1977-09-12 CITY COUNCIL REGULAR MEETING MINUTES100
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
HELD ON SEPTEMBER 12, 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 Dennis Frauenberger
Councilman Harry Farley
Councilman Terry Gray
Councilman Tom Reid
Councilman Morris Wilson
City Manager William E. Wolff
City Attorney Bobby J. Williams
City Secretary Dorothy L. Cook
INVOCATION AND PLEDGE OF ALLEGIANCE:
The invocation was given by Rev. Carlin of the Faith Baptist Church of Pearland.
The Pledge of Allegiance was led by Councilman Reid.
BID OPENING SALE OF LAND BID NO. 2:
Bid opened as follows:
BID OF FIRST BAPTIST CHURCH, PEARLAND, TEXAS, INC. ON "CITY OF PEARLAND BID
NO. 2" $57,465.90. Cashier's Check in the amount of $2,873.29 enclosed as
bid surety.
It was moved by Councilman Reid, seconded by Councilman Wilson that the bid be
received into the records of the City and referred to the City Manager and
City Attorney for recommendation later in the meeting. Motion passed 5 to 0.
APPROVAL OF MINUTES:
It was moved by Councilman Farley, seconded by Councilman Frauenberger that the
minutes of the regular meeting held on August 22, 1977 be approved as submitted.
Motion passed 5 to 0.
MAYOR'S ACTIVITY REPORT:
Mayor McComb issued the following Proclamations:
1. PTA Membership Drive Weeks - September 19 through October 7, 1977
2. First Founder's Day - September 24, 1977
Activities have been planned by the Chamber of Commerce for the First
Founder's Day in Pearland. Mayor McComb challenged Mayor Carter of
Brookside Village to Horse Shoe Pitching Contest at 3:00 P.M. on September
24, 1977 as a part of the activities planned by the Chamber.
COUNCIL ACTIVITY REPORTS: None
DEPARTMENTAL REPORTS: None
CITIZENS:
Mrs. Theda Cessac discussed Christmas. decorations for the downtown area of
Pearland. Mrs. Cessac advised that the Chamber of Commerce has committed itself
to all of the work. The approximate cost of decorations in the area proposed
would be $7,000.00. The Chamber will pay $2,500.00 of this amount and the civic
organizations, service groups, and the student council will pay $2,500.00.
Mrs. Cessac asked the City Council to make up the deficit out of City funds for
the additional amount needed for the decorations. Mayor McComb appointed a
committee of Councilman Reid and Councilman Gray to work with the Chamber of
Commerce on this project. Mayor McComb requested that this item be placed on
the agenda of the next regular meeting.
DOCKETED PUBLIC HEARINGS: None
UNFINISHED BUSINESS:
ORDINANCE NO. 246-33, AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE -
APPLICATION NO. 42. TOM ALEXANDER:
Ordinance No. 246-33 was read in full by Councilman Gray. (Second Reading)
It was moved by Councilman Gray, seconded by Councilman Wilson that Ordinance
No. 246-33 be passed and approved on second and final reading as corrected.
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.
r.� Lots 1 through 24, Block 4; all of Lots 1 through 21, Block 3;
and 1.94 acres of railroad frontage and track siding in Block
3; Lots 1 through 10 and fifty foot strip of railroad frontage
in Block 14, Pearland Townsites, Pearland, Brazoria County, Texas.
Classification changed from Office & Professional and General
Business to Commercial.
Voting "Aye" - Councilman Wilson, Councilman Reid, Councilman Farley, Councilman
Gray, 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 Farley. (Second Reading)
It was moved by Councilman Farley, seconded by Councilman Gray that Ordinance
No. 280-3 be passed and approved on second and final reading. Said Ordinance
reads in caption as follows:
ORDINANCE NO. .280-3
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING
r '• 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.
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NEW BUSINESS:
REQUEST BY JOE COVINGTON FOR RELEASE OF BUILDING PERMIT ON LOT 180, BLOCK 4,
GREEN TEE TERRACE - PROPERTY LESS THAN ORIGINAL PLAT:
A discussion was held regarding this request and the fact that the 25 feet from
this lot was sold in February of 1977 to the owner of Lot 181. The City Manager
expressed that he would like to investigate this matter further before any
action is taken by the City Council.
