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1977-11-28 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND HELD ON NOVEMBER 28, 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 Harry Farley Dennis Frauenberger Terry Gray Tom Reid Morris Wilson William E. Wolff Bobby J. Williams Dorothy L. Cook The invocation was given by Councilman Farley led by Councilman Reid. BID OPENINGS - BID NO. B77-20, PICKUP TRUCKS: Bids were opened as follows: VENDOR MAKE (4) AMOUNT Jay Marks Chevrolet $16,584.00 Bud Brown Ford 16,978.32 Pearson Chevrolet 16,477.60 Kliesing Chevrolet 16,396.00 Norm Livermore Dodge 16,838.44 Brunson International Supply Chevrolet 17,295.24 The Pledge of Allegiance was TRADE INS $1,250.00 648.00 1,250.00 1,225.00 800.00 NET $15,334.00 16,330.32 15,227.60 15,171.00 16,038.48 It was moved by Councilman Farley, seconded by Councilman Gray that the bids be received into the records of .the City and referred to the City Manager for tabulation and recommendation. Motion passed 5 to 0. BID NO. B77-21, RESTROOM FACILITY -INDEPENDENCE PARK: VENDOR AMOUNT BID SURETY Ellis Construction Services $17,600.00 $Bid bond 5% Construction Concepts 29,575.00 C. C.$1,478.75 It was moved by Councilman Reid, seconded by Councilman Wilson that the bids be received into the records of the City and referred to the City Manager for r 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 a Public Hearing and Special Meeting held on November 7, 1977 be approved as submitted. Motion passed 5 to 0. It was moved by Councilman Wilson, seconded by Councilman Reid that the minutes of the regular meeting held on November 14, 1977 be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: None 130 COUNCIL ACTIVITY REPORTS: None DEPARTMENTAL REPORTS: City Manager Wolff advised that we have now started work on the road into Harris County (extension of Dixie Farm Road). CITIZENS: Mr. J. W. Gartrell, Jr. of LaMarque, Texas asked for a variance in the Subdivision Ordinance to permit 28 ft. wide concrete paving with open ditches in Longwood Park Section II. He advised that they planned 40 homesites in this area. He advised that open ditches would be the best way to drain this subdivision due to the fact that pipeline easements were on three sides of this proposed subdivision. City Attorney Williams advised that the subdivision ordinance would have to be amended to permit such a variance if the Council so desired. Lan Bentsen of 4600 Post Oak Rd., Houston, Texas, asked that the City construct a sewer line from Walnut Street down Old Alvin Road approximately 700 feet to serve approximately 130 apartment units to be built in the zoned MF area. City Manager Wolff advised that this was the beginning of a very important line that would eventually have to go all the way out Old Alvin Road and down Highway 35 South. Mr. Wolff advised that he had no idea what size of line Mr. Bentsen would need for his project alone. Mr. Bentsen advised that his Engineer's figured an 8" line would be sufficient to serve this project with an approximate cost of $30,000.00; however, if the City wanted to increase the capacity for future extension then it should be a 12" line with approximate cost of $50,000.00. Mayor McComb advised Mr. Bentsen that in the past the developer has paid for _ the materials and the City would furnish the labor for such a project. City Manager Wolff advised that this line was of such a size that it would be beyond the scope of the City's forces. Mayor McComb asked Mr. Wolff to work with Mr. Bentsen and furnish some figures on the following: (a) To serve their project only. (b) To install the large line in as far as their property. Mr. Lloyd Poague of 1225 Eldridge, Houston, Texas, asked for extension of utilities to a 67.88 acre tract of land located in Abstract 241 (Harkey Road and Highway 518 in the County). He advised that he planned 200 to 220 houses with approximately 10 acres to remain as commercial reserve on Highway 518. He advised that this would be a Class A subdivision with houses to be in the price range of $45,000.00 to $50,000.00. Mayor McComb advised Mr. Poague that it had been the practice of the City not to extend utilities outside the City limits. He also advised Mr. Poague that the City Administration would have to look at the total problem and give the City Council some answers before any consideration could be given to this request. DOCKETED PUBLIC HEARINGS: 1. WASHINGTON AVENUE - FROM THE NORTHERLY RIGHT-OF-WAY LINE OF PLUM STREET APPROXIMATELY 600 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF ORANGE STREET. Mayor McComb advised that the Public Hearing was being held pursuant to the authority and statutory requirements of Article 1105B of the Revised Civil Statutes of the State of Texas. The purpose of the hearing was to consider the proposed street improvement assessments against abutting property owners of a portion of the cost of improvements to Washington Avenue, from the northerly right-of-way line of Plum Street approximately 600 feet to the southerly