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1975-10-27 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 27, 1975, AT 7:40 P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Carlton McComb Councilman Cecil W. Griffin Councilman Harry Farley Councilman Gene E. Sanders Councilman Tom Reid Councilman Benny J. Frank (Entered 8:00 P. M.) City Manager William E. Wolff City Attorney Bobby J. Williams City Secretary Dorothy L. Cook INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by the Rev. Art Jones. The Pledge of Allegiance was led by Councilman Farley. BID _OPENINGS: Chevrolet 1976 (Model CE62003) $10,412.17 - $500.00 B d.No.:_75-9, _Police Patrol Units (3): 9,287.00 Bids opened as follows: Gulf Coast Dodge Dodge 1976 (Model D-700) 7,932.92 Vendor Make Ford (Model F-750) Price F.O.B Pearland 60 to 75 days 250.32 J. Marks Chevrolet Chevrolet 1976 $ 15,614.75 Kliesing Motor Co. Chevrolet 1976 15,234.57 Gulf Coast Dodge Dodge 1976 14,995.59 Gulf Coast Dodge (Alternate 1) Dodge 1976 15,169.65 Gulf Coast Dodge Bid Security. Trade-in - $2,650. (Alternate 2) Dodge 1975 9,679.96 (2) cars - (One ordered unit either Monaco or Cornet) River Oaks Chrysler Plymouth Plymouth 1976 14,157.39 Bid Bond 2,200. 2,200. 2,200. 2,400. It was moved by Councilman Reid, seconded by Councilman Griffin that the bids be received into the records of the City and referred to the City Manager and Police Chief for tabulation and recommendation later in the meeting. Motion passed 4 to 0. Bid No. 75-10, Truck Chassis For Sanitation Department: Vendor Make Price F.O.B Pearland Del Date Trade-in Jay Marks Chevrolet Chevrolet 1976 (Model CE62003) $10,412.17 - $500.00 Alvin Equipment Co. International 1976 (Model 1700) 9,287.00 Dec/Jan 387.00 Gulf Coast Dodge Dodge 1976 (Model D-700) 7,932.92 90 to 120days 200.00 Port City Ford Sales Ford (Model F-750) 8,877.32 60 to 75 days 250.32 r Vendor Make Price F.O.B.Pearland Del Date Trade-in Transerve Corp.975 p• GMC $ 9,475.00 in stock $ 650.00 International Harvester International Harvester 8,013.26 - 250.00 It was moved by Councilman Griffin, seconded by Councilman Sanders that the bids be received into the records of the City and referred to the City Manager for recommendation. Motion passed 5 to 0. APPROVAL OF MINUTES: It was moved by Councilman Sanders, seconded by Councilman Farley that the minutes of the meeting held on October 13, 1975 be approved as submitted. Motion passed 4 to 0. Councilman Frank abstained. MAYOR'S ACTIVITY REPORT: Mayor McComb read a letter from Frances Jamison praising the Pearland Police Department, Pearland Volunteer Fire Department's emergency team, and Niday's ambulance service for their quick action and assistance on Saturday October 25, 1975, when her mother became ill and had to be rushed to the hospital. Mayor McComb reported on the American Association of Small Cities, an organization formed by small cities to have some representation in Washington to enable smaller cities to get federal assistance. Until this organization was formed the cities under 50,000 had no representation in Washington and as a result the larger cities received most of the benefits. COUNCIL ACTIVITY REPORTS: Councilman Griffin reported that he met with the Twin Creek/Clear Creek Civic Club on October 14, 1975 and presented to the members two alternative means of ingress and egress to their subdivisions. First would be the extension of Robinson Drive to Highway 35, and second, the acquiring of approximately sixty feet of right of way on the South side of the existing Knapp Road in which would be constructed another roadway. Under the second alternative, one road would be used for inbound traffic and the other for outbound traffic. Councilman Griffin reported that neither suggestion seemed to be satisfactory with the members present at the meeting. Since the meeting Councilman Griffin advised that he had received the following letter from P. W. Schuster, President of the Clear Creek Civic Club: Mr. Cecil Griffin, Councilman City of Pearland Pearland, Texas 77581 "3220 Glastonbury Drive Pearland, Texas 77581 October 25, 1975 Dear Sir: We, the members of the Clear Creek Civic Club request