1977-08-22 CITY COUNCIL REGULAR MEETING MINUTES93
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS
HELD ON AUGUST 22, 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 S. 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 Wilson.
BID OPENING - BID NO. B77-11. CRUSHED LIMESTONE:
Bid opened as follows:
VENDOR ITEM NET PRICE DELIVERY
Parker Borthers & Company, Inc. THD 242 Limestone $7.65 per ton 3 miles E of
Base Grade 1 Pearland
(Park Site)
Quotation subject to acceptance within 30 days from date of quotation.
It was moved by Councilman Wilson, seconded by Councilman Reid that the bid be
received into the records of the City and referred to City Manager Wolff and
Planning & Transportation Director Wicker for recommendation. Motion passed
5 to 0.
APPROVAL OF MINUTES:
It was moved by Councilman Reid, seconded by Councilman Gray that the minutes of
the regular meeting held on August 8, 1977 be approved as submitted. Motion
passed 5 to 0.
MAYOR'S ACTIVITY REPORT:
Mayor McComb reported that the Texas Water Quality Board has approved the request
by the City of Pearland to increase the size of two of the sewer plants without
adding the third stage tieturary treatment of effluent; however,the City will
�...� have to finance the projects without any government assistance.
Councilman Gray requested a workshop be called to discuss financing of the
projects. Mayor McComb advised that he would call a workshop meeting within the
next few days.
COUNCIL ACTIVITY REPORTS:
Councilman Farley reported that he met with the Twin Creek and Clear Creek Civic
Club." He advised that he discussed the water problems with the citizens of this
area. Councilman Farley advised that the problem is caused by this system being
94
at a dead-end. Another factor is that the new well is located in the proximity
of this area and when the well is operating they get very high water pressure,
and when it is not running and the lines are being serviced from the downtown area
the water pressure is lower. Also, when the area is being serviced by the well
near them it also pumps water south to this area and when this well is turned off,
all of the two miles of water that was traveling south turns around and travels
north so when it hits the dead-end system it creates a water hammer which could
cause some leaks in the line. The Water Department is working to correct and
improve the water problems in this area; however,the solution to the entire
problem will only come when sufficient development in the area warrants the
looping of the system thus eliminating this dead-end water system.
CITIZENS:
Mr. Melvin Knapp reported for Actions, the Adult Service Committee of the
Community Planning Council of Brazoria County. Members are officially appointed
to this county wide aging advisory committee by the Commissioner's Court.
Mayor McComb submitted Mr. Knapp's name to represent Pearland on this Committee.
Mr. Knapp reported that the organization was some two years old and has applied
for a Charter of Incorporation. The purpose of this organization is to help
provide various activities for the elderly of the community. Mr. Knapp asked
the City Council to oversee the program of Actions. Councilman Reid reported
that he has checked with the Houston -Galveston Area Council on funding for
projects for the aged citizens. This program is funded in part now by the
United Fund; however, some funds are available through HUD and some Title 5 and
Title 7 funds. The HGAC recommended that any City desiring to support Actions
from a local standpoint should prepare a proposal of what they feel would be a
need in the community, indicate their funding and then pursue it through the
HGAC Project Committee. Councilman Reid advised that he felt that if Mr. Knapp
generated enough interest locally, then the City could give him some support on
where funds are located. Mayor McComb appointed Councilman Reid to serve as
the City Council's coordinator for Actions. Also, the endorsement of Actions
by the City Council to be on the next regular agenda.
DOCKETED PUBLIC HEARING:
1. REQUEST FOR CHANGE IN LAND USE BY ROY C. POWERS, APPLICATION
NO. 41 FROM PU TO C $ GR ON THE FOLLOWING DESCRIBED PROPERTY:
All of lot or tract 11 of the Subdivision of Section 5, H.T. &
B. RR. Co. Survey, Abst. 237, in Brazoria County Texas, according
to the map or plat of said subdivision as the same appears of
record in Volume 28, Page 7 of the Deed Records of Brazoria
County, Texas. Classification PU (Planned Unit) to C (Commercial)
on 12.92 acres and GR (General Residence) on 14.56 acres.
PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE:
Mr. Roy Powers, owner of the property, and Mr. Roy Ramsey, operator of a garage
located on the part of the property where the requested change is for Commercial,
spoke for the requested change.
PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: None
95
QUESTION AND ANSWER PERIOD: A discussion was held with Mr. Powers by members of
the City Council regarding the utilities already installed in the area. Mr. Powers
advised that sanitary sewage lines were installed in the area; however, he did not
know whether or not they would meet present specifications. Mr. Powers filed a
letter with the City Council advising he wished to build single family dwellings
in the GR Classification rather than patio homes and duplexes.
