1978-01-23 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
HELD ON JANUARY 23, 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 S. 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 Gray.
APPROVAL OF MINUTES:
It was moved by Councilman Reid, Seconded by Councilman Wilson that the
minutes of the regular meeting held on January 9, 1978 be approved as submitted.
Motion passed 5 to 0.
MAYOR'S ACTIVITY REPORT:
P"O. Mayor McComb read a Resolution passed by the City of Galveston expressing
appreciation to area fire departments and police departments for their assistance
in the recent elevator fire in Galveston. A copy of the Resolution was presented
to the Chief of the Pearland Volunteer Fire Department.
Mayor McComb administered the Oath of Office to the following members of the
Pearland Volunteer Fire Department: L. E. Reagan, Jr., Chief; Hubert J. Munsch,
Jr., Assistant Chief; Mark Reifk, Secretary; James E. Truett, Treasurer;
Thomas A. White, Trustee; Bruce L. Haseltine, Trustee and Lieutenant of Station
#3; Thomas W. Gant, Trustee; Joseph C. Cullison, Jr., Chaplin; Quinton P.
Jamison, Captain of Station #l; Ray L. Blaylock, Jr., Lieutenant of Station #1;
Joe Barnett, Captain of Station #2; John J. Hajovsky, Lieutenant of Station #2;
Larry J. Steed, Captain of Station #3; John Holmes, Captain of Emergency Team;
Gary M. Maynor, Lieutenant of Emergency Team; and L. E. Reagan, Jr., Training
Captain.
Mayor McComb appointed two committees as follows: (Proposed Bond Issue)
1. Councilman Wilson as Chairman and Councilman Farley, member. This committee
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is to work with the Architect, Mr. Bill Miller and the City's staff to get the
plans worked out for the proposed civic center so it can be presented to the
entire City Council at a workshop meeting.
2. Councilman Farley as Chairman, Councilman Wilson, member, and Councilman
Frauenberger, member. This committee is to work with the Planning Commission
on the update of our Building Code. There will be two goals; short range
recommendations and long range recommendations for updating the code. The
Mayor asked for the short range goals to be presented as soon as possible.
COUNCIL ACTIVITY REPORTS:
Councilman Frauenberger advised that he has met with the Chamber of Commerce on
El
the Depot Building, and they are definitely interested and are now trying to
find a permanent location for the building.
DEPARTMENTAL REPORTS: None
CITIZENS: Mr. Robert I. Ellis of 3925 Halik, Pearland, Texas appeared before
the City Council with a request that the ditches on the east side of N. Main
be cleaned. Mr. Ellis also asked that sewer service be extended to his prop-
erty as his complex housed some 95 people and the drain fields from the septic
tank lines were causing the property to rot. He advised that he had room to
build about 90,000 square feet more of floor space if he could get city sewage.
Mr. Ellis advised that he had given the city right-of-way 20 feet wide and
570 feet long for extension of sewage facilities.
Mayor McComb advised Mr. Ellis that the project was in the proposed bond issue.
DOCKETED PUBLIC HEARINGS:
1. RECONVENE 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
Woody Road.
Mayor McComb reconvened the Hearing and called for the cross examination of
the City Engineer, Malcolm Collins. No person present cross examined the
City Engineer and the witness was dismissed.
The City Attorney called Real Estate Appraiser, Jim McDevitt. Mr. McDevitt
testified that he made an inspection of the improvements to Woody Road covered
by this hearing and that the improvements made on this road enhanced the
abutting property in an amount greater than the assessment for the improvements.
He advised that the improvements to the road had in fact created a higher
market value for the property.
Mayor McComb asked if anyone would like to cross examine Mr. McDevitt, and
hearing from no individual present, dismissed the witness.
The Mayor advised that there had been some discussion on the amount of base
put on this road and that he had asked that the road be cored. City Manager
Wolff advised that the specifications called for 1,463 cu. yards of base
material, and if it was applied uniformly, it would have a base of 9 inches.
However, the records indicate that the City actually bought 1,904 yards and this
was applied to the street. Mr. Ron Wicker stated that the core tests indicated
at one point 8?" at Lynn Drive and another point 10" at the first house on the
east side of Woody from Broadway.
CLOSE OF CITY'S TESTIMONY: Mayor McComb asked if there were any citizens who
own property abutting the portion of Woody Road covered by this Hearing who
would like to present testimony before the City Council. No citizen present
asked to be heard. The property owners portion of the hearing was then closed.