your help by asking the city council to provide the residents of our subdivision some relief in entering and leaving our subdivision by automobile with some alternate road other than Knapp Road. We wish to offer our encouragement for any efforts on your part by supporting either an extension of Robinson Drive or a parallel road to the present Knapp Road, which ever is feasible and quickest. Sincerely yours, S/ P. W. Schuster, President" Councilman Griffin made the following recommendations: 1. We acquire the right of way and finance by the sale of Time Warrants the construction of a roadway from Highway 35 as far as possible along the South side of Knapp Road. 2. That a Public Hearing be called November 5, 1975 to present this concept to the people and get their feelings on this plan and have this item on the next agenda for action. Letters notifying all residents of the Clear Creek/Twin Creek area of this public hearing should be sent out as soon as possible. City Manager Wolff suggested the use of storm sewer in the ditch on the present Knapp Road right-of-way. City Manager Wolff and City Engineer to review this and report their findings at the Public Hearing. Public Hearing on Dog Ordinance: Councilman Sanders reported that a Public Hearing would be held on November 3, 1975 to discuss the dog problems. DEPARTMENTAL REPORTS: City Attorney Williams reported that at the last meeting he asked the Council to hold up the payment of Estimate No. 6 until he had an opportunity to review the contract documents. The question was on the retainage and since that time he, along with City Manager Wolff and City Engineer Collins had reviewed the contract and determined that if the Engineer would make a recommendation in writing that this retainage could be released. Mr. Collins has made such a recommendation in writing and the City Attorney recommended the approval of Estimate No. 6. CITIZENS: Mr. C. L. Freeland, Jr. - Mr. Freeland was not present at the meeting. UNFINISHED BUSINESS: ENGINEER'S ESTIMATE NO. 6 - R. T. BISHOP CONSTRUCTION COMPANY: Mayor McComb read a letter dated October 9, 1975 from Malcolm Collins recommending the approval of Estimate No. 6 - R. T. Bishop Construction Company. It was moved by Councilman Griffin, seconded by Councilman Reid that Engineer's Estimate No. 6, for work Completed through 30 September, 1975, in the amount of $29,773.47 be approved. This approval based on the Engineer's recommendation by letter dated October 9, 1975 and the verbal approval at this meeting by the City Engineer. Motion passed 5 to 0. 32 APPLICATIONS 17, 18 AND 19 - REPORT FROM PLANNING COMMISSION AND DATE OF PUBLIC HEARING BEFORE CITY COUNCIL: Mayor McComb read a report dated October 27, 1975 from Dennis M. Frauenberger, Chairman of the Planning and Zoning Commission regarding the request of B. M. Jamison for a change in land use from PU to Commercial on the following described property. APPLICATION NO. 17 (George E. Young for owner B. M. Jamison) Northwesterly 1/2 of Tract 82, George W. Jenkins Subdivision, W. D. C. Hall Survey, Abstract 70, Brazoria County, Texas, fronting 424.2' on CR 129 and consisting of five acres more or less. The letter report to.the Council indicated that the Planning Commission approved this requested change with the understanding that applicable safety regulations are enforced where underground pipelines are in the area of commercial or residential buildings. The approval was on a 6 to 1 vote with Richard Tetens opposed. Mayor McComb read a report dated October 27, 1975 from Dennis Frauenberger, Chairman of the Planning and Zoning Commission regarding the request of Mrs. Lula Belle Smith for a change in land use from PU to Commercial on the following described property: APPLICATION NO. 18 (George E. Young for owner Mrs. Lula Belle Smith) That certain tract of land being thirty acres more or less out of the W. D. C. Hall Survey, consisting of all of Tract 72, 73, and 74, Abstract 70, Brazoria County, Texas, George W. Jenkins Subdivision. The letter report to the Council indicated that the Planning Commission approved this requested change with the understanding that applicable safety regulations