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1978-04-17 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 17, 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 Tom Reid Councilman Harry Farley Councilman Dennis Frauenberger Councilwoman Fran Coppinger Councilman Carlton McComb Councilman Morris Wilson City Manager William E. Wolff City Attorney Bobby J. Williams City Secretary Dorothy L. Cook Others present: Tom Masterson, Fiscal Agent for City; Jim DeShazer, Tax Assessor - Collector; Charles Mack, James Bain, C. D. Rawls, William Koenig, Jr., Mrs. Jerry W. Rawls, Jeri Carlin, Wade Williamson, Charles Veselka, James C. Dyess, Ida Scott, Lee Scott, Denise Brogden, Gene E. Sanders, C. J. Christofferson, E. C. Carlson, and Ray Utley. PURPOSE OF THE MEETING: RESOLUTION NO. R78-12, NOTICE TO BIDDERS AND NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION (RE -BID OF CITY SERVICE CENTER): THE STATE OF TEXAS COUNTIES OF BRAZORIA AND HARRIS CITY OF PEARLAND The City Council of the City of Pearland, Texas, convened in special meeting, open to the public, on the 17th day of April, 1978, at the City Hall, and the roll was called of the duly constituted officers and members of the City Council and the City Secretary of the City, to -wit: Tom Reid Dennis Frauenberger Harry Farley Fran Coppinger Morris Wilson Carlton McComb Dorothy L. Cook Mayor Councilman Councilman Councilwoman Councilman Councilman City Secretary and all of said persons were present, except the following absentees: None, thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written resolution entitled: RESOLUTION AUTHORIZING PUBLICATION OF NOTICE TO BIDDERS AND NOTICE OF INTENTION TO ISSUE $175,000 CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION SERIES 1978-A (the "Resolution") was duly introduced for the consideration of the City Council and reviewed in full. It was then duly moved and seconded that the Resolution be passed; and, after due discussion, the motion, carrying with it the passage of the Resolution, prevailed and carried by the following vote: AYES: All members of the City Council shown present above voted "Aye". NOES: None. The Mayor thereupon announced that the Resolution had been duly and lawfully adopted. The Resolution thus adopted follows: RESOLUTION NO. R78-12 RESOLUTION AUTHORIZING PUBLICATION OF NOTICE TO BIDDERS AND NOTICE OF INTENTION TO ISSUE $175,000 CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION SERIES 1978-A. e0 THE STATE OF TEXAS § COUNTIES OF BRAZORIA AND HARRIS CITY OF PEARLAND WHEREAS, the City Council of the CITY OF PEARLAND, TEXAS (the "City"), deems it advisable to issue Certificates of Obligation of the City for the purpose of constructing and equipping public works for the City, to -wit: a municipal equip- ment maintenance and storage building, sometimes called a "City Service Center", in accordance with the notice hereinafter set forth; and WHEREAS, no bids relating to such project have been received by the City in response to a previously published notice; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS THAT: Section 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct. Section 2. The City Secretary is hereby authorized and directed to cause to be published in the manner required by law a notice to bidders and notice of intention to issue Certificates of Obligation in substantially the following form: NOTICE TO BIDDERS AND NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION NOTICE IS HEREBY GIVEN that sealed proposals (hereinafter sometimes called "bids") addressed to the Mayor and City Council of the City of Pearland, Texas (the "City"), will be received at a meeting of the City Council in the City Hall, City of Pearland, Brazoria and Harris Counties, Texas, until 7:30 P.M., May 8, 1978, at which time and place they will be publicly opened and read aloud, for furnishing all labor, materials, supplies, machinery, equipment, insurance, tools and superintendence for constructing and equipping public works for the City, to -wit: a municipal equipment maintenance and storage building, sometimes called a "City Service Center"; and the City Council tentatively proposes to let a contract, or contracts, for such construction and equipment, and to adopt an ordinance authorizing issuance of Certificates of Obligation, in accordance with the terms and provisions of this Notice at such meeting or at a subsequent meeting of the City Council in said City Hall. Bids received after said closing time will be returned unopened. A cashier's check or certified check, drawn on a bank acceptable to the City and made