Ordinance No. 369 was read by Councilman Gray and Councilman Farley. (First
Reading)
It was moved by Councilman Gray, seconded by Councilman Farley that Ordinance
No. 369 be passed and approved on first of two readings. Said Ordinance reads
in caption as follows:
ORDINANCE NO. 369
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, CLOSING THE
HEARING ON SPECIAL ASSESSMENT AGAINST THE OWNERS OF CERTAIN
REAL PROPERTY ABUTTING CERTAIN PORTIONS OF WOODY ROAD WITHIN
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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.
Voting "Aye" - Councilman Wilson, Councilman Reid, Councilman Farley,
Councilman Gray, and Councilman Frauenberger.
Voting "Nay" - None Motion passed 5 to 0.
ORDINANCE No. 370 was read in full by Councilman Wilson. (First Reading)
It was moved by Councilman Wilson, seconded by Councilman Reid that Ordinance
No. 370 be passed and approved on first of two readings. Said Ordinance reads
in caption as follows:
ORDINANCE NO. 370
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ACCEPTING
STREET IMPROVEMENTS ON WOODY ROAD.
Voting "Aye" - Councilman Frauenberger, Councilman Gray, Councilman Farley,
Councilman Reid, and Councilman Wilson.
Voting "Nay" - None Motion passed 5 to 0.
HEARING ADJOURNED: (Complete tape on file in office of City Secretary)
2. PUBLIC HEARING ON APPLICATION NO. 47, REQUEST FOR LAND USE CHANGE BY
ALVIN A. PAMPELL, TRACTS 3 & 4, being 0.837 acres, more or less, out
of and part of Lot 21, Block 20, H.T. & B. RR. CO. Survey, Abstract
542, Pearland, Texas. General Business to Commercial.
Mayor McComb read a letter dated December 22, 1977 from the Planning & Zoning
Commission recommending the requested change be granted.
PERSONS WISHING TO SPEAK FOR THE REQUESTED CHANGE: Mr. Alvin Pampell.
PERSONS WISHING TO SPEAK AGAINST THE REQUESTED CHANGE: None
QUESTION AND ANSWER PERIOD: Councilman Gray asked Mr. Pampell to describe the
dry wall business. Mr. Pampell advised that dry wall building material was
sheet rock and interior building materials.
HEARING ADJOURNED:
CHANGE IN ORDER OF BUSINESS:
NEW BUSINESS:
COUNCIL DECISION OF APPLICATION NO. 47, ALVIN A. PAMPELL:
It was moved by Councilman Frauenberger, seconded by Councilman Wilson that
the City Attorney be directed to prepare the necessary ordinance on Application
No. 47, Alvin A. Pampell's request for change from General Business to
Commercial. Motion passed 5 to 0.
CHANGE IN ORDER OF BUSINESS:
REPORT BY JOHN HUDSON, TRAFFIC ENGINEERS,INC.:
Mr. John Hudson appeared before the City Council to give an oral report of his
firm's traffic study of the City of Pearland. Mr. Hudson had previously
furnished the City a written report of his firm's findings. He advised that
his report should be considered as an operational study of the City's traffic
problems. He advised that application could be made to the State Highway
Department for Urban System Funds or Traffic Safety Funds for some of the
projects outlined in his report, namely, the widening of Orange at Highway 35
and the elimination of the offset on Broadway of Corrigan Drive and Woody Road.
MEETING RECESSED AT 8:55 P.M. - RECONVENED AT 9:05 P.M.:
SECOND AND FINAL READING OF ORDINANCE NO. 246-36, AMENDMENT TO LAND USE DISTRICT
MAP, APPLICATION NO. 45, ROY C. POWERS:
Ordinance No. 246-36 was read in full by Councilman Frauenberger. (Second Reading)
It was moved by Councilman Frauenberger, seconded by Councilman Gray that
Ordinance No. 246-36 be passed and approved on second and final reading. Said
Ordinance No. 246-36 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
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.
14.421 acres of land out of Tract 11 of the Subdivision
of Section 5, H. T. & B. RR. Co. 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.
Change from Planned Unit to Medium Density Single Family R-2.
Voting "Aye" - Councilman Gray, Councilman Frauenberger, Councilman Farley,
Councilman Reid, and Councilman Wilson.