RECESS at 8:15 P.M. - RECONVENED at 8:20 P.M.
It was moved by Councilman Wilson, seconded by Councilman Gray that this matter
be tabled for further investigation by the City Administration and placed on
the agenda of the next regular meeting. Motion passed 5 to 0.
Mayor McComb asked that the Councilmen convey to the City Manager the particular
data they would like to have on this matter.
REQUEST BY FAITH BAPTIST CHURCH FOR RELEASE OF BUILDING PERMIT ON PROPERTY
LOCATED ON LIBERTY DRIVE:
Reverend Carlin of the Faith Baptist Church advised that his church purchased
4 acres and was given 2 acres of property, and they wanted to begin building on
the north end of the property, the first building will be 100' x 100' and
adequate parking will be provided on the north and east side of the building.
The southern property line comes within about 10 feet of the Creek. Mayor
McComb discussed the need of right of way through this tract of land for a
road which would run parallel to Highway 518.
It was moved by Councilman Farley, seconded by Councilman Wilson that the City
Council has no objection to the request by the Faith Baptist Church for
release of building permit on property located on Liberty Drive as a result of
this property being less than the size platted. Motion passed 4 to 1.
Councilman Gray opposed.
REQUEST BY PEARLAND LAND & INVESTMENT COMPANY FOR RETURN OF ESCROW DEPOSIT FOR
PAVING LOT 1, BLOCK 15, SLEEPY HOLLOW SUBDIVISION:
City Manager Wolff advised that the City did not perform the paving on this
section; however, it was paved by the developer, therefore, he felt the Pearland
Land & Investment Company was entitled to the return of the money they placed
in escrow with the City.
It was moved by Councilman Farley, seconded by Councilman Reid that the City
Council return to the Pearland Land & Investment Company the amount of $860.00
which is currently on deposit with the City of Pearland for use in construction
of improvements in Sleepy Hollow Subdivision as this was performed by Pearland
Land $ Investment Company rather than the City. Motion passed 5 to 0.
RESIGNATION OF DAN SHAW FROM PLANNING COMMISSION:
Mayor McComb read a letter of resignation from Dan Shaw dated August 29, 1977.
It was moved by Councilman Reid, seconded by Councilman Farley that the resignation
of Dan Shaw from the Planning & Zoning Commission be accepted. Motion passed
5 to 0.
OFFICIAL NEWSPAPER FOR CITY OF PEARLAND:
The following proposals submitted by local newspapers were considered by the
City Council:.
Sun
Progress
Legal
Rate
.05
per
word
The
News
Legal
Rate
.07
per
word
or display space at $1.74
The
Journal
Legal
Rate
.07
per
word
or $1.75 per column inch
owft It was moved by Councilman Reid, seconded by Councilman Farley that the Sun
Progress be selected as the official newspaper of the City of Pearland effective
October 1, 1977 and that the Mayor be authorized to execute a contract based on
the bid proposal of 5¢ per word. Motion passed 5 to 0.
ORDINANCE NO. 246-34, AN ORDINANCE AMENDING THE LAND USE $ URBAN DEVELOPMENT
ORDINANCE APPLICATION 41 (AS AMENDED) ROY C. POWERS:
Ordinance No. 246-34 was read in full by Councilman Reid. (First Reading)
It was moved by Councilman Reid, seconded by Councilman Gray that Ordinance No.
246-34 be passed and approved on first of two readings. Said Ordinance reads
in caption as follows:
ORDINANCE NO. 246-34
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 Reid, and
Councilman Wilson.
Voting "No" - None. Motion passed 4 to 0.
Councilman Farley absent from room at this time.
APPLICATION NO. 43, CHANGE IN LAND USE REQUEST BY RAY BELLEW & SONS - CALL OF
PUBLIC HEARING BEFORE PLANNING COMMISSION:
It was moved by Councilman Wilson, seconded by Councilman Reid that a Public
Hearing be called before the Planning & Zoning Commission on Application No.
43, Ray Bellew & Sons for October 4, 1977 at 7:30 P.M. Motion passed 5 to 0.
APPOINTMENT OF MEMBER OF PLANNING AND ZONING COMMISSION:
This item passed at this time.
MEETING RECESSED at 9:00 P.M. - RECONVENED at 9:10 P.M.
