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1977-07-11 CITY COUNCIL REGULAR MEETING MINUTESw MINUTES OF A REGULAR COUNCIL MEETING OF THE CITY COUNCIL OF.THE CITY OF PEARLAND, TEXAS, HELD ON JULY 11, 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 Asst. City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: Carlton McComb Harry Farley Dennis Frauenberger Terry Gray Tom Reid Morris Wilson William E. Wolff Bobby J. Williams Dorothy:.S. Thompson The Invocation was given by Councilman Reid. The Pledge of Allegiance was led by Councilman Gray. BID OPENING - BID NO. B77-9, WATERWORK'S SUPPLIES: VENDOR AMOUNT Municipal Pipe & Fabricating Co. $22,064.17 Utility Supply Co. 17,941.00 It was moved by Councilman Farley, seconded by Councilman Reid that Bid No. B77-9 be approved into the records and submitted to the City Manager 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 June 20, 1977 be approved as submitted. Motion passed 4 to 0. Councilman Reid abstained. It was moved by Councilman Frauenberger, seconded by Councilman Wilson that the Minutes of the special meeting held on June 22, 1977 be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: None COUNCIL ACTIVITY REPORTS: Councilman Farley and Councilman Wilson met with a representative of the City of Friendswood regarding the extension of the Annalea Whitehall Subdivision Section C which is in the City limits of Pearland. (Councilman Farley to make presentation dater in minutes under Annalea Whitehall Subdivision Section C.) Councilman Wilson submitted a report on procedures for City cars. This item to be placed on the next regular council meeting agenda. M DEPARTMENTAL REPORTS: City Manager, William E. Wolff, reported on Carl Erwin's physical examination given by Dr. Rau and recommended an additional six month extension on his employment with the City of Pearland. It was moved by Councilman Reid, seconded by Councilman Gray that the employment of Carl Erwin be extended for an additional six months in accordance with Personnel Ordinance No. 266, based on the recommendation of the City Manager and the certification of the Doctor's evaluation. Motion passed 5 to 0. City Attorney, Bobby Williams, reported that the Nelson easement on Mykawa Road has been prepared and should be concluded this week. Also the preparation of the street assessment law suits to be filed within the next two weeks have.been mailed. The City Attorney explained to the new Councilmen that these are delinquent street assessments that citizens fail to pay. Letters have been sent out to notify these citizens, and the City is in the process of filing these lawsuits. CITIZENS: Mr. Jim Gibson, representative from Southwestern Bell Telephone Company, presented a check for $150.00 to Mrs. Betty Alexander, Chairperson for the Library Board. Mrs. Alexander thanked Mr. Gibson on behalf of the Library Board and the citizens of the City of Pearland. DOCKETED PUBLIC HEARING: 1. REQUEST FOR CHANGE IN LAND USE - APPLICATION NO. 41, ROY C. POWERS. Mayor McComb stated that the Notice to the Public of the Public Hearing was not correct, so another Public Hearing date must be called, and the Notice to the Public be republished. UNFINISHED BUSINESS: ORDINANCE NO. 246-31, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE - RONALD PARKER, APPLICATION NO. 39. Ordinance No. 246-31 was read in full by Councilman Frauenberger. (Second Reading) It was moved by Councilman Frauenberger, seconded by Councilman Wilson that Ordinance No. 246-31 be passed and approved on second and final reading. Said Ordinance No. 246-31 reads in caption as follows: ORDINANCE NO. 246-31 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 PROVISIONS 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. 246-32, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE - FRANK BARRINGER, APPLICATION NO. 40. Ordinance No. 246-32 was read in full by Councilman Gray. (Second Reading) It was moved by Councilman Gray, seconded by Councilman Farley that Ordinance No. 246-32 be passed and approved on second and final reading. Said Ordinance No. 246-32 reads in caption as follows: ORDINANCE NO. 246-32 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 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. DISCUSSION ON BID NO. B77-7, CONTRACTURAL OPERATION OF SANITARY LANDFILL: City Manager Wolff reported that the City received only one bid for operation of the Sanitary Landfill. This bid was submitted by Chennault, Inc. Mr. Wolff explained that when compared to the cost of purchasing equipment on our own, and taking into consideration that we do not have our own operations the City would not come out as well to do this job ourselves as it would by contract. Mr. Williams, Mr. Wicker, and Mr. Wolff have talked with Mr. Chennault, and he has assured them of his ability not only to operate, but also to have equipment on call in case some of his equipment fails. The original proposition submitted by Mr. Chennault to the City was for .a five year period; however, Mr. Wolff recommended a one year contract and requested Council concurrence. City Attorney Williams will have the contract complete by Friday, July 15, 1977. Mayor McComb will call a special meeting to handle this_ matter immediately. RESOLUTION NO. R77-12, A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE SALE, TO THE GENERAL PUBLIC, OF CERTAIN