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1978-02-13 CITY COUNCIL REGULAR MEETING MINUTESPMM „9 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON FEBRUARY 13, 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 City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: Carlton McComb Harry Farley Dennis Frauenberger Terry Gray 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. B78-1, GARBAGE TRUCK: Bids were opened as follows: VENDOR MAKE AMOUNT ALTERNATE (TRADE IN) American Environmental Southwest, Inc. 1978 Ford LN800 $16,000 Dempster Routeking 20 cu. yd. rear loader $16,000 ,-� OPTION #1 (Winch) no additional charge Hydraulic & Winch Dumper comb. $ 1,000 OPTION #2 Diesel Engine $5,850 $1,500 Gulf States Crane & Equipment Company 20 cu. yd. body per spec. $13,135 Truck per spec. 15,722 OPTION #1 (Winch) 1,176 OPTION #2 Diesel Engine 5,252 0 Davis Truck & Equipment 20 cu. yd. body 9,200 Truck per spec. 15,500 OPTION #1 (Winch) 1,300 OPT'I'ON #2 Diesel Engine 21,060 1978 Ford Model LN8000 $2,000 Pak Mor Manufacturing Company 20 cu. yd. rear loader 8,800 RL 120 20 cu. yd. rear loader 10,800 RL 130 Truck per spec. 14,654 OPTION #1 1,000 OPTION #2 Diesel Engine 20,404 with Ford Truck $3,200 It was moved by Councilman Wilson, seconded by Councilman Gray that the bids be received into the records of the City and referred to the Public Work's Director and Director of Planning & Transportation for tabulation and recommendation. Motion passed 4 to 0. i6o BID NO. B78-2, UTILITY TRACTOR: Bids were opened as follows: VENDOR MAKE AMOUNT Case Alvin Implement & Supply 885 Diesel 43HP $5,400.00 Used Case 885 Diesel 43HP 4,900.00 Used Ford 3000 40HP 4,500.00 George Young Used Case 885 Diesel 43HP 5,552.00 1977 Tunney's Lawnmower Repair New John Deere 2040 40 HP 6,695.00 Preco Machinery Sales Inc. New Massey Ferguson MF20C 5,850.00 Lansdown-Moody Co., Inc. New Ford Model 3600 6,148.00 Alvin Equipment Co., Inc. New Industrial 464 6,745.00 Rosenberg Tractor & Implement Co. New John Deere 2040 6,898.00 MISCELLANEOUS INFORMATION It was moved by Councilman Farley, seconded by Councilman Frauenberger that the bids be received into the records of the City and referred to the City Manager for tabulation and recommendation. Motion passed 4 to 0. APPROVAL OF MINUTES: It was moved by Councilman Gray, seconded by Councilman Wilson that the minutes of the regular meeting held January 23, 1978 be approved as submitted. MAYOR'S ACTIVITY REPORT: None Motion passed 4 to 0. COUNCIL ACTIVITY REPORTS: Councilman Wilson reported that the Committee met with the architect on the civic center and will have some brochures and floor plans for the people to see in about a week. DEPARTMENTAL REPORTS: None CITIZENS: Representatives of the Intermediate/Senior High School PTA spoke before the City Council. Mr. Chuck Anderson advised that his group had formed a study group to look into the drug problems in the area schools. This study group met with several people from the Drug Abuse Centers to discuss the problems associated with drug use. He advised that they learned that the use of drugs in the local schools was a problem. The study group had intentions to provide recommendations to the PTA, the City Council, Churches, and other groups in the area, on several things that they thought would help eliminate the drug abuse problem. He advised that it was determined that the greatest problem was with the parents; however, he advised that this did not apply to this meeting as such. From the recommendations of this group the PTA was ready to present the following recommendations to the City Council: 1. Recommended that the feasibility of forming a YMCA be checked out. He advised that this might not be a total City function, but the group would be willing to work with the City to accomplish this. 2. He advised that there was quite a bit of wild marajuana growing in the ditches and lots in the City of Pearland, and they would like for the City to enforce the ordinance requiring weeds to be cut. Mr. Tom Scott spoke on the third recommendation. 