right-of- way line of Orange Street. Mayor McComb also advised that all persons owning abutting property, or any interest herein, would have the right at this Hearing to be heard and offer evidence as to all matters concerning (1) The statutory authority of the meeting; (2) the validity of any assessment authorized under Article 1105B of Vernon's Annotated Civil Statutes; (3) contest the amounts of the proposed assessments, the lien and liability thereof; (4) the special benefits to abutting property owners thereof by means of the improvements of which assessments are to be levied; (5) and the accuracy, sufficiency, regularity and validity fo the proceedings and contract in connection with such improvements and proposed assessments; (6) and as to all matters in accordance with Ordinance No. 331 - participation paving of Washington Avenue. NOTICE AND HEARING: The City Secretary advised that all of the statutory notices had been duly mailed and published according to Section 9 of Article 1105B and that no railways were affected by the proposed street assessment. TESTIMONY ON BEHALF OF CITY: City Attorney Williams presented evidence on behalf of the City by first calling for the testimony of City Engineer, Malcolm Collins. Mr Collins testified that he had made an inspection of the street prior to the work under the participation paving program and found that it was standard open ditch construction without any type of permanent all weather surface with about 18 to 19 feet driving surface. Mr. Collins testified that the present condition of the portion of the Washington Avenue involved in the HEARING was a double penetration of asphalt topping with a crushed concrete base, width 27 feet of base and 24 feet of asphalt. Mrs. A. L. Aimone, Jr. of 2122 N. Washington inquired about maintenance of the street. Mayor McComb advised that the street would be maintained by the City. City Attorney Williams called for the testimony of Real Estate Appraiser Jim McDevitt. Mr. McDevitt testified that the property abutting this portion of Washington Avenue had been enhanced in value greater than $3.00 per front foot. TESTIMONY OF PROPERTY_OWNERS: Mrs. A. L. Aimone, Jr. of 2122 N. Washington asked if after the assessment is paid, the lien will be removed by the City. Mayor McComb advised that it would be. PUBLIC HEARING RECESSED: Mayor McComb advised that the Hearing would be recessed until December 27, 1977. r -ft UNFINISHED BUSINESS: APPOINTMENT OF MEMBER ON PARK BOARD: This item passed at this time. ORDINANCE NO. 366, AN ORDINANCE FIXING AND ORDERING THE RATES TO BE CHARGED BY ENTEX, INC.: Ordinance No. 366 was read in full by Councilman Farley. (Second Reading) It was moved by Councilman Farley, seconded by Councilman Wilson that Ordinance No. 366 be passed and approved on second reading with amended rate schedules attached. 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, and Councilman Wilson. Voting "No" - None Motion passed 5 to 0. ORDINANCE NO. 246-34, AN ORDINANCE OF THE CITY OF PEARLAND AMENDING ORDINANCE N0. 246, LAND USE AND URBAN DEVELOPMENT ORDINANCE - APPLICATION 43, RAY BELLEW & SONS: Ordinance No. 246-34 was read in full by Councilman Gray. (Second Reading) It was moved by Councilman Gray, seconded by Councilman Reid that Ordinance No. 246-34 be passed and approved on second and final reading. Said Ordinance No. 246-34 reads in caption as follows: 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 Wilson, Councilman Reid, Councilman Farley, Councilman Frauenberger, and Councilman Gray. Voting "No" - None Motion passed 5 to 0. MEETING RECESSED AT 8:42 P.M. - RECONVENED AT 8:58 P.M. STREET ASSESSMENT ON LYNN DRIVE: Mr. Joe Fowler, owner of a home in the second block of Lynn Drive, had appeared before the City Council at the last regular meeting requesting that his assessment be at $1.25 per front foot, the same as the first block of Lynn. The Council requested that an investigation be made to determine if this second block on Lynn had ever been topped. A long time resident of the Mimosa Acres area advised that both blocks of Lynn had been topped; however, the second block of Lynn deteriorated rapidly due to heavy concrete trucks. It was moved by Councilman Farley, seconded by Councilman Frauenberger that the people in the second block of Lynn Drive in Mimosa Acres be assessed $1.25 per front foot, and those people who have already paid $2.00 per front foot be reimbursed for the difference. Money to be paid from the Street Improvement Assessment Fund. Motion passed 5 to 0. DIVISION OF SOUTH 35 FT. OF LOT 9 AND ALL OF LOT 10, CLEAR CREEK ESTATES INTO TWO BUILDING LOTS: It was moved by Councilman Reid, seconded by Councilman Frauenberger that the requests by Mrs. Lawrence Hameker for the division of the South 35 feet of Lot 9 and all of Lot 10 into two building/ boe approved. Motion passed 5 to 0. POM 33 BUILDING PERMIT - LOT 180, BLOCK 4, GREEN TEE TERRACE - REQUEST TO RECONSIDER PREVIOUS COUNCIL MOTION: City Attorney Williams advised that it was still his recommendation