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1977-11-14 CITY COUNCIL REGULAR MEETING MINUTESi2 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 14, 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 Harry Farley Councilman Dennis Frauenberger Councilman Terry Gray Councilman Tom Reid City Manager William E. Wolff City Attorney Bobby J. Williams (Entered 7:45 P.M.) City Secretary Dorothy L. Cook Absent from the meeting: Councilman Morris Wilson INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Councilman Reid. The Pledge of Allegiance was led by Councilman Gray. BID OPENINGS: BID NO. B77-18 - TRAFFIC CONTROL SIGNAL: Bids were opened as follows: VENDOR AMOUNT BID SECURITY Security National Bid Dickey Electric Company $12,500.00 Bond 10% A. M. Vogle, Inc. Statewide Signal, Inc. Lloyd Electric Company Pfeiffer-Gambrell, Inc. 12,740.00 12,000.00 no bid 7,744.00 Cashier's Check $400.00 It was moved by Councilman Reid, seconded by Councilman Frauenberger that the bids be received into the records of the City and referred to City Manager for tabulation and recommendation. Motion passed 4 to 0. BID NO. B77-19 - FIRE DEPARTMENT POWER RESCUE TOOL (JAWS OF LIFE): Bids were opened as follows: VENDOR AMOUNT Fire Fox Corporation $4,947.00 It was moved by Councilman Farley, seconded by Councilman Gray that the bid be received into the records of the City and referred to the Fire Department Committee for tabulation and recommendation. Motion passed 4 to 0. APPROVAL OF MINUTES: It was moved by Councilman Reid, seconded by Councilman Farley that the minutes of the regular meeting held on October 25, 1977 be approved as submitted. Motion passed 4 to 0. It was moved by Councilman Gray, seconded by Councilman Frauenberger that the minutes of a special meeting held on October 31, 1977 be approved as submitted. Motion passed 3 to 0. Councilman Reid abstained. 00ft 1.2 5 MAYOR'S ACTIVITY REPORT: None COUNCIL ACTIVITY REPORTS: None DEPARTMENTAL REPORTS: City Manager Wolff reported that things are well under way at Independence Park. Brown $ Root is preparing to put down base material and the utility contractor is working in the park. CITIZENS: Mr. Karl D. Kaup of 2128 N. Pearland Ave., representing the Break Even Drums of Houston requested permission to use Independence Park on September 21st, through September 24th, 1978 for an American Indian Dance. The purpose of this dance is the retention and revival of the American Indian Culture. Mr. Kaup advised that it would take about 4 or 5 acres for camping facilities, with approximately 450 people to be present. Mr. Kaup was advised that the City could not give him an answer at this time since some construction work has just started. However, in another six weeks there is a possibility of knowing if the park would be com- pleted by the date requested. Mayor McComb asked Mr. Kaup to check the facilities at the park on Barry Rose Road since it already has restroom facilities and lights. Mrs. Lawrence Hameker of 10018 Pallentine, Houston, Texas, appeared before the City Council with a request for the division of the South 35 feet of Lot 9 and all of Lot 10 in Clear Creek Estates into two sections making each lot 70 feet wide. She would build a house on one section, and her sister would build a house on the other section. Mrs. Hameker was advised that this item would be on the next agenda after the Council has information on the lot sizes originally platted and the number of houses in the vicinity of this property. Ann Zimmerer, Attorney for Ed Dorsett, et ux, 802 Queens Road, Pasadena, Texas, asked the City Council to reconsider their previous motion regarding the issuance of a building permit on Lot 180, Block 4, Green Tee Terrace. City Attorney Bobby Williams to review deed presented by Attorney Zimmerer regarding the sale of the 25 feet and report back at the next meeting. Mr. Harold Lee of 2420 Creekridge, Pearland, Texas, presented a letter dated November 9, 1977 outlining reasons why he felt game rooms within walking distance of a school should be prohibited. Mr. Lee was advised that through the City Attorney the City would find out what legal authority it has in this matter. A formal :answer will be given to Mr. Lee after the City Attorney has investigated this. Mr. Joe Fowler of Pearland, Texas, advised the City Council that he felt that his assessment should be the same as that allowed on the first :block of Lynn Drive since Lynn was originally black -topped past his property. His property is located on the corner of the second block of Lynn Drive. An allowance had been given to the people in the first block after an investigation was made, and it was found that the City forces had graded up the portion that had been previously topped. The Mayor asked that the motion allowing this credit and all other information regarding this matter be available to the Council so that the matter can be placed on the agenda of the next regular meeting. 