1978-03-13 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
HELD ON MARCH 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 Pro Tem
Harry Farley
Councilman
Dennis Frauenberger
Councilman
Terry Gray
Councilman
Morris Wilson
Council Pos. #4
Vacant
City Manager
William E. Wolff
City Secretary
Dorothy L. Cook
Absent: Mayor Carlton McComb and City Attorney Bobby J. Williams.
INVOCATION AND PLEDGE OF ALLEGIANCE:
The Invocation was given by Mayor Pro Tem Farley. The Pledge of Allegiance was
led by City Manager Wolff.
BID OPENING - BID NO. B78-3, SEWER LINE EXTENSION:
The City Secretary advised the City Council that no bids were received for this
item.
APPROVAL OF MINUTES:
It was moved by Councilman Gray, seconded by Councilman Wilson that the minutes
of the regular meeting held on February 27, 1978 be approved as submitted.
Motion passed 4 to 0.
MAYOR'S ACTIVITY REPORT:
Mayor Pro Tem Farley issued the following:
Proclamation — Shrine Hospital Benefit Day - March 18, 1978
Certificate of Recognition - Paula Logan
DEPARTMENTAL REPORTS:
City Manager Wolff advised that the Drainage District will start construction of
the bridge over Clear Creek at Dixie Farm Road in the morning.
CITIZENS: None
DOCKETED PUBLIC HEARINGS: None
UNFINISHED BUSINESS:
APPOINTMENTS:
It was moved by Councilman Gray, seconded by Councilman Frauenberger that Dr. Cameron
Douthitt be appointed as a member of the Library Board for a three year term.
Motion passed 4 to 0.
ORDINANCE NO. 246-39, AMENDMENT TO LAND USE ORDINANCE - GENE E. SANDERS -
APPLICATION NO. 48 (AMENDED):
Ordinance No. 246-39 was read in full by Councilman Frauenberger. (Second Reading)
It was moved by Councilman Frauenberger, seconded by Councilman Gray that
Ordinance No. 246-39 be passed and approved on second and final reading. Said
Ordinance reads in caption as follows:
ORDINANCE NO. 246-39
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 PROVISIONS
RELATING TO THE SUBJECT.
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Voting "Aye" - Councilman Wilson, Councilman Farley, Councilman Gray, and
Councilman Frauenberger.
Voting "Nay" - None
Motion passed 4 to 0.
ORDINANCE NO. 246-40, AMENDMENT TO LAND USE ORDINANCE - GABRIEL BAIZAN -
APPLICATION NO. 49:
Ordinance No. 246-40 was read in full by Councilman Gray. (Second Reading)
It was moved by Councilman Gray, seconded by Councilman Wilson that Ordinance
No. 246-40 be passed and approved on second and final reading. Said Ordinance
reads in caption as follows:
ORDINANCE NO. 246-40
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. 224-2, AN ORDINANCE AMENDING CERTAIN PROVISIONS OF THE SOUTHERN
STANDARD BUILDING CODE, 1976 EDITION:
Ordinance No. 224-2 was read in full by Councilman Wilson. (Second Reading)
It was moved by Councilman Wilson, seconded by Councilman Gray that Ordinance No.
224-2 be passed and approved on second and final reading. Said Ordinance
reads in caption as follows:
ORDINANCE NO. 224-2
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING
CERTAIN PROVISIONS OF THE STANDARD BUILDING CODE, 1976
EDITION, HERETOFORE ADOPTED AND CODIFIED AS THE BUILDING
CODE OF THE CITY OF PEARLAND, TEXAS; PROVIDING AN EFFECTIVE
DATE, A SEVERABILITY CLAUSE, AND CONTAINING OTHER PRO-
VISIONS RELATING TO THE SUBJECT.
Voting "Aye" - Councilman Wilson, Councilman Farley, Councilman Gray, and
Councilman Frauenberger.
Voting "Nay" - None Motion passed 4 to 0.
ANY ACTION PERTINENT TO BOND ISSUE:
No item to be considered at this meeting.
AWARD OF BID NO. B78-3, SEWER LINE EXTENSION:
It was moved by Councilman Wilson, seconded by Councilman Frauenberger that in
view of the fact that no bids were received under this item this project be
rebid by the City. Motion passed 4 to 0.