REAL PROPERTY OWNED BY THE CITY. Resolution No. R77-12 was read in full by Councilman Farley. It was moved by Councilman Farley, seconded by Councilman Reid that Resolution No. R77-12 be passed and adopted on first and only reading. Said Resolution No. R77-12 reads in caption as follows: RESOLUTION NO. R77-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, P—„, TEXAS, AUTHORIZING THE SALE TO THE GENERAL -PUBLIC OF CERTAIN PUBLIC REAL PROPERTY; DIRECTING PUBLICATION OF NOTICE OF INTENDED SALE; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilman Reid, Councilman Farley, Councilman Frauenberger. Voting "No" - Councilman Wilson, Councilman Gray. Motion passed 3 to 2. The Mayor and Council discussed possible uses for this land, and the Park Board's suggestion from their Minutes of May 7, 1977 for the land to be used as a Park. 80 ANNALEA WHITEHALL SUBDIVISION SECTION C: Councilman Farley reported that Mr. Wilson and he met with a representative from the City of Friendswood regarding Mr. Buck Hausman's extension of the Annalea Whitehall Subdivision into our City Limits. This proposed addition as currently platted includes 29 lots. These lots would be served by Friendswood water and sewer systems, and the streets would not be Pearland streets, but actually cul-de-sacs of extensions of Friendswood's streets. There is question whether or not these lots would get mail from Friendswood. Pearland would provide police, fire, ambulance, and garbage services. Councilman Farley recommended that the City Attorney be directed to draw up the necessary legal proceedings in cooperation with Friendswood to disannex this small portion from the City of Pearland with the contingency that if this plat not be accepted by the City of Pearland, Friendswood's Planning Commission will accept it. The Friendswood Planning Commission has not seen this plat, but Mr. Hausman has talked to the Friendswood Planning Commission Chairman. Mayor McComb suggested we wait until the Friendswood Council and Planning Commission accepts this subdivision before we proceed with the disannexation. Councilman Gray asked about the possibility of Friendswood disannexing their portion and Pearland annexing it. The Mayor stated that Pearland would not want their portion because of the concrete water pipes and various other problems of that subdivision. It was a platted subdivision before Friendswood annexed it. MEETING RECESSED AT 8:30 P.M. - RECONVENED AT 8:45 P.M. It was moved by Councilman Farley, seconded by Councilman Reid that we show willingness to disannex property known as Annalea Whitehall Subdivision Section C consisting of 8.13 acres in the James E. Perry and Emily Austin League Abstract upon acceptance of the plat and annexation by the City of Friendswood. Motion passed 3 to 2. Councilman Gray and Councilman Wilson against. The City Council discussed the property and the 17 some odd acres that Buck Hausman also owns beside it concerning other uses for the property instead of making an addition to this subdivision in Friendswood. INVOICE SUBMITTED BY DAVID WEBB FOR SERVICES RENDERED, RE: ENTER, INC. RATE CHANGE: The City Council discussed this item, and the Mayor advised that the matter would be further discussed under Executive Session of this Agenda. NEW BUSINESS: REPORT FROM THE PLANNING AND ZONING COMMISSION AND CALL OF PUBLIC HEARING BEFORE THE CITY COUNCIL ON APPLICATION NO. 42, TOM ALEXANDER: A report dated July 7, 1977 from the Planning and Zoning Commission favoring the land use change was submitted to the City Council. It was moved by Councilman Gray, seconded by Councilman Farley that a public hearing be held on August 8, 1977 at 7:30 P.M. before the City Council on Application No. 42, Tom Alexander. Motion passed 5 to 0. M APPOINTMENT OF AUDITOR FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1977: It was moved by Councilman Farley, seconded by Councilman Gray that Lairson, Young, and Fitch be appointed as Auditors for the fiscal year ending September 30, 1977, and the Mayor be authorized to sign a contract that does not exceed a charge of $3,600.00 for this service, plus cash expenses of $250.00. Motion passed 5 to 0. RATIFICATION OF BILLY RIVES AS A MEMBER OF THE POLICE AUXILIARY FORCE: City Manager Wolff stated that the Chief of Police requests Council confirmation of Mr. Rives as a member of the auxiliary. He has served as a regular policeman and has now left the force and still wishes to offer his assistance to the City force in that capacity. It was moved by Councilman Gray, seconded by Councilman Wilson that Billy Rives be appointed as a member of the Pearland Police Auxiliary Force. Motion passed 5 to 0. AWARD OF BID NO. B77-9:' City Manager recommended that the bid be awarded to the low bidder which is Utility Supply Company in the amount of $17,941.00 to be paid out of Revenue Sharing FundE It was moved by Councilman Wilson, seconded by Councilman Reid that the Council accept Utility Supply Company's bid of $17,941.00 for waterwork's supplies. Motion passed 5 to 0. EXECUTIVE SESSION - TEXAS OPEN MEETINGS LAW, SECTION II, SUBSECTION (e): 9:10 P.M. RECONVENED TO OPEN SESSION FOR ANY ACTION AS A RESULT OF EXECUTIVE SESSION: 9:30 P.M. No Action. ADJOURN: Meeting adjourned at 9:35 P.M. Minutes approved as submitted and/or corrected this , day of r A. D., 1977. �f G - Mayor ATTEST: City Secretary