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1977-12-27 CITY COUNCIL REGULAR MEETING MINUTES_I_ 0 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON DECEMBER 27, 1977, AT 7:30 P.M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARLAND. TEXAS. Mayor Carlton McComb Councilman Harry Farley Councilman Dennis Frauenberger Councilman Tom Reid Councilman Terry Gray Councilman Morris Wilson City Manager William E. Wolff City Secretary Dorothy L. Cook Absent from the meeting: City Attorney Bobby Williams INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Councilman Reid. The Pledge of Allegiance was led by Councilman Wilson. BID OPENINGS: Bid No. B77-22 - GARBAGE TRUCK (CHASSIS AND BODY): VENDOR MAKE GASOLINE -OPTION 1 DIESEL OPTION 1 & 2 Gulf States Crane & 1977 or 1978 Ford $30,033.00 $35,285.00 Equipment Company LN800 or Equivalent Davis Truck & Equip- 1977 or 1978 Ford $26,000.00 $31,560.00 ment Company LN800 or Equivalent It was moved by Councilman Wilson, seconded by Councilman Reid that the bids be received into the records and referred to the appropriate department for tabulation and recommendation. Motion passed 5 to 0. Bid No. B77-23 - TRAFFIC SIGNS AND HARDWARE: VENDOR Vulcan Signs & Stampings, Inc. TOTAL OF ALL ITEMS BID $7,939.56 It was moved by Councilman Reid, seconded by Councilman Gray that the bid be received into the records and referred to the appropriate department for tabulation and recommendation. Motion passed 5 to 0. APPROVAL OF MINUTES: It was moved by Councilman Gray,seconded by Councilman Frauenberger that the P-14 minutes of the regular meeting held on December 12, 1977 be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor McComb advised that he would like for the City Council to consider placing an amendment, along with those submitted by the Charter Review Commission, eliminating the section limiting the elected terms of office for Councilmen to two full consecutive elected terms. COUNCIL ACTIVITY REPORTS: None 140 DEPARTMENTAL REPORTS: City Manager Wolff reported that he has reviewed the cost and sizing of the sanitary sewer service to the Disson property and found that most of the engineering work was done for us by our Engineer when he designed the Walnut Street sewer. This indicated that the ultimate size of this line would be an 18" line down Old Alvin Road that would go all the way down to the intersection of Highway 35. The approximate cost of an 18" line, 10 to 12 feet deep would be $21.00 per foot. The cost of an 8" line to serve the Disson property and installed 6 to 8 feet deep would be approximately $6.50 per foot. If the Council -- is desirous of installing the optimum size line, the estimated cost for this 650 foot portion would be approximately $13,650.00. If the 8" line was laid with the thought that it would later be replaced by a larger line, then the 8" line could be installed for approximately $4,225.00. To this amount should be added about $2,000.00 for street repair. Mr. Wolff advised that if the ultimate size of line is laid, he felt that there was an obligation on the part of the City to participate in the cost of the 18" line for excess size and depth. If the 8" line is laid, then the cost should be borne by the developer. Also, if the airport property should develop in the near future, it would take a larger line than 8" to serve this property. Mr. Wolff advised that there was not enough room on Old Alvin Road to install two lines. Mayor McComb advised the City Council that no money was allocated in this budget for such a project and suggested that the City Manager advise the developer that we do not have the money and this item be tabled until the developer comes in with a monetary solution. It was moved by Councilman Farley, seconded by Councilman Frauenberger that this matter be tabled until we get some input from the developer of his desires. Motion passed 5 to 0. MEETING RECESSED AT 8:00 P.M. - RECONVENED AT 8:10 P.M. CITIZENS: Weldon Parkhill was on the agenda to speak; however, he was not present. Bert Jamison appeared before the City Council with an inquiry as to why he was turned down on his farm exemption by the Tax Assessor. Mayor McComb advised that the law did not permit the City Council to overrule a decision by the Tax Assessor -Collector. Mrs. Frances Jamison discussed the forms used for declaring farm exemptions. DOCKETED PUBLIC HEARINGS: I. RECONVENE PUBLIC HEARING ON STREET ASSESSMENTS ON WASHINGTON AVENUE. Mayor McComb reconvened the Public Hearing on Street Assessments on 