NEW BUSINESS:
REPLACEMENT OF POLICE VEHICLE TOTALED ON MARCH 7, 1978:
The Chief of Police through the City Manager requested Council approval on a
lease with Gulf Coast Dodge for a Dodge Monaco Broughm on a twelve month lease
of $407.88 per month with a $1,500.00 residual for replacement of a police car
recently wrecked. The cut off date for the 1978 models at the factory is the
27th of this month which would not allow adequate time to bidding. After
discussion on this item the following motion was made:
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It was moved by Councilman Farley, seconded by Councilman Frauenberger that the
Police Chief and the City Manager be authorized to replace Unit No. 519 with a
1978 Dodge Broughm to be leased from Gulf Coast Dodge for a cost of $407.88 per
month with a $1,500.00 residual, and that this cost come out of the Police
Department operating budget. Motion passed 4 to 0.
ORDINANCE NO. 44-1, FIRE DISTRICT ORDINANCE:
Ordinance No. 44-1 was read in full by Councilman Wilson. (First Reading)
It was moved by Councilman Wilson, seconded by Councilman Frauenberger that
Ordinance No. 44-1 be passed and approved on first reading. Said Ordinance reads
in caption as follows:
ORDINANCE NO. 44-1
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING
CHAPTER 7, ARTICLE I, SECTION 7-1, OF THE CODE OF
ORDINANCES OF THE CITY OF PEARLAND, TEXAS; PROVIDING
AN EFFECTIVE DATE, SEVERABILITY CLAUSE; AND CONTAINING
OTHER PROVISIONS RELATING TO THE SUBJECT.
Under discussion of this item before the vote the City Manager asked the City
Council if it was their intent to extend this limitation to the Industrial
Districts. Mayor Pro Tem Farley stated that he felt the Fire District should
be established in areas where people congregate and the industrial districts
would not be included. The City Manager advised that if this covered the
industrial district, it would practically eliminate the use of any pre-cut or
prefabricated buildings. Councilman Frauenberger advised that he felt it should
cover the residential districts also. This ordinance is to be amended and
returned to the City Council before final reading.
Voting "Aye"- Councilman Wilson, Councilman Farley, Councilman Gray, and
Councilman Frauenberger.
Voting "Nay" - None Motion passed 4 to 0
APPOINTMENT OF ONE MEMBER APPOINTED BY THE GOVERNING BODY AS MEMBER OF LOCAL
BOARD OF TRUSTEES - FIREMEN'S PENSION FUND:
It was moved by Councilman Gray, seconded by Councilman Frauenberger that Mayor
Carlton McComb be appointed as the governing body's representative on the Local
Board of Trustees of the Firemen's Pension Fund. Motion passed 4 to 0.
ORDINANCE NO. 374 - WRECKER SERVICE ORDINANCE:
Ordinance No. 374 was read in full by Councilman Gray and Councilman Frauenberger.
(First Reading)
It was moved by Councilman Gray, seconded by Councilman Wilson that Ordinance No.
374 be passed and approved on first of two readings with consideration of the
following changes being made prior to second and final reading.
1. Permit Number on vehicle where it is to be displayed; 2. Maximum number of
permits should be established by the City Council; 3. Fire extinguishers, type
and size should be specified; 4. Private hauling of personal vehicles should be
included.
FEES: 5. Comparison with other cities on inside storage possibly change from
$4.00 to $5.00 per day; 6. Tire change, possibly raise fee or put on hourly
basis; 7. Possible addition of a hourly provision; 8. Transfer vehicles being
separate from emergency vehicles at possibly a different fee.
ORDINANCE NO. 374
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, REGULATING
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AND LICENSING AUTO WRECKERS AND WRECKER DRIVERS;
PROVIDING PENALTIES FOR THE VIOLATION THEREOF; PROVIDING
A SEVERABILITY CLAUSE; AN EFFECTIVE DATE; AND CONTAINING
OTHER PROVISIONS RELATING TO THE SUBJECT.
Voting "Aye" - Councilman Wilson, Councilman Farley, Councilman Gray, and
Councilman Frauenberger.
Voting "Nay" - None Motion passed 4 to 0.
MEETING RECESSED AT 9:10 P.M. - RECONVENED AT 9:20 P.M.
APPLICATION 54A, AARON PASTERNAK, REQUEST FOR LAND USE CHANGE:
It was moved by Councilman Frauenberger, seconded by Councilman Wilson that a
Public Hearing be called before the Planning and Zoning Commission on Application
No. 54A, Aaron Pasternak for 7:30 P.M., April 4, 1978. Motion passed 4 to 0.