4A MEETING RECESSED AT 8:30 P.M. - RECONVENED AT 8:45 P.M. DOCKETED PUBLIC HEARINGS: Mayor McComb reconvened the Public Hearing recessed from November 7, 1977 on Entex, Inc. request for rate increase. City Attorney Williams advised that in his opinion, the ordinance that would be presented later in the meeting meets all requirements set out by the City Council. Mr. Williams advised that this ordinance provided that Entex, Inc. will not apply for a rate increase during the calendar year 1978, and the Cost of Service Adjustment provision will not be effective until after May 1, 1979. Mayor McComb asked if anyone had questions regarding this requested increase, and hearing none, adjourned the Hearing at 8:45 P.M. UNFINISHED BUSINESS: ORDINANCE NO. 365, AN ORDINANCE AMENDING ORDINANCE NO. 358, ANNEXING CERTAIN PROPERTY AND TERRITORY TO THE CITY OF PEARLAND: Ordinance No. 365 was read in full by Councilman Farley. (Second Reading) It was moved by Councilman Farley, seconded by Councilman Reid that Ordinance No. 365 be passed and approved on second and final reading. Said Ordinance reads in caption as follows: ORDINANCE NO. 365 AN ORDINANCE AMENDING THAT CERTAIN ORDINANCE (ORDINANCE NO. 358), PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ON THE 8TH DAY OF AUGUST, 1977, ANNEXING CERTAIN PROPERTY AND TERRITORY TO THE CITY OF PEAR - LAND; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATIONS, REPEALING ALL ORDINANCES IN CONFLICT, AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilman Reid, Councilman Farley, Councilman Gray and Councilman Frauenberger. Voting "No" - None Motion passed 4 to 0. APPOINTMENTS: Appointment to Park Board not ready for consideration at this time. NEW BUSINESS: ORDINANCE NO. 366, AN ORDINANCE FIXING AND ORDERING THE RATES TO BE CHARGED BY ENTEX, INC.: Mayor McComb read a letter from Howard E. Bell, Vice President of Entex, Inc. dated November 9, 1977 advising of acceptance of settlement offer formally proposed by the City Council on November 7, 1977. Ordinance No. 366 was read in full by Councilman Gray. (First Reading) It was moved by Councilman Gray, seconded by Councilman Frauenberger that Ordinance No. 366 be passed and approved on first of two readings. Said Ordinance reads in caption as follows: ORDINANCE NO. 366 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FIXING AND ORDERING THE RATES TO BE CHARGED BY ENTEX, INC. FOR GAS AND GAS SERVICE TO RESIDENTIAL'AND COMMERCIAL CUSTOMERS WITHIN THE CITY OF PEARLAND, TEXAS, ESTABLISHING THE EFFECTIVE DATE', REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR SEVERABILITY. Voting "Aye" - Councilman Frauenberger, Councilman Gray, Councilman Farley, Councilman Reid. Voting "No" - None Motion passed 4 to 0. 9 / ORDINANCE NO. 246-34, AN ORDINANCE AMENDING LAND USE AND URBAN DEVELOPMENT ORDINANCE - APPLICATION NO. 43, RAY BELLEW & SONS, INC. - PU TO COMMERCIAL: Ordinance No. 246-34 was read in full by Councilman Frauenberger. (First Reading) It was moved by Councilman Frauenberger, seconded by Councilman Reid that Ordinance No. 246-34 be passed and approved on first of two readings. Said Ordinance reads in caption as follows: OWN% ORDINANCE NO. 246-35 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 Reid, Councilman Farley, Councilman Gray, and Councilman Frauenberger. Voting "No" - None Motion passed 4 to 0. PROPOSED USE OF SANITARY LANDFILL BY CITY OF FRIENDSWOOD: The Mayor passed this item until a later date. CALL OF A PUBLIC HEARING ON STREET ASSESSMENTS - WOODY ROAD: It was moved by Councilman Reid, seconded by Councilman Gray that a Public Hearing be called under Docketed Public Hearings of the regular agenda on January 9, 1978 for street assessments on Woody Road. Motion passed 4 to 0. AWARD OF BID NO. B77-18, TRAFFIC CONTROL SIGNAL: City Manager Wolff advised that Ron Wicker, Director of Planning & Transportation, had reviewed the bids submitted and recommended that the low bidders, Pfeiffer- Gambrell, Inc. be awarded the bid in the amount of $7,744.00. It was moved by Councilman Reid, seconded by Councilman Gray that Bid No. B77-18 for Traffic Control Signal be awarded to Pfeiffer-Gambrell, Inc. in the amount of,$7,744.00. Motion passed 4 to 0. AWARD OF BID NO. B77-19, POWER RESCUE TOOL: City Manager Wolff advised that a Committee from the Fire Department had reviewed the bids and recommended that Fire Fox be awarded the bid in the amount of $4,947.00. It was moved by Councilman Farley, seconded by Councilman Gray that Bid No. B77-19 be awarded to Fire Fox Corporation in the amount of $4,947.00 for a power rescue tool. Motion passed 4 to 0. r� AUTHORITY TO ACQUIRE LAND FROM FAITH BAPTIST CHURCH FOR ROAD RIGHT OF WAY: City Manager Wolff advised that the master plan of the City indicates a continuation of'John Lizer Road across property in front of the park and going across the property of the Faith Baptist Church. This road is to connect with the -existing road in Shadycrest Addition and continue on to Dixie Farm Road. The church is in the process of developing its plant, and he felt that it was in the best interest of the City that this land be acquired so that we will be able to maintain a roadway parallel to F. M. 518, carrying traffic east and west through Pearland. It was moved by.Councilman Farley, seconded by Councilman Frauenberger that the Mayor, City Attorney, and City Manager be authorized to proceed with the acquisition of a tract of land necessary to extend John Lizer Road and site for park administration building. Motion passed 4 to 0. OTHER BUSINESS: None ADJOURNMENT: The meeting was adjourned at 9:10 P.M. Minutes approved as submitted and/or corrected this day of �— A. D. , 1977. Mayor ATTEST: City Secretary