3. Proposed that a game room ordinance by passed by the City. He advised that Pasadena had such an ordinance which set out the hours of operations for such game rooms. Basically, the operation of such game rooms was limited to hours after school hours. Mr. Scott advised that the PTA group would like a report back from the City Council by the April 28th, 1978 meeting of the PTA. OMN Mayor McComb advised that he would appoint a member of the Council to work with a representative of the PTA to check into the possibility of obtaining a YMCA in the area. He also advised that the City was obtaining a new tractor and mower and he hoped that this would help eliminate some of the problems of weeds in ditches and other area of the City. He advised that the Game Room Ordinance has been reviewed; however, it was his understanding that some legal aspects of this ordinance need to be further reviewed. He asked that Mr. Scott and his group continue to monitor the effectiveness of this ordinance in Pasadena and advise the City Council. Mr. Kent Gafford spoke to the City Council regarding game rooms in the City. Mr. Bob Pond representing the Clear Creek/Twin Creek Woods Civic Club spoke to the City Council regarding improvements to Knapp Road. He advised that the matter has been pending for some two years and the people would like to know the status of this project. Mayor McComb advised that about two weeks ago the Ci't'y finally secured 40 ft. of right of way along Knapp Road. City Manager Wolff advised that the original project was to come from Highway 35 down as far as Robert Street. This is the only portion of Knapp that we have obtained right of way. The portion from Robert Street to Union Valley Drive has not been obtained; however, we have commitments on it, but right of way has not been obtained. Mr. Wolff advised that we had funds for improvements from Highway 35 to Robert Street; however, the plan under the bond project would extend improvements to Union Valley. Mr. Wolff advised that he could not tell exactly when the project from Highway 35 to Robert Street would start, but it would be next in line after the Dixie Farm Road extension. Mr. Pond presented the City a letter expressing appreciation for the work on the neighborhood park in the area. Mr. Keele advised that he did not wish to speak at this time. DOCKETED PUBLIC HEARINGS: I. LAND USE HEARING - APPLICATION No. 48 (amended), GENE E. SANDERS requesting change from planned unit to M-1 (Industrial Performance Standard Group A) on 3 Westerly acres from 4.543 acre portion of East i of Lot or Tract #47, Section 4, HT&B RR Co. Survey, A-543. 7.5 acres out of the East z of Lot or Tract #47, Section 4, HT&B RR Co. Survey, A-543. Total 10.5 acres. PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: Mr. Gene E. Sanders, owner of the property spoke for the requested change and presented a letter from Henry Flake, Jr. advising that neither he nor W. L. Puls, both adjoining property owners, had objection to the change. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: None QUESTION AND ANSWER PERIOD: None PUBLIC HEARING ADJOURNED: 162 II. LAND USE HEARING - APPLICATION No. 49, GABRIEL BAIZAN requesting change from planned unit with the South i of Lot 19 and the South i of Lot 20 with 10 acres to be changed to Commercial and the North z of Lot 20 with 5 acres to be changed to M-1, containing a total of 15 acres of the Zychlinski Subdivision, in Section #3, HT&B RR Co. Survey A-232 in Brazoria County, Texas, according to the recorded map or plat thereof in Volume 29, Page 43 of the Deed Records of Brazoria County, Texas. PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: Mr. Gabriel Baizan spoke for the requested change. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: None QUESTION AND ANSWER PERIOD: Councilman Frauenberger asked if all of the commercial changes were located along Orange Street. Mr. Baizan advised that they were. PUBLIC HEARING ADJOURNED: III. ADJUSTMENT TO THE REVENUE SHARING BUDGET: 1. Capital Outlay - Tractor Mower $10,861.00. PERSONS WISHING TO SPEAK FOR THE PROPOSED AMENDMENT: City Manager Wolff advised that a greater need arises than that originally planned, hence the reason for the request for adjustment. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED ADJUSTMENT: None QUESTION AND ANSWER PERIOD: None PUBLIC HEARING ADJOURNED: MEETING RECESSED AT 8:35 P.M. - RECONVENED AT 8:50 P.M. CHANGE IN ORDER OF BUSINESS: RESIGNATION OF TOM REID, COUNCIL POSITION 4: It was moved by Councilman Farley, seconded by Councilman Wilson that the letter from Tom Reid dated February 1, 1978 be accepted into the records of the City, and that Tom Reid's resignation from Council Position 4 be accepted. Motion passed 4 to 0. EXTENSION OF WATER AND SEWER LINES TO ENG PROPERTY ON F.M. 518: Mr. Weldon Parkhill, representing Mr. & Mrs. Eng, appeared before the City Council with a request for assistance in obtaining water and sewer service to their property on F.M. 518. In the discussion that developed it was brought out that this tract was originally owned by B. M. Jamison, et ux and developed by George Young. The development plans indicated that this tract of land was to be serviced through water and sewer lines from the Apartment Project directly behind this commercial district. As a result of a misunderstanding between Mr. & Mrs. Eng, Street Jordon, and Young, apartment owners, the original point of service is no longer available. A counter