pay- able to the City, or a bidder's bond issued by a surety company duly licensed in the State of Texas, in an amount equal to not less than five percent (5%) of the largest possible total of the bids submitted, including alternates, must accompany each bid, as a guaranty that the successful bidder will enter into a contract and execute bonds and guaranties on the terms provided herein, and in the contract documents, plans and specifications, within ten (10) days after notice of award of contract. Such checks or bidder's bonds will be returned to bidders within five (5) days after opening of bids, except that such checks or bidder's bonds of the acceptable bidders submitting the three lowest bids will be returned to said bidders within twenty-four (24) hours after final execution of contract. The successful bidder must furnish performance bond and payment bond on the forms furnished with such contract documents, each in the full amount of the contract price and issued by a surety company authorized to do business in this State in accordance with the provisions of Article 5160, Revised Civil Statutes of Texas, 1925, as amended. In conformity with applicable law, the general prevailing wage rates in the locality in which the work is to be performed have been ascertained and such rates shall be the minimum paid for labor employed on this project. Bidders are expected to inspect the site of the work and to inform them- selves regarding all local conditions. Copies of contract documents, plans and specifications are on file at the office of the City Manager in the City Hall of the City and may be examined there without charge, or may be obtained there by prospective bidders or suppliers upon payment of Ten Dollars ($10.00) for each set thereof, checks to be made payable to the City. Such payments will be refunded to actual bidders upon the return of such materials in good condition within five (5) days after opening of bids. X97 This Notice shall be and constitute a part of the said contract documents, plans and specifications. No such bids may be withdrawn after the scheduled closing time for receipt of bids and for thirty (30) days thereafter. The City reserves the right to accept any bid deemed most advantageous to it, including alternates, to reject any and all bids, and to waive any informality. In case of ambiguity or lack of clearness in the statement of prices in each proposal, the City reserves the right to adopt prices written words, or to reject the proposal. �.., It is the intention of the City to pay all or any part of any contractual obligation to be incurred for such construction and equipment, including contractual obligations for professional services in connection therewith, by the issuance of Certificates of Obligation of the City, payable from City ad valorem taxes, in the maximum aggregate principal amount of $175,000, bearing interest at a rate not in excess of that prescribed by Article 717k-2, V.T.C.S., as amended, and maturing over a period of years not to exceed 20 years from the date thereof, for the purpose of evidencing the indebtedness of the City for all or any part of the cost of such construction and equipment, including the cost of professional services incurred in connection therewith; and the successful bidder or bidders will be required to accept such Certificates in payment of all or any portion of the contract price, or prices. The City Council has made provision for each contractor (successful bidder) to sell and assign such Certificates of Obligation to another at par and without discount, and with no exchange or collection charges to such contractor, and each bidder is required (at the time of the receipt of bids by the City Council) to elect whether he will accept such Certificates in payment of all or a part of the contract price, or prices, or assign such Certificates in accordance with such arrangements. WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this 17th day of April, 1978. r City Secretary (SEAL) CITY OF PEARLAND, TEXAS Section 3. The notice set forth in Section 2 above shall be published once a week for two (2) consecutive weeks in a newspaper which is of general circula- tion in the City and which is the official newspaper thereof, the date of the first publication to be not less than fourteen (14) days prior to the date tentatively set in said notice for the passage of the ordinance authorizing the issuance of such Certificates of Obligation. Section 4. The Mayor, City Secretary, and other officers of the City are hereby authorized and directed to do any and all things necessary or desirable