1978-01-09 CITY COUNCIL REGULAR MEETING MINUTES145
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
HELD ON JANUARY 9, 1978, 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. The Pledge of Allegiance was led
by Councilman Frauenberger.
BID OPENINGS:
BID NO. B77-24, BURNER FOR LANDFILL:
Contex Systems, Inc. Dri-all Air Curtin Destructor $10,228.00
Model ACB-21-Portable Unit
PM" It was moved by Councilman Reid, seconded by Councilman Farley that the bid be
received into the records and referred to the City Manager for tabulation and
recommendation. Motion passed 5 to 0.
PROPOSALS FOR OFFICIAL NEWSPAPER:
Proposals opened as follows:
The Alvin Sun Legal Rate 5� per word
The Journal Legal Rate 7� per word
It was moved by Councilman Gray, seconded by Councilman Frauenberger that the
proposals be received into the records of the City and referred for tabulation
and recommendation. Motion passed 5 to 0.
APPROVAL OF MINUTES:
It was moved by Councilman Gray, seconded by Councilman Wilson that the minutes of
the regular meeting held on December 27, 1977 be approved as submitted. Motion
passed 5 to 0.
MAYOR'S ACTIVITY REPORT:
Mayor McComb reported that he and the City Manager met with Lan Bentsen the
developer who proposes to build apartments on the Disson Estate property located
on Old Alvin Road. Mr. Bentson was advised that the City did not have the funds
available to pay for the extension of sewage lines to this property. Mr. Bentson
was going to relay this information to his office to see whether or not his firm
could pay the entire cost of the sewage line.
146
COUNCIL ACTIVITY REPORTS: None
DEPARTMENTAL REPORTS: None
CITIZENS:
E. C. Carlson, C.B.S. Development Company, appeared before the City Council to
discuss a proposed 105 acre industrial development adjacent to the railroad
and fronting on Walnut Street. Mr. Carlson outlined the following items in his
request to appear: 1. Third Street through to Pearland Sites Road; 2. C.B.S.
Drive to connect with Sacramento; 3. Concrete or asphalt?; 4. Width of streets
and easements? Mr. Carlson advised that he wanted to install asphalt streets
with curbs and gutters in this development if he could get approval of the City
Council.
City Manager Wolff advised that he felt that the Walnut Street crossing would
be of great benefit to the property; however, a railroad crossing on Third
Street with extension of the street to Pearland Sites Road and possibly to
McLean Road would be desirable. Mayor McComb advised Mr. Carlson that a variance
was not permitted in the Subdivision Ordinance and the only method would be by
amendment to the ordinance.
Mr. Walt Lackey, representative of the Chamber of Commerce, appeared before
the City Council and asked for the Depot Building for use by the Chamber of
Commerce as an office. Mr. Lackey advised that the Chamber hoped that someone
would provide a site, and he felt that the Chamber would be able, through various
activities, to restore the building.
Mrs. Abbie Wellhausen of 2408 Creekridge, Pearland, Texas, appeared before the
City Council and advised that she would like to sell Lot 6, Block 1, McGinnis
Subdivision; however, she wanted to retain 15 feet from this lot since her
house located on Lot 7, Block 1 was built very close to the line. The dimensions
of Lot 6 after the 15 foot was excluded would be 127.22 ft. x 330.30 ft. x 127.47
ft. x 323.28 ft.
DOCKETED PUBLIC HEARINGS:
I. PUBLIC HEARING ON STREET ASSESSMENT - WOODY ROAD from the
South right-of-way line of Lynn Drive extended to the North
right-of-way line of West Broadway (F.M. 518), approximately
1,950 feet.
Mayor McComb explained the purpose of the Hearing to the audience and advised them
that any persons owning property abutting the section of Woody Road covered by
this Hearing would be given an opportunity to speak.
TESTIMONY ON BEHALF OF THE CITY: Mr. Malcolm Collins, Engineer for the City
testified that before the improvements to the portion of Woody covered by this
Hearing were made it was a shell roadway approximately 16 to 18 feet in width.
He testified that the road was improved by adding construction of a 241 asphalt
surface, double penetration type, on a 27' compacted crushed concrete base 71-2"
in depth.
Mayor McComb asked if anyone in the audience owning property abutting this street
would like to ask questions of the City Manager.
Mr. Hoyt Green and Mr. Bill Bachtel complained that the road was in very poor
condition and there was not sufficient base to hold up to the type of traffic on
Woody Road. They also complained about the bar ditches not being cleaned out.
Mayor McComb recessed the Hearing until January 23, 1978 so that the matter could
be investigated by the City Engineer, City Manager Wolff, and Ronald Wicker.