proposition for services has been made by Mr. Young to Mr. & Mrs. Eng. Although originally denied, Mr. Young advised the City Council that the proposition was still open. No action was taken by the City Council; however, Mayor McComb advised the parties to continue their negotiations. J REQUEST BY CHAMBER OF COMMERCE TO USE PORTABLE BUILDING AS TEMPORARY OFFICE: Mr. Bob Christensen, President of the Chamber of Commerce, appeared before the City Council with a request that permission be granted to the Chamber to use a portable building located on the Lions Club property as a temporary office during the depot make-ready period. It was moved by Councilman Farley, seconded by Councilman Wilson that the request r.,,M of the Chamber of Commerce be granted. Motion passed 4 to 0. APPLICATION NO. 48 (amended) GENE E. SANDERS -APPLICATION NO. 49, GABRIEL BAIZAN: It was moved by Councilman Frauenberger, seconded by Councilman Gray that the City Attorney be requested to prepare amendments to the Land Use Ordinance for Application No. 48 (amended), Gene E. Sanders and Application No. 49, Gabriel Baizan for consideration by the City Council. Motion passed 4 to 0. REVISION OF BUILDING CODE: Councilman Farley reported that a public hearing was held regarding revisions in the building code and information has been gathered from the citizens and this information has been sent to the City Attorney; however, he advised that even the short range recommendations are somewhat more complicated than anticipated. The City Attorney asked that this item be passed and placed on the next agenda so that it could be properly presented. The City Attorney asked for a workshop on this subject. Mayor McComb advised that a workshop had been called for February 20, 1978 with the fiscal agent and this item could be added. FIRE ZONE OF THE CITY: Councilman Farley reported that at the same public hearing there was also brought up citizen concern for the fire protection of our commercial areas and he recommended that at the same time we prepare this ordinance for the other areas that we revise what is commonly known as a fire limit ordinance. This item to be added to the workshop meeting February 20, 1978. RESOLUTION NO. R78-5, A RESOLUTION AND, ORDER TO HOLD A REGULAR CITY OFFICERS ELECTION AND SPECIAL ELECTION ON APRIL 1, 1978: Resolution No. R78-5 was read in full by Councilman Gray. It was moved by Councilman Gray, seconded by Councilman Wilson that Resolution No. R78-5 be passed and approved on first and only reading. Said Resolution reads in caption as follows: RESOLUTION NO. R78-5 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF .--. PEARLAND, TEXAS, ORDERING THE HOLDING OF A REGULAR AND SPECIAL CITY ELECTION ON THE FIRST DAY OF APRIL, 1978, FOR THE PURPOSE OF ELECTING A MAYOR AND TWO COUNCILMEN IN AND FOR THE CITY OF PEARLAND, TEXAS; AND ESTABLISHING PROCEDURES FOR SAID CITY OFFICERS' ELECTION. Voting "Aye" - Councilman Wilson, Councilman Farley, Councilman Gray, and Councilman Frauenberger. Voting "Nay" - None. Motion passed 4 to 0. 164 ORDINANCE NO. 373, AN ORDINANCE AMENDING THE REVENUE SHARING BUDGET: Ordinance No. 373 was read in full by Councilman Wilson. (First Reading) It was moved by Councilman Wilson, seconded by Councilman Farley that Ordinance No. 373 be passed and approved of first of two readings. Said Ordinance reads in caption as follows: ORDINANCE NO. 373 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING THE REVENUE SHARING BUDGETS OF THE CITY OF PEARLAND. Voting "Aye" - Councilman Frauenberger, Councilman Farley, Councilman Gray, and Councilman Wilson. Voting "Nay" - None. Motion passed 4 to 0. AWARD OF BID NO. B78-1, GARBAGE TRUCK: Ron Wicker reported that in reviewing the bids the trade-in offered by all of the bidders was considerably lower than what he felt the truck was worth, therefore, he recommended that the City keep the truck and consider the best bid submitted on a new truck without a trade-in. He recommended that the bid be awarded to the Davis Truck & Equipment Company for a Ford (gas powered) Truck with 20 cu. yd. Heyl Body with winch for a total price of $26,000.00. It was moved by Councilman Gray, seconded by Councilman Wilson that Bid No. B78-1 be awarded to the Davis Truck & Equipment Company for a total of $26,000.00 and any money in excess of that budgeted for this item be taken from the Council Contingency Fund. Motion passed 4 to 0. CALL OF PUBLIC HEARINGS BEFORE THE PLANNING & ZONING COMMISSION ON APPLICATIONS FOR LAND USE CHANGES: It was moved by Councilman Farley, seconded by Councilman Wilson that Public Hearings be called on February 28, 1978 at 7:30 P.M. before the Planning and Zoning Commission on the following applications: Application No. 50, C. R. Hackney, Jr.; Application