1977-06-13 CITY COUNCIL REGULAR MEETING MINUTES6�
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
HELD ON JUNE 13, 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
r"` 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 Tom Reid. The Pledge of Allegiance was
led by Councilman Farley.
BID OPENINGS.- BID NO. B77-7, CONTRACTURAL OPERATION OF A CLASS I TYPE LANDFILL:
Chennault Materials, Inc. - Pearland, Texas
Will furnish equipment, manpower, fuel and repairs to
perform these duties.
Pam
Equipment will include one (1)
Allis Chalmers HD 12G
front-end load and three
(3) yard bucket,
approximate weight 58,000 lbs. Upon
acceptance of this
proposal, Chennault Materials,
Inc. agrees to enter into
a legal contract for
a period of five
years.
Cost to the City
of Pearland will be as'follows:
First year
$3,720.00
per month
$44,640.00 per year
Second year
3,920.00
per month
47,040.00 per year
Third year
4,120.00
per month
49,440.00 per year
Fourth year
4,320.00
per month
51,840.00 per year
Fifth year
4,520.00
per month
54,240.00 per year
It was moved by Councilman Reid, seconded by Councilman Farley that this bid be
received into the records of the City and referred to the City Manager for his
recommendation. Motion passed 5 to 0.
BID NO. B77-8, EXCAVATION OF LANDFILL:
Gehring Construction Company 25,000 cu. yds. @ 74¢ per cu. yd. $18,500.00
Pearland, Texas
Ike Hall, Inc. 25,000 cu. yds. 1.15 per cu. yd. 28,750.00
Friendswood, Texas
It was moved by Councilman Farley, seconded by Councilman Wilson that the bids be
accepted into the records of the City and referred to the City Manager for
recommendation. Motion passed 5 to -0.
APPROVAL OF MINUTES:
It was moved by Councilman Gray, seconded by Councilman Frauenberger that the
minutes of the Public Hearing held on April 18, 1977 be approved as submitted.
Motion passed 5 to 0.
It was moved by Councilman Farley, seconded by Councilman Wilson that the minutes
of the regular meeting held on May 23, 1977 be approved as submitted. Motion
passed 5 to 0.
MAYOR'S ACTIVITY REPORT:
The Mayor made the following announcements:
1. On June 22, 1977 a Propoased Use Hearing will be held on the Revenue
Sharing Entitlement Period 9. The amount is $102,702.00.
2. The next regular council meeting will be held next Monday, June 20,
1977 instead of June 27, 1977. This was changed due to the fact that
a quorum would not be present on this date due to vacations.
COUNCIL ACTIVITY REPORTS:
Councilman Farley reported on a workshop meeting held on June 9, 1977. The City
Engineer reports that he has submitted our plans to Austin for the development of
roads inside the park and some preparitory staking has taken place; however, no
actual construction can begin until we have approval from the State. This
approval should be forthcoming any day. At this meeting we also set some
priorities on the park and the City Manager asked that this project move forward
in phases so that we might collect our matching funds without having to borrow
money for interim financing. We also discussed the utilization of funds for the
offsite facilities and the Council has asked that the City Manager move forward
with the utilities that are not a part of the park but will connect the park to
our utility system.
MAYOR'S ACTIVITY REPORT: (CONTINUED)
We were informed by our Attorney, Mr. Dipple, that the City of Pearland had been
successful in the suit with Manvel over the Landfill. The City of Manvel has the
right of appeal in this suit.
DEPARTMENTAL REPORTS:
The City Manager advised that bids are in the process for utilities to the new
City park.
CITIZENS: None.
DOCKETED PUBLIC HEARINGS:
1. REQUEST FOR CHANGE IN LAND USE - APPLICATION NO. 39, RONALD PARKER -
MF TO NS - LOTS 14 AND 15, BLOCK 2, REGENCY PARK.
The Planning and Zoning Commission in a reported dated May 3, 1977
recommended that this requested change be granted.
PERSONS WISHING TO SPEAK FOR THE REQUESTED CHANGE: - Ronald Parker, owner.