OMM ADJOURN HEARING: 8:15 P.M.
UNFINISHED BUSINESS:
ORDINANCE NO. 362, AN ORDINANCE ESTABLISHING THE CONDITIONS UNDER WHICH SOUTH-
WESTERN BELL TELEPHONE COMPANY WILL OPERATE IN THE CITY OF PEARLAND:
Ordinance No. 362 was read in full by Councilman Farley and Councilman Gray.
(Second Reading)
It was moved by Councilman Farley, seconded by Councilman Wilson that Ordinance
No. 362 be passed and approved on second and final reading. Said Ordinance reads
in caption as follows:
ORDINANCE NO. 362
AN ORDINANCE WHEREBY THE CITY OF PEARLAND, TEXAS, AND THE
SOUTHWESTERN BELL TELEPHONE COMPANY AGREE THAT THE TELEPHONE
COMPANY SHALL CONTINUE TO ERECT AND MAINTAIN ITS POLES, WIRES,
ANCHORS, CABLES, MANHOLES, CONDUITS, AND OTHER PLANT CON-
STRUCTION AND APPURTENANCES ALONG, ACROSS, ON, OVER, THROUGH,
ABOVE AND UNDER ALL PUBLIC STREETS, AVENUES, ALLEYS, PUBLIC
GROUNDS AND PLACES IN SAID CITY, UNDER REGULATIONS, AND
RESTRICTIONS AND THAT THE CITY SHALL RECEIVE AN ANNUAL PAYMENT
AND THE RIGHT TO USE CERTAIN FACILITIES OF THE TELEPHONE COMPANY,
ALL AS HEREIN PROVIDED.
Voting "Aye" - Councilman Farley, Councilman Frauenberger, Councilman Reid,
and Councilman Wilson.
Voting "No" - None
Motion passed 4 to 0.
Councilman Gray abstained.
ORDINANCE NO. 359, AN APPROPRIATION ORDINANCE ADOPTING A REVENUE SHARING BUDGET
FOR ENTITLEMENT PERIOD NINE:
Ordinance No. 359 was read in full by Councilman Reid. (Second Reading)
It was moved by Councilman Reid, seconded by Councilman Frauenberger that
Ordinance No. 359 be passed and approved on second and final reading. Said
Ordinance reads in caption as follows:
ORDINANCE NO. 359
AN APPROPRIATION ORDINANCE ADOPTING A REVENUE SHARING
BUDGET FOR THE ENTITLEMENT PERIOD BEGINNING OCTOBER 1,
1977 AND ENDING SEPTEMBER 30, 1978.
Voting "Aye" - Councilman Frauenberger, Councilman Gray, Councilman.Farley,
Councilman Reid, and Councilman Wilson.
Voting "No" - None
Motion passed 5 to 0.
ORDINANCE NO. 360, AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE CITY OF
PEARLAND BEGINNING OCTOBER 1, 1977 AND ENDING SEPTEMBER 30, 1978:
Ordinance No. 360 was read in full by Councilman Wilson. (Second Reading)
M
It was moved by Councilman Wilson, seconded by Councilman Gray that Ordinance No.
360 be passed and approved on second and final reading. Said Ordinance reads in
caption as follows:
ORDINANCE NO. 360
AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 1977 AND ENDING SEPTEMBER 30, 1978.
Voting "Aye" - Councilman Wilson, Councilman Reid, Councilman Farley, Councilman
Gray, and Councilman Frauenberger.
Voting "No" - None.
Motion passed 5 to 0.
ORDINANCE NO. 361, AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE
MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND:
Ordinance No. 361 was read in full by Councilman Frauenberger. (Second Reading)
It was moved by Councilman Frauenberger, seconded by Councilman Wilson that
Ordinance No. 361 be passed and approved on second and final reading. Said
Ordinance reads in caption as follows:
ORDINANCE NO. 361
AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF
THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS,
AND PROVIDING FOR THE INTEREST AND SINKING FUND OF THE
TAXABLE YEAR 1977 AND APPORTIONING EACH LEVY FOR THE
SPECIFIC PURPOSE.
Tax Rate: $1.30 on each One Hundred ($100) valuation of property.
Cl) For the maintenance and support of the General Government
(General Fund), the sum of $0.932 on each $100 valuation of
property.
(2) For the Interest and Sinking Fund, the sum of $0.368 on each
$100 valuation of property.
Voting "Aye" - Councilman Wilson, Councilman Reid, Councilman Farley, Councilman
Gray and Councilman Frauenberger.
Voting "No" - None
Motion passed 5 to 0.
APPROVAL OF ENGINEER'S ESTIMATE FOR PAVING OF GALVESTON AVENUE FROM PEAR TO
WALNUT:
The following Engineer's Estimate was submitted to the City Council for
improvements to Galveston Avenue from Pear to Walnut.