PLANNING COMMISSION REPORTS:
The following reports were submitted to the City Council:
1. Land Use Change - Application 50, C. R. Hackney (PU to Commercial)
Report Dated 3/9/78 - unanimously recommending approval of this
requested change.
2. Land Use Change - Application 51, Jerry W. Rawls, et al (PU to
Commercial) Report Dated 3/9/78 - unanimously recommending
approval of requested change.
3. Land Use Change - Application 52, John C. Dyess (PU to M-1)
Report Dated 3/9/78 - unanimously recommending rejection of
requested change.
4. Land Use Change - Application 53, CBS Development Co. (PU to
M-1) Report Dated 3/9/78 - Voting 4 for and 3 against the
requested change.
5. Land Use Change - Application 54, Aaron Pasternak, Trustee (PU to
Commercial) Report Dated 3/9/78 - unanimously recommending
approval of requested change.
It was moved by Councilman Frauenberger, seconded by Councilman Wilson that the
reports of the Planning and Zoning Commission be received into the records of
the City on Applications 50, 51, 52, 53, and 54, and that Public Hearings be
called on these applications beginning at 7:30 P.M. on April 17, 1978. Motion
passed 4 to 0.
PRELIMINARY PLAT - PEARLAND INDUSTRIAL PARK:
The preliminary plat of Pearland Industrial Park was brought before the City
Council for consideration. The Planning and Zoning Commission by letter dated
March 9, 1978, advised the City Council that the preliminary plat had been
approved by them.
It was moved by Councilman Gray, seconded by Councilman Wilson that the
preliminary plat of Pearland Industrial Park be approved. Motion passed
4 to 0.
ORDINANCE NO. 375, AN ORDINANCE OF NECESSITY FOR THE PAVING AND IMPROVEMENT OF
RAYBURN LANE:
Ordinance No. 375 was read in full by Councilman Gray. (First Reading)
It was moved by Councilman Gray, seconded by Councilman Frauenberger that
Ordinance No. 375 be passed and approved on first reading. Said Ordinance
reads in caption as follows:
ORDINANCE NO. 375
ORDINANCE NO. 375
AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE
PAVING AND IMPROVEMENT OF RAYBURN LANE PEARLAND, TEXAS;
APPROVING PLANS AND SPECIFICATIONS FOR SUCH WORK; AUTHORIZING
THE CITY MANAGER TO ADVERTISE FOR BIDS IF NECESSARY; DIRECT-
ING THE PREPARATION OF ESTIMATES; INVOKING AND ADOPTING THE
PROVISIONS OF ARTICLE 1105b, VERNON'S REVISED CIVIL STATUTES;
PROVIDING THE MANNER IN WHICH AND BY WHOM THE COST OF SUCH
Pow IMPROVEMENTS SHALL BE PAID AND PROVIDING FOR THE ASSESSMENT
OF A PORTION OF SUCH COSTS AGAINST ABUTTING PROPERTIES AND
THE OWNERS THEREOF; PROVIDING FOR THE TERMS OF PAYMENT OF
SUCH ASSESSMENTS; DIRECTING THE CITY SECRETARY TO CAUSE A
CERTIFIED COPY OF THE ORDINANCE TO BE FILED IN THE DEED OF
TRUST RECORDS OF BRAZORIA COUNTY, TEXAS, ENACTING PROVISIONS
INCIDENT AND RELATING TO THE SUBJECT; PROVIDING A SAVINGS
CLAUSE AND AN EFFECTIVE DATE HEREOF.
Voting "Aye" - Councilman Wilson, Councilman Farley, Councilman Gray, and
Councilman Frauenberger.
Voting "Nay" - None Motion passed 4 to 0.
OTHER BUSINESS:
EXECUTIVE SESSION - TEXAS OPEN MEETING'S LAW, SECTION 2, SUBSECTION (f)
DISCUSSION WITH RESPECT TO PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY.
9:50 P.M.
RECONVENED TO OPEN SESSION 10:57 P.M. - NO ACTION.
ADJOURN:
Meeting adjourned at 10:58 P.M.
Minutes approved as submitted and/or corrected this -� day of
A. D., 1978.
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ATTEST:
-City Secretary
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