to carry out the provisions of this resolution. Section 5. This resolution shall take effect immediately upon its passage. Section 6. Itis hereby officially found and determined that the need of the City for such financing creates an emergency and an urgent public necessity for the holding, at the scheduled time, of the meeting of the City Council at which this resolution is adopted and for the adoption of this resolution; and the NOTICE OF MEETING relating to said meeting and heretofore posted by the City Secretary, and the posting thereof, are hereby authorized, approved, and ratified. PASSED AND APPROVED this 17th day of April, 1978. ATTEST: Mayor, CITY OF PEARLAND, TEXAS City Secretary, CITY OF PEARLAND, TEXAS (SEAL) The, above resolution was read in full by Councilwoman Coppinger. It was moved by Councilwoman Coppinger, seconded by Councilman McComb for the passage of Resolution No. R78-12. 19 Voting "Aye" - Councilman Frauenberger, Councilwoman Coppinger, Councilman Farley, Councilman McComb, and Councilman Wilson. Voting "Nay" - None Motion passed 5 to 0. PROPOSED BOND ISSUE: It was moved by Councilman Wilson, seconded by Councilman Farley that the City's Fiscal Agent, Mr. Tom Masterson, be authorized to proceed with the finalization of documents in connection with Sewer Revenue Bonds in the amount of $2,225,000; Water System Revenue Bonds in the amount of $525,000; Civic Center General Obligation Bonds in the amount of $2,040,000; Street Improvement Bonds in the amount of $1,860,000; and that a three year deferred plan be utilized by the Fiscal Agent for Debt Service, and that said Agent be authorized to do any and all things necessary for the calling of an election regarding said bond issues. Motion passed 5 to 0. PUBLIC HEARINGS FOR REQUESTED ZONE CHANGES: 1. APPLICATION NO. 50, C. R. HACKNEY, JR. - PU TO COMMERCIAL 11 acres, being part of Lots 1 through 11 of the George W. Jenkins Subdivision, Brazoria County, Texas. PERSONS WISHING TO SPEAK FOR THE REQUESTED ZONE CHANGE: C. R. Utley, representing Mr. Hackney, advised that the property would be best suited for commercial use. James Barnett advised that he owned 43 acres around his property and that he had no objection to the request for the zone change to commercial. PERSONS WISHING TO SPEAK AGAINST THE REQUESTED ZONE CHANGE: None QUESTION AND ANSWER PERIOD: Councilman Farley asked Mr. Utley whether or not this was being zoned for immediate or future plans. Mr. Utley advised that there would be a possibility of immediate plans for part of the property. ADJOURN HEARING: 7:50 P.M. 2. APPLICATION 51, JERRY RAWLS, ET AL - PU TO COMMERCIAL South 88.78 ft. of Lots 1 & 2, the South 200 ft. of Lots 3, 4, & 5, all of Lot 6, and the East 427 ft. of Lot 7 of the Elton J. Davis Subdivision, Brazoria County, Texas. PERSONS WISHING TO SPEAK FOR THE REQUESTED ZONE CHANGE: Mrs. Jerry Rawls, William Koenig, Jr., and Gene E. Sanders were in favor of the zone change. PERSONS WISHING TO SPEAK AGAINST THE REQUESTED ZONE CHANGE: Mr. Lee S. Scott objected to the commercial zoning of the lot adjacent to his property. Mr. Denise Brodgen objected to the ingress and egress to the proposed commercial section from Scott Lane. QUESTION AND ANSWER PERIOD: Councilman Wilson asked Mrs. Rawls if they would be willing to make the entrance to the commercial section from Woody Road instead of Scott Lane. She advised that she could see nothing wrong in making the entrance from Woody Road since they now own the property adjacent to Woody Road. ADJOURN HEARING: 8:15 P.M. 99 3. APPLICATION NO. 52, JOHN C. DYESS - PU TO M-1 (LIGHT INDUSTRIAL) The East i of the East z of the Northwest 4 of - the Northwest 4 of Section 12, H.T. 4 B. RR. Company Survey, Abstract 508, Brazoria County, Texas, containing 10 acres more or less. PERSONS WISHING TO SPEAK FOR THE REQUESTED ZONE CHANGE: Mr. John Dyess spoke for his requested change. r PERSONS WISHING TO SPEAK AGAINST THE REQUESTED ZONE CHANGE: None QUESTION AND ANSWER PERIOD: Councilman McComb asked Mr. Dyess if he was aware that Magnolia was only 40 ft. in this area and was unimproved. Mr. Dyess advised that he was not aware of the size of the right-of-way; however, he had offered to pay for the materials for improvement of the road to midway of his property. ADJOURN HEARING: 8:20 P.M. 4. APPLICATION NO. 53, A. A. SAGE, TRUSTEE, - CBS DEVELOPMENT CO.