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. Ordinance No. 367 was read by Councilman Gray and Councilman Farley (First Reading). Said Ordinance No. 367 reads in caption as follows: ORDINANCE NO. 367 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, CLOSING THE HEARING ON SPECIAL ASSESSMENT AGAINST THE OWNERS OF CER- TAIN REAL PROPERTY ABUTTING CERTAIN PORTIONS OF WASHINGTON 141 AVENUE WITHIN THE CITY OF PEARLAND, TEXAS; FINDING AND DETERMINING THE SPECIAL BENEFITS TO EACH PARCEL OF ABUTTING PROPERTY AND THE ENHANCEMENT OF VALUE OF EACH PARCEL OF ABUTTING PROPERTY BY REASON OF THE CONSTRUCTION OF IMPROVEMENTS TO SAID PORTIONS OF SAID PUBLIC STREET; DECLARING THE AMOUNT OF ASSESSMENT AGAINST THE SAID ABUTTING PROPERTIES, AND DECLARING AN EFFECTIVE DATE. Ordinance No. 368 was read in full by Councilman Frauenberger (First Reading). Said Ordinance No. 368 reads in caption as follows: ORDINANCE NO. 368 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ACCEPTING STREET IMPROVEMENTS ON WASHINGTON AVENUE. Mayor McComb asked for any additional testimony from citizens living along the portion of Washington Avenue that was improved, and hearing none, called for a vote on the two ordinances read. It was moved by Councilman Gray, seconded by Councilman Wilson that Ordinance No. 367 be passed and approved as corrected on first of two readings. Voting "Aye" - Councilman Wilson, Councilman Reid, Councilman Farley, Councilman Gray and Councilman Frauenberger. Voting "No" - None Motion passed 5 to 0. It was moved by Councilman Frauenberger, seconded by Councilman Wilson that Ordinance No. 368 be passed and approved on first of two readings. MMO Voting "Aye" - Councilman Frauenberger, Councilman Gray, Councilman Farley, Councilman Reid, and Councilman Wilson. Voting "No" - None Motion passed 5 to 0. II. ROY C. POWERS, RT. 1, BOX 9, ALVIN, TEXAS, REQUEST FOR CHANGE IN LAND USE, APPLICATION 45, FROM PU TO R-2 ON THE FOLLOWING DESCRIBED PROPERTY TO -WIT: 14.421 acres of Lot or Tract 11 of the Subdivision of Section 5, H.T. & B. RR. Company Survey, Abstract 237, in Brazoria County, Texas, according to the map and plat of said subdivision as the same appears of record in volume 28, Page 6, of the Deed Records of Brazoria County, Texas. PERSONS WISHING TO SPEAK FOR THE PROPOSED LAND USE CHANGE: Roy C. Powers and Gene E. Sanders PERSONS WISHING TO SPEAK AGAINST THE PROPOSED LAND USE CHANGE: None QUESTION AND ANSWER PERIOD: Councilman Reid pointed out that the site map +^ shown with application should show the city limits line extending to Hatfield Road. ADJOURN HEARING: III. STEVE SHUKANES AND DR. DAVID ARMBURSTER, PEARLAND, TEXAS, REQUEST FOR CHANGE IN LAND USE, APPLICATION 46, FROM PU TO R-2 ON THE FOLLOWING DESCRIBED PROPERTY TO -WIT: 23.27 acres (called 23.25 acres) out of the W.D.C. Hall League, Abstract 70, Brazoria County, Texas, and being more particularly described as Tract No. 4 of the parti- tion of the Yost heirs as shown on the map or plat of record in Volume 6, Page 142 of the Plat Records of Brazoria County, Texas. 142 PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE IN LAND USE: Jeff Nelson PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE IN LAND USE: None QUESTION AND ANSWER PERIOD: Councilman Farley asked if this property was located adjacent to Sldepy Hollow and Woodcreek Subdivisions and he was advised that this was correct. ADJOURN HEARING: UNFINISHED BUSINESS: APPLICATION NO. 45 - ROY C. POWERS: It was moved by Councilman Reid, seconded by Councilman Wilson that the City Attorney prepare an ordinance for submission to the City Council for a change in land use as requested in Application No. 45, Roy C. Powers. Said Ordinance to be placed on the next regular agenda. Motion passed 5 to 0. APPLICATION NO. 46 - SHUKANES AND ARMBRUSTER: It was moved by Councilman Farley, seconded by Councilman Gray that the City Attorney prepare an ordinance for submission to the City Council for a change in land use as requested in Application No. 46, Shukanes and Armbruster. Said Ordinance to be placed on the next regular agenda. Motion passed 5 to 0. MEETING RECESSED AT 8:50 P.M. - RECONVENED AT 8:55 P.M. NEW BUSINESS: RESOLUTION NO. R77-32, A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACT ON BEHALF OF CITY - AGREEMENT WITH BROOKSIDE FOR E.M.S.: Resolution No. R77-32 was read in full by Councilman Wilson. It was moved by Councilman Wilson, seconded by Councilman Farley that Resolution No. R77-32 be passed and approved on first and only reading. Said Resolution