that all building permits be held on this lot until the problem is resolved by the property owners. It was moved by Councilman Reid, seconded by Councilman Farley that no action be taken on this item. Motion passed 5 to 0. NEW BUSINESS: RESOLUTION NO. R77-30, A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE APPLICATION TO APPLY FOR FEDERAL FUNDS UNDER TITLE IX OF THE OLDER AMERICANS ACT: Resolution No. R77-30 was read by Councilman Reid. It was moved by Councilman Reid, seconded by Councilman Wilson that Resolution No. R77-30 be passed and approved on first and only reading. Said Resolution reads in caption as follows: RESOLUTION NO. R77-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR OF SAID CITY,TO EXECUTE THE NECESSARY APPLICATION INSTRUMENTS TO APPLY TO THE HOUSTON- GALVESTON AREA COUNCIL ON BEHALF OF THE FUCDA UNDER TITLE IX OF THE OAA (Older Americans Act). Voting "Aye" - Councilman Wilson, Councilman Reid, Councilman Farley, Councilman Gray and Councilman Frauenberger. Voting "No" - None Motion passed 5 to 0. REQUEST BY J. W. GARTRELL FOR VARIANCE IN SUBDIVISION ORDINANCE: City Attorney Williams advised the City Council could not approve a variance in the Subdivision Ordinance. Any variance in the Ordinance would have to be by amendment to the Ordinance. Mr. Gartrell earlier in the meeting asked that a variance be granted to permit a 28 ft. wide concrete street with open ditches in Longwood Park, Section II. It was moved by Councilman Farley, seconded by Councilman Wilson that the item be passed at this time. Motion failed 3 to 2. Councilman Frauenberger, Councilman Gray, and Councilman Reid opposed. It was moved by Councilman Reid that the City Manager and City Attorney be authorized to prepare an amendment to the Subdivision Ordinance for council consideration. Motion died for lack of second. It was moved by Councilman Gray, seconded by Councilman Frauenberger that the Subdivision Committee prepare an amendment to the Subdivision Ordinance to present to the Council at the next regular meeting. Motion passed 3 to 2. Councilman Farley and Councilman Wilson opposed. REQUEST BY LAN BENTSEN FOR SANITARY SEWER SERVICE TO TRACT 111A, ABSTRACT 147: This item passed until a report is received from the City Manager. CHANGE OF LAST REGULAR MEETING DATE IN DECEMBER TO DECEMBER 27, 1977 DUE TO CHRISTMAS HOLIDAY: It was moved by Councilman Farley, seconded by Councilman Wilson that the last regular Council meeting in Decemberbe held on December 27, 1977 due to Christmas Holiday. Motion passed 5 to 0. 134 LAND USE CHANGES: APPLICATION NO. 45 - ROY C. POWERS - APPLICATION NO. 46 - SHUKANES & ARMBURSTER: Mayor McComb read the report from the Planning & Zoning Commission wherein they recommended that Application No. 45, Roy Powers be changed to R-2 and Application No. 46, Shukanes and Armbruster be changed to R-2. It was moved by Councilman Gray, seconded by Councilman Frauenberger that the report from the Planning & Zoning Commission on Applications 45 and 46 be received into the records of the City and that a Public Hearing before the City Council be called on December 27, 1977 under Docketed Public Hearings of the regular agenda. Motion passed 5 to 0. APPLICATION NO. 47. ALVIN PAMPELL: It was moved by Councilman Reid, seconded by Councilman Wilson that a Public Hearing be called before the Planning $ Zoning Commission on December 20, 1977 at 7:30 P.M. Motion passed 5 to 0. AWARD OF PICKUP TRUCK BID NO. B77-20: City Manager Wolff advised that it was his recommendation that the pickup truck bids be awarded to Kliesing Motor Company as the lowest and best bidder. It was moved by Councilman Gray, seconded by Councilman Frauenberger that Bid No. B77-20 be awarded to Kliesing Motor Company for four Chevrolet pickup trucks in the amount of $15,171.00 as the lowest and best bid. Motion passed 5 to 0. BID NO. B77-21, RESTROOM FACILITY - INDEPENDENCE PARK: City Manager Wolff advised that he felt that the bids submitted were too high and that all bids submitted should be rejected. He suggested that this project be rebid at the same time as the bathhouse is advertised by the City for bids. It was moved by Councilman Wilson, seconded by Councilman Gray that all bids received under Bid No. B77-21 be rejected by the City Council and that this project be rebid again at a later date. Motion passed 5 to 0. OTHER BUSINESS: It was moved by Councilman Gray, .seconded by Councilman Reid that Councilman Wilson's absence from the regular meeting of November 14, 1977 be shown as excused absence. Councilman Wilson was attending an E.M.S. Meeting in Ft. Worth, Texas. Motion passed 4 to 0. Councilman Wilson abstained. EXECUTIVE SESSION: The meeting was recessed at 9:45 P.M. for an Executive Session on Personnel - Texas Open Meeting's Law, Section 2, Subsection (g). ADJOURNMENT: The meeting was reconvened to open session at 10:20 PM and the meeting was adjourned. Minutes approved as submitted and/or corrected this 1--2- day of A. D., 1977. ATTEST' ity Secretary / �Z�l✓ %/1� C'�cl� Mayor