are enforced where underground pipelines are in the area of commercial or residential buildings. The approval was on a 6 to 1 vote with Royse Bomar opposed. Mayor McComb read a report dated October 27, 1975 from Dennis Frauenberger, Chairman of the Planning and Zoning Commission regarding the request of B. M. Jamison for a change in land use from PU to Commercial - Multi -family on the following described property: APPLICATION NO. 19 (George E. Young for owner B. M. Jamison) Tract 28, 29, 30 and 43 of the George W. Jenkins Subdivision, J. F. Perry and E. M. Austin Survey, Abstract 111, Brazoria County, Texas. (Front 250' of subject tract to be developed with shopping and restaurant facilities - back portion of property to be developed into Multi -family units.) The letter report to the Council indicated that the Planning Commission disapproved this request for land use change on a vote of 4 to 3. Opposed: Bill Frascino, Dennis Frauenberger, Richard Tetens and Royce Bomar. It was moved by Councilman Sanders, seconded by Councilman Griffin that the letter reports from the Chairman of the Planning & Zoning Commission dated October 27, 1975 and read separately in this meeting, regarding Applications 17, 18 and 19 be entered into the records of the City. Motion passed 5 to 0. `l f HEARING BEFORE COUNCIL ON APPLICATIONS NO. 17, 18 AND 19: It was moved by Councilman Sanders, seconded by Councilman Griffin that a Public Hearing be called before the City Council on Request for Land Use Change Applications 17, 18, and 19 on November 17, 1975 at 7:30 P. M. in the City Hall, 2335 N. Texas Avenue, Pearland, Texas. Motion passed 5 to 0. REPORT FROM PLANNING COMMISSION ON APPLICATION NO. 20: Mayor McComb read a report dated October 27, 1975 from Dennis Frauenberger, Chairman of the Planning and Zoning Commission regarding the request of the City Council for amendments to the Land Use and Urban Development Ordinance.as follows: THE STATE OF TEXAS COUNTY OF BRAZORIA APPLICATION FOR AMENDMENT We the undersigned Mayor and City Council of the City of Pearland, Texas, do hereby initiate this Application for Amendment to the Land Use and Urban Development Ordinance No. 246, all in accordance with and pursuant to the authority of Article IV et seq. of Ordinance No. 246. We respectfully submit and hereby declare that in order to conform with the Comprehensive Development Plan for the City of Pearland, Texas, the following amendments to the text of Ordinance No. 246 should be made and that such amendments would in all things be in the general interest of the Public. The requested amendments are as follows: 1. That Article II Section 00-6, Subsection 6-8 (7) be amended to read as follows: "(7) Explosives Manufacture with Storage." 2. That Article II Section 00-6, Subsection 6-9 (1) Use Provisions be amended to read as follows: "The area or areas which are designated as Planned Unit Development District are set forth on the Land Use District Map, and certain designated land uses permitted for this district are indicated in Appendix A, (Schedule of Uses). If the proposed use of the property is not permitted by Appendix A (Schedule of Uses, an application may be initiated to alter or adjust the property to some other appropriate development district in accordance with the provisions herein provided in Article IV., Section 00-10, for amending this ordinance." 3. That Article IV Section 00-10, Subsection 10-2 (6) be amended as follows: "-------------------- within a radius of two hundred (200) feet, excluding street width, of the property proposed for reclassification." 