UNFINISHED BUSINESS:
FINAL APPROVAL OF ORANGE COUNTRY, SECTION II AND RELEASE OF BUILDING PERMITS:
City Manager Wolff reported that the several items listed in City Engineer Malcolm
Collins' letter of December 23, 1977 have been corrected, and he felt that the
subdivision was now ready for final approval and release of the building permits.
The Engineer had pointed out that sanitary sewer cleanouts just on the east side
of Orange Circle East should have a concrete slab poured around them with cast
iron caps. Mr. Wolff advised that the two pipes terminate a curve, and he felt
that it would be more advisable to wait until the building permit on these two
lots was issued and a determination made as to where the driveway was going to
be before these are set in concrete.
It was moved by Councilman Reid, seconded by Councilman Wilson that based on the
recommendation of the City Manager the final approval of Orange Country, Section
II be approved with the exception of the waiver of two cleanout boots as
specified by the City Manager, and release of building permits be allowed on
all lots. Motion passed 5 to 0.
ORDINANCE NO. 367, AN ORDINANCE OF THE CITY OF PEARLAND CLOSING THE HEARING ON
SPECIAL ASSESSMENTS - WASHINGTON AVENUE:
,... Ordinance No. 367 was read in full by Councilman Gray and Councilman Farley.
(Second Reading)
It was moved by Councilman Gray, seconded by Councilman Wilson that Ordinance
No. 367 be passed and approved on second and final reading. Said Ordinance
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
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 IMPROVE-
MENTS TO SAID PORTIONS OF SAID PUBLIC STREET; DECLARING THE
AMOUNT OF ASSESSMENT AGAINST THE SAID ABUTTING PROPERTIES,
AND DECLARING AN EFFECTIVE DATE.
Voting "AYE" - Councilman Wilson, Councilman Reid, Councilman Farley, Councilman
Gray, and Councilman Frauenberger.
Voting "NAY" - None Motion passed 5 to 0.
ORDINANCE NO. 368, AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ACCEPTING STREET
IMPROVEMENTS ON WASHINGTON AVENUE:
Ordinance No. 368 was read in full by Councilman Wilson. (Second Reading)
It was moved by Councilman Wilson, seconded by Councilman Reid that Ordinance No.
368 be passed and approved on second and final reading. Said Ordinance reads
in caption as follows:
ORDINANCE NO. 368
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ACCEPTING STREET
IMPROVEMENTS ON WASHINGTON AVENUE.
14
Voting "AYE" - Councilman Frauenberger, Councilman Gray, Councilman Farley,
Councilman Reid, and Councilman Wilson.
Voting "NAY" - None Motion passed 5 to 0.
GARBAGE TRUCK BID NO. B77-22:
City Manager Wolff advised the City Council that we failed to include a trade-in
with this bid, and he recommended that the City Council reject all bids and
rebid this item with a trade-in.
It was moved by Councilman Farley, seconded by Councilman Frauenberger that all
bids be rejected under Bid No. B77-22 and that the item be rebid with a trade-in.
Motion passed 5 to 0.
TRUCK ROUTES:
It was moved by Councilman Gray, seconded by Councilman Wilson that an amendment
be prepared to Ordinance 315 showing the truck routes as outlined in Ronald
Wicker's letter to the City Council on January 5, 1978. Motion passed 5 to 0.
NEW BUSINESS:
REDUCTION OF LOT 6, BLOCK 1, McGINNIS SUBIDIVISON - REQUEST BY MRS. ABBIE
WELLHAUSEN:
The request of Mrs. Wellhausen was brought before the Council for consideration.
A discussion was held regarding the reducing of any lot in a platted subdivision;
however, it was noted that this subdivision was platted before the incorporation
of the City with large lots of one acre or over, and Mrs. Wellhausen had occupied
a home on Lot 7 for many years.
It was moved by Councilman Farley, seconded by Councilman Frauenberger that the
City Council approve the reduction of 15 feet in Lot 6, Block 1, McGinnis
Subdivision as requested by Mrs. Wellhausen contingent to it not interfering
with any easements. Motion passed 4 to 1. Councilman Wilson opposed.
PEARLAND INDUSTRIAL PARK:
A discussion was held with Mr. Carlson, and he was advised that no assurance
could be given that the Subdivision Ordinance would be amended to permit asphalt
streets instead of concrete streets by the time he planned to start on his
project. It was explained that it was under consideration by a committee;
however, no formal action has been taken by the Council. Mr. Carlson advised
that asphalt would be a little over $400,000.00 and concrete would be $600,000.00
for the first phase. He stated that this amount might be the difference as to
whether or not they could go ahead price wise and still be competitive. It was
brought out that the extension of Third Street should be 80 feet since it would
be an arterial street as the City could not afford to pay for the installation of
a railroad crossing and not have a street that would benefit all of the citizens.
