting "No" - None. Motion passed 5 to 0. MEETING RECESSED AT 8:30 P.M. - RECONVENED AT 8:50 P.M. PHILLIPS PIPELINE COMPANY - DIXIE FARM ROAD: M PHILLIPS PIPELINE COMPANY - DIXIE FARM ROAD: City Manager Wolff explained that when the site for the proposed road was selected, it was found that 4 existing pipelines would have to be cased before the road could be built. This was discussed with Phillips and an approximate amount of $32,000 would be needed to case these lines. The City Council authorized the obtaining of bids by Phillips for this work. Funds for this work have been authorized in the Certificates of Obligation. It was moved by Councilman Farley, seconded by Councilman Frauenberger that we accept the low bid for the casing of the pipelines crossing the proposed extension of Dixie Farm Road and that a Purchase Order be executed in the sum of $12,397.00, and a copy of the minute order be forwarded to Phillips along with the Purchase Order. Motion passed 5 to 0. NEW BUSINESS: AWARDED OF BID NO. B77-6, CONSTRUCTION OF FENCE: The City Manager advised the City Council that Ron Wicker, Director of Planning and Transportation recommended that Bid No. B77-6 be awarded to the Gehring Construction Company in the amount of $5,250.00. It was moved by Councilman Reid, seconded by Councilman Wilson that the bid for installation of a fence at the landfill site, Bid No. B77-6, be awarded to the Gehring Construction Company in the amount of $5,250.00. Motion passed 5 to 0. OIL, GAS, AND MINERAL LEASE TO DRILL: The proposed oil and gas lease by Josey Oil Company was brought before the City Council for consideration. This lease would cover a 20 acre tract of land at the Landfill site on which the City holds the mineral rights. The City Attorney had reviewed the proposed contract and recommended that the Josey Oil Company furnish the City with a Waiver of Surface Rights. It was moved by Councilman Farley, seconded by Councilman Gray that the.Mayor be authorized to sign the Josey Oil Company lease for Tract 60 and 76 of the E. Little Survey, contingent upon receipt of Waiver of Surface Rights. Motion passed 5 to 0. RESOLUTION NO. R77-21, A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE APPLICATION FOR FUNDING U.S. TITLE VI OF COMPREHENSIVE EMPLOYMENT & TRAINING ACT: Resolution No. R77-21 was read in full by Councilman Reid. It was moved by Councilman Reid, seconded by Councilman Wilson that Resolution No. R77-21 be passed and approved and adopted. Said Resolution No. R77-21 reads in caption as follows: RESOLUTION NO. R77-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR OF SAID CITY, TO EXECUTE THE NECESSARY APPLICATION INSTRUMENTS TO APPLY TO THE GULF COAST MANPOWER CONSORTIUM UNDER TITLE VI OF THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT (CETA). Voting "Aye" - Councilman Wilson, Councilman Reid, Councilman Farley, Councilman Gray and Councilman Frauenberger. Voting "No" - None. Motion passed 5 to 0. 62 ORDINANCE NO. 246-30, AN ORDINANCE AMENDING LAND USE $ URBAN DEVELOPMENT ORDINANCE - RONALD HAUSMAN - APPLICATION NO. 37: Ordinance No. 246-30 was read in full by Councilman Gray. (First Reading) It was moved by Councilman Gray, seconded by Councilman Frauenberger that Ordinance No. 246-30 be passed and approved on first reading. Said Ordinance No. 246-30 reads in caption as follows: ORDINANCE NO. 246-30 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 Farley, Councilman Gray, Councilman Reid, Councilman Frauenberger, and Councilman Wilson. Voting "No" - None. Motion passed 5 to 0. JOINT TAX RE -VALUATION SURVEY - CITY AND SCHOOL DISTRICT: Mayor McComb reported that he had discussed joint revaluation with some members of the School Board and they indicated some interest in such a program. Mayor Mc Comb advised that it will be necessary for a revaluation of the property on the city's tax rolls next year, and according to the figures furnished by Southwestern Appraisals the cost would be $9.00 for each piece of property. We will have approximately 6,000 pieces of property with a cost to the city of $54,000.00. If the School joins with us, the cost will be $10.50 for each piece of property. This $1.50 will cover the extra paper work. The cost to the City under this type of arrangement would be $31,500.00, a savings of $22,500.00 and the school would save the same amount. It was moved by Councilman Reid, seconded by Councilman Gray that the City Council concur in the proposed Joint Tax Revaluation Survey, to be joined by the City and the School District as outlined in the proposal by the Southwestern Appraisal Company. Motion passed 5 to 0. APPLICATION NO. 40, FRANK BARRINGER: Mayor McComb read a letter dated May 19, 1977 from the Planning and Zoning Commission advising that they recommended the requested change from PU to GB as requested by Mr. Barringer. It was moved by Councilman Reid, seconded by Councilman Frauenberger that the report of the Planning and Zoning Commission dated May 19, 1977 on Application No. 40 be received into the records of the City and that a Hearing be called before the City Council on this request for change on June 13, 1977 at 7:30 P.M. under Docketed Public Hearings of the regular agenda. Motion passed 5 to 0. PHILLIPS PETROLEUM COMPANY: It was moved by Councilman Farley, seconded by Councilman Frauenberger that the previous motion passed on this item be amended as follows: that we accept the low bid as presented by Phillips Petroleum Company and that it be awarded and Purchase Order be prepared and forwarded to Phillips along with certified copy of this motion. Said Purchase Order not to exceed amount allocated for this project of $30,000.00. Motion passed 5 to 0. EXECUTIVE SESSION ON LEGAL AND PERSONNEL TO BE ON THE NEXT REGULAR AGENDA. ENTEX EVALUATION: A discussion was held redarding whether or not the City wanted to join other cities in a rate evaluation study of Entex, Inc. using the services of Leonard, Koehn, Rose & Webb and Touche Ross & Company. It was moved by Councilman Gray, seconded by Councilman Farley that this issue be tabled until such time as the City Attorney and/or City Manager can get further information from Touch Ross & Company or until such time as Entex, Inc. files for a rate increase. Motion passed 4 to 0. Councilman Frauenberger absent from the meeting at 9:25 P.M. OTHER BUSINESS: It was moved by Councilman Reid, seconded by Councilman Wilson that the absence of Mayor McComb and Councilman Farley from the regular meeting of May 9, 1977 be shown as excused absence. Motion passed 4 to 0. ADJOURN: The meeting was adjourned at 9: 45 P.M. Minutes approved as submitted and/or corrected this ,L� day of A. D., 1977. Mayor ATTEST: i City Secretary