PERSONS WISHING TO SPEAK AGAINST THE REQUESTED CHANGE: 0. R. Stewart, 2404 Shelia
Dr., Pearland, Texas and W. B. Bradley, 2407 Shelia Dr., Pearland, Texas.
Both individuals inquired as to the type of businesses planned for the area
being rezoned.
QUESTION AND ANSWER PERIOD: Mr. Parker advised that his lots were the only two
left in the area zoned MF and that he felt that the City had enough apartments and
duplexes so he preferred to utilize his property for classifications approved under
the Neighborhood Service classification of the Zoning Ordinance.
ADJOURN: All persons present were given an opportunity to be heard and the
heating was then adjourned.
P"` 2. REQUEST FOR CHANGE IN LAND USE - APPLICATION NO. 40, FRANK BARRINGER -
PU TO GB - 2.13675 ACRES IN ABSTRACT 237.
The Planning and Zoning Commission in a report dated May 19, 1977
recommended that this request be granted.
PERSONS WISHING TO SPEAK FOR THE REQUESTED CHANGE: None
PERSONS WISHING TO SPEAK AGAINST THE REQUESTED CHANGE: None
QUESTION AND ANSWER PERIOD: None
ADJOURN: All persons present were given an opportunity to be heard and the
hearing was then adjourned.
3. ANNEXATION HEARING - 33.46 acres of land out of Tract 61, and a portion of
Tract 63 of the George W. Jenkins Subdivision, Abstract 23, and a portion
of Tract 58 of the Hoidale-Coffman Subdivision, Perry 4 Austin League,
Abstract 55, Harris County, Texas.
PERSONS WISHING TO SPEAK FOR THE ANNEXATION: None
PERSONS WISHING TO SPEAK AGAINST THE ANNEXATION: None
QUESTION AND ANSWER PERIOD: None
PMK ADJOURN: All persons present were given an opportunity to be heard and the
hearing was then adjourned.
UNFINISHED BUSINESS:
ORDINANCE NO. 246-30, RONALD HAUSMAN, APPLICATION NO. 37:
Ordinance No. 246-30 was read in full by Councilman Frauenberger. (Second Reading)
It was moved by Councilman Frauenberger, seconded by Councilman Farley that
Ordinance No. 246-30 be passed and approved on second and final 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 Frauenberger, Councilman Gray, Councilman Farley,
�^ Councilman Reid, and Councilman Wilson.
Voting "No" - None Motion passed 5 to 0.
ORDINANCE NO. 58B-2, AMENDMENT TO SUBDIVISION ORDINANCE:
Ordinance No. 58B-2 was read in full by Councilman Gray. (Second Reading)
It was moved by Councilman Gray, seconded by Councilman Wilson that Ordinance No.
as corrected
58B-2 be passed and approved /on second and final reading. Said Ordinance No.
58B-2 reads in caption as follows:
M
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, Councilman
Gray, and Councilman Frauenberger.
Voting "No" - None Motion passed 5 to 0.
TEXAS DEPARTMENT OF HEALTH RESOURCES APPLICATION NO. 1065, JACK SHELTON:
landfill
Several people from the area in the County where the proposed/is to be located
spoke expressing their objections to the site. They were advised by Mayor
McComb that they should present their evidence and opinions at a Public Hearing
to be held by the Texas Department of Health Resources on June 29, 1977.
NEW BUSINESS:
SPECIFIC USE PERMIT - JOE PRICE:
Mayor McComb read a letter from the Planning & Zoning Commission dated June 9,
1977 recommending that the Specific Use Permit be granted to Mr. Joe Price for
operation of a Registered Family Home at 3522 Robinson Drive. This recommendation
was made with the following standard stipulations:
"June 9, 1977
HONORABLE MAYOR AND CITY COUNCIL
City Hall
Pearland, Texas 77581
Gentlemen:
On the evening of June 7, 1977 the Planning and Zoning Commission considered
the request of Mr. Joe Price for a Specific Use Permit for the operation of a
Registered Family Home at 3522 Robertson Drive. At this time the following
motion was made:
"A motion was made by Dan Shaw to grant Mr. Joe Price a
Specific Use Permit to operate a Registered Family Home
with the following standards to operate:
1. To operate solely as a Registered Family Home.
2. Be operated under definition of Home occupation
in our Land Use and Urban Development Ordinance.