4. That Article V Section 00-17, Subsection 17-2 be amended to read as follows: "--------------------- the building inspector shall order the work stopped --------- S. That Appendix "A" be amended by deleting the entire section designated as Plan Approval and that all P/A Designations in Planned Unit (PU) Districts should read No. '6. That the Schedule of Uses in Append§)A A be amended as follows: "Multi -Family - OP District should read No. "Multi -Family - PU District should read No. Respectfully submitted, s/ Carlton McComb, Mayor s/ Benny J. Frank, Councilman s/ Tom Reid s/ C. W. Griffin s/ Gene E. Sanders S1 Harry E. Farley 014 The letter report to the Council indicated that the Planning and Zoning Commission approved all of the requested amendments set out in Application No. 20 by a unanimous vote. It was moved by Councilman Griffin, seconded by Councilman Frank that the letter report from the Planning and Zoning Commission dated October 27, 1975 be entered into the records of the City. Motion passed 5 to 0. It was moved by Councilman Sanders that Application No. 20 be referred back to the Planning and Zoning Commission with a request that each amendment be acted on separately. Motion died for lack of a second. It was moved by Councilman Griffin, seconded by Councilman Reid that a Public Hearing before the City Council on Application 20 be held on November 25, 1975 at 7:30 P. M. in the City Hall, 2335 N. Texas Avenue, Pearland, Texas. Motion passed 4 to 1. Councilman Sanders opposed. SPECIFIC USE PERMIT - REQUEST BY RAY STONE: Mayor McComb read a letter dated October 27, 1975 from Dennis Frauenberger, Chairman of the Planning and Zoning Commission advising that the Specific Use Permit for a residence home for the aged (nursing home) be granted with the understanding that applicable safety regulations are enforced where underground pipelines are in the area of commercial or residential buildings. The vote by the Planning and Zoning Commission was unanimous. MEETING RECESSED: 8:45 P. M. - RECONVENED 8:55 P. M. It was moved by Councilman Griffin, seconded by Councilman Frank that a Specific Use Permit to build a convalescent center at Orange Street and Woody Road be approved pursuant to the recommendation of the Planning and Zoning Commission's letter report dated October 27, 1975. Legal description of property as follows: 6.352 acres out of Lot 24 of the W. Zychlinski Subdivision of Section 4, H. T. & B. Survey, Abstract 543, Brazoria County, Texas, as shown on Plot Plan in hand. Mr. Stone spoke before the City Council and advised that the convalescent center he proposed was a maximum of 64 beds, be of non-combustible construction, the load bearing walls will be 4 hour fire rating, the roof 2 hour fire rating and all dividing petitions in the building will be steel studs. The home will be built to meet the specifications of a skilled care nursing home. This will be primarily a home for the aged with skilled nursing care incidental:.. The area of the building will be approximately 11,000 square feet. Mr. Stone advised that he did not plan any screening from the adjacent property. Councilman Reid stated that he felt that the Specific c3 5 Use Permit is almost the same level as rezoning when it is in the PU District, and he felt the same level of thought should go into it that goes into rezoning. Counciman Frank left meeting at 9:00 P. M. Mayor McComb called for a vote on the motion. Motion passed 3 to 1. Councilman Reid opposed. BRAZORIA COUNTY ROAD ALLOCATION FOR 1976: It was moved by Councilman Farley, seconded by Councilman Griffin that the allocation of $8,000.00 by Brazoria County Precinct No. 3 be expended for roadway repairs, namely Dixie Farm Road, beginning at the South City Limits and going northerly as far as it will go. Motion passed 4 to 0. HOUSTON LIGHTING AND POWER COMPANY'S LETTER DATED OCTOBER 21, 1975: Mayor McComb read a letter from Otto Schroeder dated October 21, 1975 regarding litigation with the City of Houston on the Houston Lighting and Power Company's request for a rate increase, however, this letter did not request a Public Hearing for a rate increase for citizens'.of Pearland as.prescribed in the Charter. It was moved by Councilman Sanders, seconded by Councilman Griffin that the letter dated October 21,1975 from Houston Lighting and Power Company, over the signature of Otto Schroeder, Division Manager, be referred to the City Attorney for study and later comment to the Council. Motion passed 4 to 0. PEARLAND-FRIENDSWOOD RECIPROCAL AGREEMENT FOR WATER & SEWER SERVICES - RESOLUTION NO. 75-26: The Agreement with the City of Friendswood for serving certain areas of the City with water and sewer service with the City of Pearland serving certain areas of Friendswood