Voting "Nay" - None Motion passed 5 to 0.
SECOND AND FINAL READING OF ORDINANCE NO. 246-37, AMENDMENT TO LAND USE DISTRICT
MAP, APPLICATION NO. 46, SHUKANES AND ARMBRUSTER.
Ordinance No. 246-37 was read in full by Councilman Reid. (Second Reading)
It was moved by Councilman Reid, seconded by Councilman Wilson that Ordinance
No. 246-37 be passed and approved on second and final 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.
23.27 acres (called 23.25 acres) out of the W.D.C. Hall
League, A-70, Brazoria County, Texas, and being more
particularly described as Tract No. 4 of the partition
of the Yost Heirs as shown on the map or plat of records
in Volume 6, Page 142 of the Plat Records of Brazoria
County, Texas. Change from Planned Unit to Medium Density
Single Family R-2.
Voting "Aye" - Councilman Wilson, Councilman Reid, Councilman Frauenberger,
Councilman Gray and Councilman Farley.
Voting "Nay" - None Motion passed 5 to 0.
ORDINANCE NO. 315-1, AMENDING THE TRUCK ROUTES:
Ordinance No. 315-1 was read in full by Councilman Gray. (First Reading)
It was moved by Councilman Gray, seconded by Councilman Wilson that Ordinance
No. 315-1 be passed and approved on first reading. Said Ordinance No. 315-1
reads in caption as follows:
ORDINANCE NO. 315-1
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER
29, ARTICLE XVI, SECTION 29-353 OF THE CODE OF ORDINANCES OF
THE CITY OF PEARLAND, TEXAS; PROVIDING AN EFFECTIVE DATE, A
SEVERABILITY CLAUSE, AND CONTAINING OTHER PROVISIONS 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.
SEWER EXTENSION TO DISSEN TRACT:
Mayor McComb advised that Mr. Lan Bentsen's letter of January 19, 1978 indicated
that he was willing to pay for the materials; however, the project will have to
be a turn -key job which would require Mr. Bentsen to pay the entire cost. City
Manager Wolff to relay this information to Mr. Bentsen.
NEW BUSINESS:
RESOLUTION NO. R78-3, A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACT ON
BEHALF OF CITY OF PEARLAND WITH.- THE PEARLAND VOLUNTEER FIRE DEPARTMENT:
Resolution No. R78-3 was read in full by Councilman Farley.
It was moved by Councilman Farley, seconded by Councilman Reid that Resolution
No. R78-3 be passed and approved on first and only reading and that this
Contract between the City of Pearland and the Pearland Volunteer Fire Department
is in lieu of any other agreements with the Pearland Volunteer Fire Department
either written or implied. Said Resolution reads in caption as follows:
RESOLUTION NO. R78-3
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 THE PEARLAND VOLUNTEER
FIRE DEPARTMENT.
Voting "Aye" - Councilman Frauenberger, Councilman Gray, Councilman Farley,
Councilman Reid and Councilman Wilson.
Voting "Nay" - None
Motion passed 5 to 0.
RESOLUTION NO. R78-4, A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACT
WITH PEARLAND AREA EMERGENCY MEDICAL SERVICE:
Resolution No. R78-4 was read in full by Councilman Wilson.
It was moved by Councilman Wilson, seconded by Councilman Reid that Resolution
No. R78-4 be passed and approved on first and only reading. Said Resolution
No. R78-4 reads in caption as follows:
RESOLUTION NO. R78-4
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 EMERGENCY MEDICAL
SERVICE.
Voting "Aye" - Councilman Frauenberger, Councilman Gray, Councilman Farley,
Councilman Reid, and Councilman Wilson.
T' Voting "Nay" - None Motion passed 5 to 0.
ORDINANCE NO. 371. CHARTER AMENDMENTS:
Ordinance No. 371 was read in full by Councilman Frauenberger. (First Reading)
It was moved by Councilman Frauenberger, seconded by Councilman Farley that
Ordinance No. 371 be passed and approved on first of two readings. Said
Ordinance reads in caption as follows:
• ORDINANCE NO. 371
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, ORDERING AN ELECTION TO BE HELD ON THE 1ST DAY OF
APRIL, 1978, DESIGNATING THE HOURS AND PLACE FOR HOLDING
SUCH ELECTION AND PROVIDING FOR SUBMISSION TO THE VOTERS
OF CERTAIN PROPOSED CHARTER AMENDMENTS.