MATERIAL
EQUIPMENT AND LABOR
1.
Base Material
$1,352.70
1.
Maintainer
$336.60
2.
Hauling Base
557.78
2.
Water Truck
185.40
3.
1st Rock Course
191.40
3.
Flat Wheel Roller
92.70
4.
2nd Rock Course
110.10
4.
Sheepfoot Roller
230.40
S.
Unloading Rock
19.80
S.
Dump Truck
61.80
6.
Asphalt
576.00
6.
Spreader Box
20.80
7.
Distributor Truck
61.60
8.
Labor $ Supervision
264.00
Total Materials
$2,807.78
Subtotal
Equipment & Labor
$1,253.30
Legal, Adm. & Eng.
240.00
Total approximate project
Total Equip. $ Labor
$1,493.30
length ..... 600
ft.
Total Materials
2,807.78
Average cost per foot. $7.17 NET TOTAL ESTIMATED COST $4,301.08
It was moved by Councilman Gray, seconded by Councilman Wilson that the
City Engineer's Estimate for paving Galveston Ave. from Pear to Walnut be
accepted into the records of the City. Motion passed 5 to 0.
ORDINANCE NO. 363, AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE
PAVING OF GALVESTON AVENUE FROM PEAR STREET TO WALNUT:
Ordinance No. 363 was read in full by Councilman Gray and Councilman Farley.
(Second Reading)
It was moved by Councilman Gray, seconded by Councilman Farley that Ordinance
No. 363 be passed and approved on second and final reading. Said Ordinance
OM„ reads in caption as follows:
ORDINANCE NO. 363
AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE
PAVING AND IMPROVEMENT OF GALVESTON AVENUE, PEARLAND, TEXAS;
APPROVING PLANS AND SPECIFICATIONS FOR SUCH WORK; AUTHORIZING
THE CITY MANAGER TO ADVERTISE FOR BIDS IF NECESSARY; DIRECT-
ING THE PREPARATION OF ESTIMATES; INVOKING AND ADOPTING THE
PROVISIONS OF ARTICLE 1105b, VERNON'S REVISED CIVIL STATUTES;
PROVIDING THE MANNER IN WHICH AND BY WHOM THE COST OF SUCH
IMPROVEMENTS SHALL BE PAID AND PROVIDING FOR THE ASSESSMENT
OF A PORTION OF SUCH COSTS AGAINST ABUTTING PROPERTIES AND THE
OWNERS THEREOF; PROVIDING FOR THE TERMS OF PAYMENT OF SUCH
ASSESSMENTS; DIRECTING THE CITY SECRETARY TO CAUSE A CERTIFIED
COPY OF THE ORDINANCE TO BE FILED IN THE DEED OF TRUST RECORDS
OF BRAZORIA COUNTY, TEXAS, ENACTING PROVISIONS INCIDENT AND
RELATING TO THE SUBJECT; PROVIDING A SAVINGS CLAUSE AND AN
EFFECTIVE DATE HEREOF.
Voting "Aye" - Councilman Frauenberger, Councilman Gray, Councilman Farley,
Councilman Reid, and Councilman Wilson.
Voting "No" - None
Motion passed 5 to 0.
DEPOT BUILDING:
`~` Councilman Reid reported that a survey of Pearland citizens and organizations
indicates that they do not favor the selling, leasing or removing the depot
facility from Pearland. Most individuals contacted favor moving the depot to
the new park and placing it in a condition befiting the most historic building
in the City. Councilman Reid further reported that his committee recommends
that no consideration be given to selling or leasing the Depot facility for
removal from Pearland at this time. The Park and Improvement Board may bring
a recommendation in the future to consider a concession or refreshment type
lease to utilize the depot facility when it is moved to the parksite.
It was moved by Councilman Wilson, seconded by Councilman Gray that Mr. Ferry's
request to buy the depot building be denied. Motion passed 5 to 0.
MEETING RECESSED AT 8:50 P.M. - RECONVENED AT 9:09 P.M.
NEW BUSINESS:
ADJUSTMENTS IN THE 1976 TAX ROLL:
r"'` Mr. James DeShazer, Tax Assessor -Collector for the City submitted adjustments
in the 1976 Tax Roll as follows:
RECAP PAGE
ADJUSTMENTS TO 1976 TAX ROLL
ASSESSED VALUE: Addition to Roll $ 296,396
Reduction to Roll - 507,386
$(- 310,990)
TAX COMPUTATION: Addition to Roll $ 296.26
Reduction to Roll -3,868.27
Adjusted -Revised
Tax Dollars gained/lost $3,572.27)
hli
It was moved by Councilman Farley, seconded by Councilman Frauenberger that the
adjustments to the 1976 Tax Roll as presented by the Tax Assessor -Collector be
approved. Motion passed 5 to 0.