3. Not expand operation beyond scope of Registered
Family Home.
4. That no sign of any size be allowed advertising
this service.
Motion seconded by Bill Frascino and passed with a vote of 6-0."
The Planning and Zoning Commission now presents this recommendation to the
City Council of the City of Pearland for their approval.
Yours truly,
s/Richard Tetens
Richard Tetens
Chairman
RT:ehm"
It was moved by Councilman Farley, seconded by Councilman Frauenberger that
upon the recommendation of the City Attorney that the City approve a Specific
Use Permit be granted on Application 77-1, Joe Price, 3522 Robinson Drive, for
use as a Registered Family Home with the following standards:
1. To operate solely as a Registered Family Home.
2. Be operated under definition of Home occupation in our Land
Use and Urban Development Ordinance.
r"' 3. Not expand operation beyond scope of Registered Family Home.
4. That no sign of any size be allowed advertising this service.
Motion passed 5 to 0.
City Attorney Bobby Williams asked permission to go forward with amendments to
the Land Use and Urban Development Ordinance to present to the City Council.
Mayor McComb assigned Councilman Frauenberger and Councilman Gray to work with
City Attorney Williams on the proposed amendments.
CHARTER REVIEW COMMISSION REPORT:
Mayor McComb read into the records the report dated May 26, 1977 from the
Charter Review Commission for 1977 as follows:
"May 26, 1977
Mayor & City Council -City of Pearland
Pearland, Texas 77581
Re: Recommendations of the 1977
r. Charter Review Commission,
City of Pearland
Gentlemen:
The following revisions to our city charter are being offered for your review
and consideration:
1) SECTION 3.10 Reading of Ordinances in Caption Form - The reading
aloud of the title and caption of the ordinance shall suffice as a reading,
provided printed copies of the ordinance, in the form required for adoption,
are in front of all members of Council and a reasonable number of additional
copies are available to citizens present at the meeting. If two Councilmen
request that the ordinance be read in its entirety, it must be so read.
2) SECTION 4.11 Change the reading so that the department is appointed
by the City Council rather than the City Manager.
3) SECTION 4.12 Change the wording so that the Department of Parks and
Recreation Advisory Board shall by appointed by the City Council rather than
the City Manager.
4) SECTION 6.13 Change the wording so that initiative applies to
charter amendments as well as ordinances and resolutions.
5) SECTION 7.03 Change the phrase City Ordinance #58 to the Code of
Ordinances.
Please feel free to call upon the members of this commission for any clarification.
Very truly yours,
s/Ronald Goedecke
Ronald C. Goedecke - Chairman
Charter Review Commission, 1977
RGC/srl"
ANA
It was moved by Councilman Reid, seconded by Councilman Wilson that this report
be received into the records of the City and that the City Secretary be authorized
to publish a copy of same in the official newspaper of the City. Motion passed 5 to 0.
f
Mayor McComb advised that this item would be placed back on the agenda in about
six weeks so the City Council could discuss the various recommendations and
authorize the amendments that will be placed on the ballot next year.
FINAL APPROVAL - LINWOOD SECTION III:
It was moved by Councilman Farley, seconded by Councilman Reid that Linwood
Section III be approved and building permits be released. Motion passed 5 to 0.
MEETING RECESSED 8:45 P.M. - RECONVENED 8:55 P.M.
PRELIMINARY PLAT ANNALEA WHITEHALL, SECTION C:
Mayor McComb read a letter from the Planning & Zoning Commission dated June 9,
1977, advising that the CommL�sion approved the Preliminary Plat of Annalea
Whitehall, Section C. A discussion was held by the City Council regarding the
only ingress and egress to this subdivision being through Friendswood. Mr.
Hausman, the developer, advised the City Council that he had no way of providing
such ingress and egress in the City of Pearland by way of Highway 518. City
Manager Wolff advised that this would require some definite discussion with the
City of Friendswood. Councilman Farley and Councilman Wilson to serve with Ron
Wicker as a committee to meet and discuss with the City of Friendswood various
problems of service to this subdivision and the possibility of disannexation of
the property so it could be annexed by Friendswood , or asking Friendswood to
disannex a portion of property within its city limits so a road could be built
from Highway 518 to allow ingress and egress within the City of Pearland.