- PU TO M-1 (LIGHT INDUSTRIAL) 23.148 acres of land situated in Section 11, H.T. & B. RR. Co. Survey, Abstract 239, Brazoria County, Texas. PERSONS WISHING TO SPEAK FOR THE REQUESTED ZONE CHANGE: Mr. Carlson, with CBS Development Company, advised that his firm has a 105 acre tract and about 23 acres of this tract is zoned PU and the balance is zoned M-1. He advised that they would like to have this 23 acres changed to M-1 to make the whole tract the same zoning. PERSONS WISHING TO SPEAK AGAINST THE REQUESTED ZONE CHANGE: Mr. Wade Williamson advised that he lived across Walnut Street from this property and he heard that a concrete batch plant would be built on this property. He objected to this and was opposed to the increase in truck traffic on Walnut Street that this industrial area would bring. Mr. Charles Vavrecka of 2542 Sacramento advised that he lived just back of Mr. Williamson and, he was opposed to the M-1 zoning request. Mr. C. J. Christofferson of Washington Avenue also spoke in opposition to this request. QUESTION AND ANSWER PERIOD: Councilman Wilson advised that a concrete batch plant is not permitted under M-1 (Light Industrial) zoning. Councilwoman Coppinger asked Mr. Carlson if he could give the Council some idea of the type of industry that would be occupying the property. Mr. Carlson advised that all of the prospects were clean type operations. Mr. Carlson advised that he preferred that the property all be zoned M-1; however, the Planning and Zoning Commission had discussed the possibility of the front part facing Walnut Street being zoned commercial. ADJOURN HEARING: 8:35 P.M. 5. APPLICATION NO. 54, AARON PASTERNAK, TRUSTEE, - PU TO COMMERCIAL 4.355 acres of land out of a 313 acre tract in the W.D.C. Hall Survey, Abstract 70, Brazoria County, Texas. PERSONS WISHING TO SPEAK FOR THE REQUESTED ZONE.CHANGE: None PERSONS WISHING TO SPEAK AGAINST THE REQUESTED ZONE CHANGE: None ' R0 QUESTION AND ANSWER PERIOD: A discussion was held regarding the request for Commercial instead of General Business or Neighborhood Service. ADJOURN HEARING: 8:40 P.M. MEETING RECESSED AT 8:40 P.M. - RECONVENED AT 8:50 P.M. DECISION ON APPLICATION NO. 50, C. R. HACKNEY, JR.: It was moved by Councilman Farley, seconded by Councilman Frauenberger that the City Attorney be instructed to prepare necessary ordinance for consideration at the next regular meeting, changing the zone as requested by C. R. Hackney, Jr. by Application No. 50. Motion passed 5 to 0. DECISION ON APPLICATION NO. 52, JOHN C. DYESS: A discussion was held regarding a Special Use Permit instead of a change in zoning. It was moved by Councilman McComb, seconded by Councilman Frauenberger that this item not be acted on at this meeting, but placed on the agenda of the next regular meeting for action to allow time to get answers regarding whether or not a special use permit could be issued and whether it could be issued for a specific time. Motion passed 4 to 1. Councilman Farley opposed. DECISION ON APPLICATION NO. 53, A. A. SAGE, TRUSTEE: It was moved by Councilman Farley, seconded by Councilwoman Coppinger that the City Attorney be instructed to prepare necessary ordinance for consideration at the next regular meeting on Application No. 53, A. A. Sage, Trustee, contingent upon revision of the application to make the 271.16 depth which faces on Walnut Street changed to commercial or general business. Motion passed 5 to 0. DECISION ON APPLICATION NO. 54, AARON PASTERNAK, TRUSTEE: It was moved by Councilman McComb, seconded by Councilman Frauenberger that the City Attorney be instructed to prepare necessary ordinance for consideration at the next regular meeting, changing the zoning as requested by Aaron Pasternak, Trustee, by Application No. 54. Motion passed 3 to 2. Councilman Wilson and Councilwoman Coppinger opposed. DECISION ON APPLICATION NO. 51, JERRY RAWLS, ET AL: Mr. Gene E. Sanders was recognized and, he advised the City Council that he had talked with Mr. Cluster 0. Scott, owner of Lot 5 in the Elton J. Davis Subdivision, and, he agreed to withdraw his request for a zone change. It was moved by Councilman McComb, seconded by Councilman Wilson that the appropriate ordinance be prepared on Application No. 51 for zone change as requested with the following stipulation: That there be a resubmittal of the application by the parties, Jerry and Dorothy Rawls and Mr. and Mrs. William Koenig, Jr. with Mr. and Mrs. Scott's name left off, and that Mr. & Mrs. Rawls present proof in writing to the administrative people that the entrance to their welding shop will be off Woody Road and not off Scott Lane. Motion passed 5 to 0. COMPLETE TAPE OF HEARINGS ON FILE IN THE OFFICE OF THE CITY SECRETARY. MEETING ADJOURNED: 9:25 P.M. Minutes approved as submitted and/or corrected this ^ f y of , A. D., 1978. ATTEST: Mayo r City Secretary