SALE OF LAND BID NO. 2:
City Manager William Wolff recommended that the bid of the First Baptist Church
r -- be accepted. City Attorney Williams advised that all requirements of the bid
notice have been met by the church.
It was moved by Councilman Reid, seconded by Councilman Farley that Land Bid No.
2 pertaining to Lots 20 through 25 in Block 14 and the 50 foot railroad strip
in Block 14 be sold to the First Baptist Church of Pearland, Texas, for the
amount of $57,465.90 as being the best and only bid and conditioned on a
grace period being allowed the City for removal of the depot building. Motion
passed 3 to 2. Councilman Wilson and Councilman Gray opposed.
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COMMUNITY PUBLIC SERVICE COMPANY - REQUEST FOR RATE INCREASE:
City Attorney Bobby Williams advised that the Community Public Service Company
is requesting an 8% increase for its Pearland customers instead of the 22%
applied for through the Public Utility Commission. The proposed ordinance would
be similar to Texas City and would not allow the right of automatic pass through
of costs.
Mayor McComb advised that the only action needed by the Council at this time
would be the calling of a Public Hearing.
It was moved by Councilman Gray, seconded by Councilman Wilson that a Public
Hearing be called under Docketed Public Hearing of the regular agenda for
September 26, 1977, 7:30 P.M. for request of Community Public Service for a
rate increase. Motion passed 5 to 0.
BID NO. B77-11, LIMESTONE:
City Manager Wolff advised that at the last meeting of the City Council a bid
was accepted from Parker Brothers, Inc. for limestone for use in the City Park
for construction of roads. It is now our intent to place the building of the
roads in the Park out for bids, and it is customary when you bid a road project
to bid a complete turn -key job. A one year warranty on the road will be
required under the bidding process, and if the contractor furnishes his own
material and the road does not hold up he is responsible for the entire project.
City Manager Wolff recommended that the bid be declared null and void and that
Parker Brothers, Inc. were receptive to this arrangement.
It was moved by Councilman Reid, seconded by Councilman Farley that by mutual
agreement with Parker Brothers, Inc. that Bid No. B77-11 be declared null and —
void. Motion passed 4 to 1. Councilman Frauenberger opposed.
APPLICATION NO. 44, DONALD F. LOGAN, ET UX - CALL OF PUBLIC HEARING BEFORE
PLANNING $ ZONING COMMISSION:
It was moved by Councilman Gray, seconded by Councilman Reid that a Public
Hearing on Application No. 44, request for change in land use by Donald F.
Logan, et ux be scheduled for October 4, 1977 at 7:30 P.M. at the regular
meeting of the Planning and Zoning Commission. Motion passed 5 to 0.
APPROVAL AND AUTHORIZATION FOR CITY MANAGER TO SIGN TRAFFIC SIGN GRANT
APPLICATION:
Director of Planning and Transportation, Ronald Wicker, advised that the funds
would be provided by the Federal Government through the State for sign faces
and blanks. We will be responsible for installing the signs, buying the posts,
and other materials needed for installation. Most of the posts that we have
now can be utilized in this project.
It was moved by Councilman Wilson, seconded by Councilman Gray that the City
Manager be authorized to sign the Traffic Sign Grant Application. Motion
passed 5 to 0.
AUTHORIZATION FOR CITY MANAGER TO BID VARIOUS IMPROVEMENTS TO CITY PARK:
It was moved by Councilman Wilson, seconded by Councilman Reid that the City
Manager be authorized to bid the streets and offsite utilities for Independence
Park. Motion passed 5 to 0.
In a discussion regarding this matter, each additional project for the park is
to be reviewed by the City Council before it is sent to the State for approval.
This would be done by workshop meetings as each project is ready for review.
Mayor McComb advised the City Manager to notify him as soon as any of these
plans have been completed by the City Engineer and a workshop will be called.
OTHER BUSINESS:
1. Executive Session at 9:40 P.M., TEXAS OPEN MEETINGS LAW,
SECTION 2, SUBSECTION (g) PERSONNEL
2. Returned to open Session 10:30 P.M., NO ACTION AS A RESULT
OF EXECUTIVE SESSION.
ADJOURN:
The meeting was adjourned at 10:31 P.M.
Minutes approved as submitted and/or corrected this �' day of
A. D., 1977.
pow
Mayor
ATTEST:
City Secreta
105