It was moved by Councilman Wilson, seconded by Councilman Gray to table action
on this preliminary plat until we hear from the Committee. Motion passed '-
4 to 0. Councilman Reid not present at this time.
ORANGE COUNTRY DUPLEXES, SECTION II:
Mayor McComb read a report from the Planning & Zoning Commission dated June 9,
1977 advising that the Commission recommended that this Final Plat of Orange
Country Duplexes Section II be approved with the conditions that a minimum of
four street lights be included in the plat.
It was moved by Councilman Farley, seconded by Councilman Frauenberger that the
City accept the Final Plat of Orange Country Duplexes, Section II. Motion
passed 4 to 0. Councilman Reid absent from the room at this time.
APPLICATION NO. 41, ROY C. POWERS:
Mayor McComb read a report from the Planning & Zoning Commission dated June 9,
1977 advising that the Commission recommended that this Application be denied.
It was moved by Councilman Wilson, seconded by Councilman Gray that a Public
Hearing before the City Council be called under Docketed Public Hearings of
the regular agenda on July 11, 1977 at 7:30 P.M. on Application No. 41,
Roy C. Powers. Motion passed 5 to 0.
THE JOHNSON CORPORATION - LETTER DATED MAY 26, 1977 REGARDING EXTENSION OF WATER
LINE AND SURFACING OF BARRY ROSE ROAD:
A discussion was held regarding the proposal submitted by the Johnson Corporation
as to whether or not it was the intention of this Developer to surface the Barry
Rose Road from Highway 518 to the end of Heritage Green Subdivision or whether
they would pay only for the surfacing of the part of this road abutting their
subdivision.
Director of Planning $ Transportation, Ron Wicker, was asked to contact the
Developers for a clarification and report back to the City Council.
ORDINANCE NO. 357, AN ORDINANCE ADOPTING A REVENUE SHARING BUDGET FOR ENTITLEMENT
Pool PERIOD EIGHT:
Ordinance No. 357 was read in full by Councilman Wilson. (First Reading)
It was moved by Councilman Wilson, seconded by Councilman Farley that Ordinance
No. 357 be passed and approved on first reading. Said Ordinance No. 357 reads
in caption as follows:
ORDINANCE NO. 357
AN APPROPRIATION ORDINANCE ADOPTING A REVENUE SHARING
BUDGET FOR THE ENTITLEMENT PERIOD EIGHT BEGINNING ON
JANUARY 1, 1977 AND ENDING ON SEPTEMBER 30, 1977.
Voting "Aye" - Councilman Farley., Councilman Gray, Councilman Reid, Councilman
Wilson and Councilman Frauenberger.
Voting "No" -.None Motion passed 5 to 0.
AWARD OF BIDS B77-7 AND B77-8:
City Manager Wolff suggested the awarding of the low bid to the Gehring
Construction Company on the excavation for the sanitary landfill and suggested
rON% that Bid B77-7 be passed since the bid stated that it would have to be reduced
to contractural form and will require further discussion between the bidder,
the City and the City Attorney.
It was moved by Councilman Gray, seconded by Councilman Frauenberger that we
accept the recommendation of the City Manager for the low bid on B77-8 as
submitted by the Gehring Construction Company for 74� per cubic yard. Motion
passed 5 to 0.
OTHER BUSINESS:
EXECUTIVE SESSION - TEXAS OPEN MEETING LAW - SECTION 2, PARAGRAPH (e) AND (g)
LEGAL AND PERSONNEL. 9:35 P.M.
RECONVENED TO OPEN SESSION FOR ANY ACTION AS A RESULT OF EXECUTIVE SESSION AT
11:17 P.M. NO ACTION.
ADJOURN:
Meeting adjourned at 11:18 P.M.
Minutes approved as submitted and/or corrected this �e _ day of 2L
�
A. D., 1977.
ATTEST: Mayor
ty Secret