APPLICATION NO. 41 - ROY C. POWERS:
Mr. Roy Powers, through his Attorney Scott Thrash, advised the City Council that
he would withdraw his request for change in land use on 14.46 acres of land from
PU to GR, leaving only the 12.92 acres to be changed from PU to Commercial. A
letter would be prepared and submitted to the City on this request.
It was moved by Councilman Gray, seconded by Councilman Wilson that the necessary
ordinance be prepared on Application No. 41 changing the 12.92 acres from PU
to Commercial upon receipt of a letter from Mr. Powers withdrawing the request
of change on 14.46 acres of land from PU to GR. Motion passed 5 to 0.
ORDINANCE NO. 246-33, AN ORDINANCE OF THE CITY AMENDING THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE - TOM ALEXANDER - APPLICATION NO. 42:
Ordinance No. 246-33 was read in full by Councilman Frauenberger. (First Reading)
It was moved by Councilman Frauenberger, seconded by Councilman Reid that
Ordinance No. 246-33 be passed and approved on first reading. Said Ordinance
reads in caption as follows:
ORDINANCE NO. 246-33
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 Wilson, Councilman Farley, Councilman Gray,
Councilman Reid, and Councilman Frauenberger.
Voting "No" - None. Motion passed 5 to 0.
ORDINANCE NO. 280-3, AN ORDINANCE ESTABLISHING NEW RATE FOR RESIDENTIAL GARBAGE
PICKUP:
Ordinance No. 280-3 was read in full by Councilman Wilson. (First Reading)
It was moved by Councilman Wilson, seconded by Councilman Gray that Ordinance
No. 280-3 be passed and approved on first reading. Said Ordinance reads in
caption as follows:
ORDINANCE NO. 280-3
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING
CHARGES FOR THE COLLECTION OF RESIDENTIAL GARBAGE WITHIN
THE CITY LIMITS; PROVIDING THAT SUCH CHARGES ALLOW NO CREDIT
FOR VACANCIES; PROVIDING THAT SUCH CHARGES BE DEBITED TO
EACH ACTIVE WATER METER ACCOUNT; PROVIDING THAT TRASH AND
BRUSH COLLECTION BE AVAILABLE TO RESIDENTIAL CUSTOMERS UPON
REQUEST; PROVIDING FOR CHARGES FOR THE COLLECTION OF COM-
MERCIAL GARBAGE; REPEALING ORDINANCE NO. 280-2 AND ALL _
ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING A SAVINGS CLAUSE.
Voting "Aye" - Councilman Wilson, Councilman Reid, Councilman Farley,
Councilman Gray, and Councilman Frauenberger.
Voting "No" - None
Motion passed 5 to 0.
ORDINANCE NO. 58E, AMENDMENT TO SUBDIVISION ORDINANCE:
This item removed from agenda at this time. Specifications for streets to be
on the next regular agenda.
RESOLUTION NO. R77-27, A RESOLUTION APPROVING CLAIM FOR CHENNAULT MATERIALS, INC.:
Resolution No. R77-27 was read in full by Councilman Farley.
It was moved by Councilman Farley, seconded by Councilman Reid that Resolution
No. R77-27 be passed and approved on first and only reading. Said Resolution
reads in caption as follows:
RESOLUTION NO. R77-27
r� RESOLUTION APPROVING CLAIM AND AUTHORIZING THE ISSUANCE
OF CERTIFICATES OF OBLIGATION.
Voting "Aye" - Councilman Wilson, Councilman Reid, Councilman Farley,
Councilman Gray, Councilman Frauenberger.
Voting "No" - None Motion passed 5 to 0.
AWARD OF BID NO. B77-11, CRUSHED LIMESTONE:
It was moved by Councilman Gray, seconded by Councilman Wilson that Bid No.
B77-11 be awarded to Parker Brothers, Inc. for a price of $7.65 per ton.
Motion passed 5 to 0.
EXECUTIVE SESSION: 9:45 P.M. CLOSE OF EXECUTIVE SESSION: 10:05 P.M.
ACTION AS A RESULT OF EXECUTIVE SESSION:
It was moved by Councilman Gray, seconded by Councilman Wilson that the City
Manager be authorized to bid on a Gradall offered for sale by Brazoria County
Drainage District No. 4. Motion passed 5 to 0.
ADJOURN: Meeting adjourned at 10:10 P.M.
Minutes approved as submitted and/or corrected this /____ day of
A. D., 1977.
Mayor, City of Pearland
ATTEST
City Secretary