No. 51, Jerry W. Rawls, et al; Application No. 52, John C. Dyess. Also that a public hearing be called for March 7, 1978 before the Planning & Zoning Commission on Application No. 53, A. A. Sage, dba CBS Development Company and Application No. 54, Aaron Pasternak. Motion passed 4 to 0. MEETING RECESSED AT 10:00 P.M. - RECONVENED AT 10:05 P.M. CHANGE IN ORDER OF BUSINESS: UNFINISHED BUSINESS: ORDINANCE NO. 315-1, AMENDING CHAPTER 29, ARTICLE XVI, SECTION 29-353 OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND: Ordinance No. 315-1 was read in full by Councilman Farley. (Second Reading) Mayor McComb absent from the room and Mayor Pro Tem Farley presiding. It was moved by Councilman Gray, seconded by Councilman Frauenberger that Ordinance No. 315-1 be passed and approved on second and final reading. Said Ordinance 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. r Voting "Aye" - Councilman Frauenberger, Councilman Gray, Councilman Wilson, and Councilman Farley. Voting "Nay" - None. Motion passed 4 to 0. ORDINANCE NO. 371, AN ORDINANCE OF THE CITY COUNCIL ORDERING AN ELECTION ON PROPOSED CHARTER AMENDMENTS: Ordinance No. 371 was read in full by Councilman Frauenberger. (Second Reading) It was moved by Councilman Frauenberger, seconded by Councilman Gray that Ordinance No. 371 be passed and approved on second and final reading. 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 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. Voting "Aye" - Councilman Wilson, Councilman Farley, Councilman Gray, and Councilman Frauenberger. Voting "Nay" - None. Motion passed 4 to 0. ORDINANCE NO. 369. AN ORDINANCE CLOSING HEARING ON SPECIAL ASSESSMENTS - WOODY ROAD: Ordinance No. 369 was read in full by Councilman Gray. (Second Reading) It was moved by Councilman Gray, seconded by Councilman Frauenberger that Ordinance No. 369 be passed and approved on second and final reading. 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 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 Frauenberger, Councilman Gray, Councilman Farley, and Councilman Wilson. Voting "Nay" - None. Motion passed 4 to 0. ORDINANCE NO. 370, AN ORDINANCE ACCEPTING THE STREET IMPROVEMENTS ON WOODY ROAD: Ordinance No. 370 was read in full by Councilman Wilson. (Second Reading) It was moved by Councilman Wilson, seconded by Councilman Farley that Ordinance No. 370 be passed and approved on second and final reading. 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 Wilson, Councilman Farley, Councilman Gray, and Councilman Frauenberger. Voting "Nay" - None. Motion passed 4 to 0. 166 AUTHORIZATION TO BID SEWER EXTENTION: It was moved by Councilman Farley, seconded by Councilman Gray that the City Manager be authorized to advertise for bids for extension of sewer line on Old Alvin Road as per the request of Lan Bentsen. Motion passed 4 to 0. Mr. Bentsen to pay all cost of the project, including materials, superintendence, labor, and any other cost associated with the project. CHANGE IN ORDER OF BUSINESS: NEW BUSINESS: (CONTINUED) ORDINANCE NO. 246-38, AN ORDINANCE AMENDING THE LAND USE DISTRICT MAP APPLICATION NO. 47, ALVIN A. PAMPELL: Ordinance No. 246-38 was read in full by Councilman Farley. (First Reading) It was moved by Councilman Farley, seconded by Councilman Wilson that Ordinance No. 246-38 be passed and approved on first reading. Said Ordinance reads in caption as follows: ORDINANCE NO. 246-38 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, and Councilman Wilson. Voting "Nay" - None. Motion passed 4 to 0. ORDINANCE NO. 372, AN ORDINANCE PROVIDING FOR STATUTORY AUTHORIZATION, FINDINGS OF FACT, STATEMENT OF PURPOSE AND METHODS OF REDUCING FLOOD LOSSES: Ordinance No. 372 was read in full by Councilman Gray and Councilman Frauenberger. (First Reading) It was moved by Councilman Frauenberger, seconded by Councilman Gray that Ordinance No. 372 be passed and approved on first reading. Said Ordinance reads in caption as follows: ORDINANCE NO. 372 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, PROVIDING FOR STATUTORY AUTHORIZATION, FINDINGS OF FACT, STATEMENT OF PURPOSE AND METHODS OF REDUCING FLOOD LOSSES; CONTAINING DEFINITIONS; PROVIDING FOR THE IDENTIFICATION OF FLOOD -PRONE AREAS, COMPLIANCE, ABROGRATION, INTERPRETATION, WARNING AND DISCLAIMER OF LIABILITY; PROVIDING FOR ADMINISTRATION AND ENFORCEMENT; PROVIDING FOR A PENALTY CLAUSE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO FLOOD DAMAGE PREVENTION. Voting "Aye" - Councilman Frauenberger, Councilman Gray, Councilman Farley, and Councilman Wilson. Voting "Nay" - None. Motion passed 4 to 0. OTHER BUSINESS: None. ADJOURN: Meeting adjourned at 11:15 P.M. Minutes approved as submitted and/or corrected this day of , A. D., 1978. ATTEST: City Secretary e Mayor