No. R77-32 reads in caption as follows: RESOLUTION NO. R77-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF PEARLAND AND THE CITY OF BROOKSIDE. Voting "Aye" - Councilman Wilson, Councilman Reid, Councilman Farley, Councilman Gray and Councilman Frauenberger. Voting "No" - None Motion passed 5 to 0. COUNTY ROAD ALLOCATIONS FOR 1978: A letter dated December 22, 1977 from W. H. Hershey, County Engineer advised the City that the 1978 Budget for the Commissioner's Precinct 3 of Brazoria County has provided $15,000.00 to be expended for roadway and drainage work — within the corporate limits of the City of Pearland. A discussion was held regarding the use of the funds for improving Old Alvin Road, particularly in the area from Orange to Walnut. Councilman Gray stated that the Traffic Engineering Study recently submitted to the City indicated that Orange Street had the highest volume of traffic. Mayor McComb advised that it had been the practive of the City to allocate these funds each year to different sections of the City needing road improvements such as east side, center and west side of town. It was moved by Councilman Reid, seconded by Councilman Wilson that the County road allotment be designated as Old Alvin Road. Motion passed 4 to 1. Councilman Gray opposed. RECOMMENDATION OF TRAFFIC ENGINEERING PLAN FOR TRUCK ROUTES: A discussion was held regarding the recommendation of the Traffic Engineering Plan on truck routes through the City of Pearland. This firm recommended that only two arterial thoroughfares be designated as truck routes. This would be State Highway 35 and F.M. 518. They also recommended that certain sections of McLean Road and Magnolia Road be designated a truck route, but it was not necessary at this time. The amendment of Ordinance No. 315 previously passed designating certain streets as truck routes was discussed. It was moved by Councilman Reid, seconded by Councilman Wilson that this item be passed to allow further consideration. Motion passed 5 to 0. PRELIMINARY AND FINAL PLAT - GILBERT AND THOMAS INDUSTRIAL TRACTS: The preliminary and final plat of the Gilbert $ Thomas Industrial Tracts were brought before the City Council for consideration. It was moved by Councilman Farley, seconded by Councilman Wilson that the preliminary and final plat of Gilbert $ Thomas Industrial Tracts be approved. Motion passed 5 to 0. PUBLIC HEARINGS: APPLICATION NO. 47, ALVIN PAMPELL: The report of the Planning and Zoning Commission dated December 22, 1977 recommended that the Zoning Commission had no objections to the request of Mr. Alvin Pampell for a zone change from GB to Commercial. It was moved by Councilman Reid, seconded by Councilman Frauenberger that a public hearing be called before the City Council on Application No. 47, Alvin Pampell under Docketed Public Hearings of the regular agenda of January 23, 1978. Motion passed 5 to 0. APPLICATION NO. 48, GENE E. SANDERS: Application No. 48 by Gene E. Sanders for a zone change from PU to M-1 was submitted to the City Council for call of a public hearing before the Planning and Zoning Commission. It was moved by Councilman Frauenberger, seconded by Councilman Gray that a r.. Public Hearing be called before the Planning and Zoning Commission on Application No. 48, Gene E. Sanders request for a Land Use Change, at 7:30 P.M., January 17, 1978. Motion passed 5 to 0. APPLICATION NO. 49, GABRIEL BAIZAN, AGENT: Application No. 49 by Gabriel Baizan for a zone change from PU to M-1 and PU to Commercial was submitted to the City Council for call of a public hearing before the Planning and Zoning Commission. It was moved by Councilman Frauenberger, seconded by Councilman Gray that a Public Hearing be called before the Planning and Zoning Commission on Application No. 49, Gabriel Baizan request for a Land Use Change, at 7:30 P.M., January 17, 1978. Motion passed 5 to 0. 14-4 AWARD OF BID NO. B77-22, GARBAGE TRUCK: This item passed at this time. AWARD OF BID NO. B77-23, SIGN FACES, ETC: City Manager Wolff recommended that the bid received by the Vulcan Sign and Stamping Company be accepted. It was moved by Councilman Reid, seconded by Councilman Frauenberger that Bid No. B77-23 be awarded to the Vulcan Sign and Stamping Company in the amount of $7,939.56. Motion passed 5 to 0. — OTHER BUSINESS: EXECUTIVE SESSION ON PERSONNEL - 9:35 P.M. RECONVENED TO OPEN MEETING - 10:30 P.M. ADJOURN: Meeting adjourned at 10:31 P.M. Minutes approved as submitted and/or corrected this day of A. D., 1978. V/ V ATTEST: Mayor City Secretary ,