The developers were also advised that additional right-of-way would be needed
on Walnut Street for future planning.
DEPOT BUILDING:
Mayor McComb appointed Councilman Frauenberger to work with the Chamber of
Commerce and have Councilman Reid help him by passing on all the data he has
gathered. When the details have been worked out it will be placed on the agenda
again for consideration.
UM
RESOLUTION NO. R78-1, A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACT WITH
MARMON, MOK, & GREEN:
Resolution No. R78-1 was read in full by Councilman Reid.
It was moved by Councilman Gray, seconded by Councilman Reid that Resolution No.
R78-1 be passed and approved on first and only reading. Said Resolution reads in
caption as follows:
F_ RESOLUTION NO. R78-1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BY AND
BETWEEN THE CITY OF PEARLAND, AND MARMON, MOK, & GREEN, INC.
Voting "AYE" - Councilman Frauenberger, Councilman Gray, Councilman Farley,
Councilman Reid and Councilman Wilson.
Voting "NAY" - None
Motion passed 5 to 0.
The above resolution subject to approval and issuance of Time Warrants to cover
the cost of the agreement.
RESOLUTION NO. R78-2, A RESOLUTION DESIGNATING JOINT REPRESENTATIVES TO HOUSTON-
GALVESTON AREA EXECUTIVE COMMITTEE:
Resolution No. R78-2 was read in full by Councilman Frauenberger.
It was moved by Councilman Frauenberger, seconded by Councilman Farley that
Resolution No. R78-2 be passed and approved on first and only reading. Said
Resolution reads in caption as follows:
RESOLUTION NO. R78-2
DESIGNATION OF JOINT REPRESENTATIVES TO HOUSTON-GALVESTON
AREA COUNCIL EXECUTIVE COMMITTEE 1978.
Mayor McComb called for a recess at 9:30 P.M. - reconvened at 9:35 P.M.
Voting "AYE" on Resolution No. R78-2 - Councilman Frauenberger, Councilman Gray,
Councilman Farley, Councilman Reid, and Councilman Wilson.
Voting "NAY" - None
Motion passed 5 to 0.
ORDINANCE NO. 246-36, ROY C. POWERS, APPLICATION NO. 45:
Ordinance No. 246-36 was read in full by Councilman Frauenberger. (First Reading)
It was moved by Councilman Frauenberger, seconded by Councilman Gray that Ordinance
No. 246-36 be passed and approved on first reading. Said Ordinance reads in
caption as follows:
ORDINANCE NO. 246-36
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN
r 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
Gray, and Councilman Frauenberger.
Voting "NAY" - None Motion passed 5 to 0.
ORDINANCE NO. 246-37, SHUKANES AND ARMBRUSTER - APPLICATION NO. 46:
Ordinance No. 246-37 was read in full by Councilman Reid. (First Reading)
It was moved by Councilman Reid, seconded by Councilman Wilson that Ordinance No.
246-37 be passed and approved on first reading. Said Ordinance reads in caption
as follows:
ORDINANCE NO. 246-37
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 Farley,
Councilman Reid, and Councilman Wilson.
Voting "NAY" - None
Motion passed 5 to 0.
AWARD OF BID NO. B77-24, BURNER FOR LANDFILL:
City Manager Wolff recommended that the City Council accept the bid received from
the Contex Systems, Inc. for an Air Curtin Destructor in the amount of $10,228.00.
It was moved by Councilman Farley, seconded by Councilman Reid that Bid No. B77-24
be awarded to Contex Systems, Inc. for an Air Curtin Destructor in the amount of
$10,228.00. Funds to cover this item to be expended from the Landfill Bond Fund.
Motion passed 5 to 0.
DESIGNATION OF OFFICIAL NEWSPAPER AND AUTHORIZING THE MAYOR TO EXECUTE AGREEMENT:
It was moved by Councilman Gray, seconded by Councilman Reid that the Journal be
designated as the official newspaper of the City of Pearland and the Mayor be
authorized to execute an agreement with the Journal for 7¢ per word as cost for
legal publications. Motion passed 5 to 0.
APPROVAL OF INVOICE BY BROWN 4 ROOT FOR PARK ROADS:
It was moved by Councilman Gray, seconded by Councilman Wilson that the City
Manager be authorized to issue a check to Brown & Root, Inc. in the amount of
$107,542.80 for the park road project upon verification of quantities by the
City Engineer. Motion passed 5 to 0.
OTHER BUSINESS:
Meeting recessed at 9:45 P.M. for Executive Session - Texas Open Meeting's Law
Section 2, Subsection (g) Legal.
ADJOURN: Meeting adjourned at 11:00 P.M.
Minutes approved as submitted and/or corrected this
0 A. D., 1978.
mayor
,�13 day of
ATTEST:
L
ity Secretary