MEETING RECESSED AT 10:00 P.M. - RECONVENED AT 10:05 P.M.
Councilman Reid moved that Article 4, Section 4.12 of Ordinance No. 371
read as follows:
ARTICLE 4, SECTION 4.12 DEPARTMENT OF PARKS, RECREATION AND
BEAUTIFICATION:
The City Council shall appoint an advisory parks, recreation, and
beautification board. The advisory parks, recreation, and beautification board shall
study the recreation, park facilities, and beautification programs of the City
and shall confer with the City Manager and advise him with respect to the
development and use of the City's parks, the recreation programs, and City
beautification. The advisory parks, recreation, and beautification board shall
recommend to the City Council rules for the use of parks, public grounds, and
recreation facilities consistent with the ordinance of the City and the statutes
of the State of Texas and appropriate programs for the beautification of the City.
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Seconded by Councilman Gray. Motion passed 5 to 0.
Mayor McComb called for a vote on the original motion as amended.
Voting "Aye" - Councilman Wilson, Councilman Reid, Councilman Farley,
Councilman Gray, and Councilman Frauenberger.
Voting "Nay" - None Motion passed 5 to 0.
REPORT BY PLANNING AND ZONING COMMISSION AND CALL OF PUBLIC HEARINGS:
APPLICATION NO. 48, GENE E. SANDERS -APPLICATION NO. 49, GABRIEL BAIZAN:
Mayor McComb read a letter from the Planning & Zoning Commission dated January
19, 1978 advising that Application No. 48, Gene E. Sanders request for change
in Land Use be accepted subject to the applicant amending his application to
show a Land Use Change from PU to M-1 instead of M-2 as requested.
Mayor McComb advised that Mr. Sanders had filed the amended application as
requested by the Planning & Zoning Commission. Mayor McComb read a letter
from the Planning & Zoning Commission dated January 19, 1978 advising that
Application No. 49, Gabriel Baizan's request for Land Use Change be accepted.
It was moved by Councilman Farley, seconded by Councilman Frauenberger that a
Public Hearing be called before the City Council under Docketed Public Hearings
of the regular agenda on February 13, 1978 for Application No. 48 as amended
and filed by Gene E. Sanders and Application No. 49 as filed by Gabriel Baizan.
Motion passed 5 to 0.
TRANSFER OF REVENUE SHARING FUNDS:
A motion was made by Councilman Wilson, seconded by Councilman Farley that a
public hearing on transfer of revenue sharing funds be held under Docketed
Public Hearings of the regular agenda on February 13, 1978. Motion passed
5 to 0.
CAPITAL IMPROVEMENTS:
Mayor McComb advised that since the last workshop meeting some other input and
requests have been received for capital improvements:
1. Extension of Mykawa Road to West Broadway.
2. Deletion of water line along Scott Street from Mykawa Road east to
Old Alvin Road.
3. Addition of water line from Orange Street at Old Alvin Road, along
Old Alvin Road north to Twin Creek Woods Subdivision.
4. Extension of existing water line on Knapp Road west across the Santa
Fe Railroad tracks to Mykawa Road and south on Mykawa Road to Scott St.
The Mayor advised that new figures would have to be determined on the above
items, and the proposed Capital Improvement Program totally changed to reflect
these changes.
TRAFFIC ENGINEER'S REPORT:
(Continued)
It was moved by Councilman Farley, seconded by Councilman Wilson that the City
Manager be authorized to seek state aid on the following three projects:
1. Widen Orange Street at Highway 35
2. Consolidation of Woody Rd. and Corrigan Dr. at Highway 518.
3. Consolidation of Old Alvin Road and John Lizer Rd. into a
single intersection at Highway 35.
And, also prepare cost estimates on these projects for the Capital Improvement
Program. Motion passed 5 to 0.
MEETING RECESSED AT 10:25 P.M. - RECONVENED AT 10:27 P.M.
OTHER BUSINESS:
Councilman Farley advised that the Committee assigned to updating the
Construction Codes of the City will hold a public hearing at 7:30 P.M.
January 31, 1978.
Mayor McComb advised that the Executive Session under Legal would not be held.
ADJOURN:
Meeting adjourned at 10:30 P.M.
Minutes approved as submitted and/or corrected this i S day of
A. D., 1978.
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Mayor
ATTEST:
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City Secretary