with same service was brought before the City Council for consideration. It was moved by Councilman Griffin, seconded by Councilman Reid that Resolution No. 75-26 be approved on first and final reading. Said Resolution No. 75-26 reads in caption as follows: RESOLUTION NO. 75-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE 'M YOR"'TO"EXECUTE A CONTRACT BY AND BETWEEN THE CITY OF PEARLAND AND THE CITY OF FRIENDSWOOD, TEXAS. Voting "aye" - Councilman Reid, Councilman Griffin, Councilman Sanders and Councilman Farley. Voting "no" - None Motion passed 4 to 0. APPOINTMENT OF MEMBER OF IMPROVEMENT AND BEAUTIFICATION BOARD: This item to be on the next regular agenda. 36" APPOINTMENT OF CHAIRMAN OF IMPROVEMENT AND BEAUTIFICATION BOARD: Councilman Reid advised that the resignation of Mr. Weldon Rogers from the Improvement and Beautification Board created a vacancy in the officers of this Board. It was moved by Councilman Reid, seconded by Councilman Farley that Mrs. Sandra Price be named as Chairperson of the Improvement and Beautification Board. Motion passed 4 to 0. AD VALOREM RECORDS INC.: It was moved by Councilman Griffin, seconded by Councilman Sanders that the Contract for billing of current and delinquent taxes by Ad Valorem Records, Inc. be approved. Motion passed 4 to 0. It was moved by Councilman Farley, seconded by Councilman Griffin that the Contract for the accounting &fiscal year end by Ad Valorem Records, Inc. be approved. Motion passed 4 to 0. ORDINANCE NO. 315 - STREET LOAD LIMIT AND TRUCK ROUTE ORDINANCE: Ordinance No. 315 read in full by Councilman Griffin. (First Reading) It was moved by Councilman Griffin, seconded by Councilman Reid that Ordinance No. 315 be passed and approved on first reading as amended. Said Ordinance No. 315 reads in caption as follows: ORDINANCE NO. 315 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS ESTABLISHING LOAD LIMITS ON STREETS WITHIN THE CITY, ESTABLISHING PERMITS, ESTABLISHING TRUCK ROUTES, PROVIDING FOR THE ENFORCEMENT AND PENALTIES, AND CONTAINING OTHER MATTERS RELATING TO THE SUBJECT. Voting "aye" - Councilman Farley, Councilman Sanders, Councilman Griffin and Councilman Reid. Voting "no" - None Motion passed 4 to 0. held Second reading of this ordinance to, be with until such time as the City Council can get a report from the City Engineer as to loading levels on the streets named in the Ordinance and whether or not this Ordinance would be adequate to maintain the loading levels. AWARD OF BID NO. 75-9 - POLICE PATROL AUTOMOBILES: City Manager Wolff advised that after checking with Chief Stanford on the bids submitted that they would recommend the low bidder, River Oaks Chrysler -Plymouth for three Police Patrol Units 1976 Plymouth Grand Fury /for a cost of $11,757.39 which includes trade-ins. It was moved by Councilman Griffin, seconded by Councilman Sanders that upon the recommend- ation of the City Manager and Chief of Police that Bid No. 75-9 for three police vehicles be awarded to River Oaks Chrysler -Plymouth in the amount of $11,757.39. Motion passed 4 to 0. BID NO. 75-10, TRUCK CHASSIS FOR SANITATION DEPARTMENT: City Manager Wolff recommended that this bid be awarded to Gulf Coast Dodge in the amount of $7,732.92. It was moved by Councilman Griffin, seconded by Councilman Farley that Bid No. 75-10 be awarded to Gulf Coast Dodge in the amount of $7,732.92 and the budget be adjusted accordingly. Motion passed 4 to 0. ORDINANCE NO. 316 - ORDINANCE OF NECESSITY FOR PAVING A PORTION OF WOODY ROAD: Ordinance No. 316 read in full by Councilman Griffin. (First reading) It was moved by Councilman Griffin, seconded by Councilman Reid that Ordinance No. 316 be passed and approved on first reading. Said Ordinance No. 316 reads in caption as follows: ORDINANCE NO. 316 AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE PAVING AND IMPROVEMENTS OF PORTIONS OF WOODY ROAD, CITY OF PEARLAND, TEXAS; APPROVING PLANS AND SPECIFICATIONS FOR SUCH WORK; AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR BIDS, IF NECESSARY, DIRECTING THE PREPARAt3`dNOF 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 IMPROVEMENTS SHALL BE PAID AND PROVIDING FOR THE ASSESSMENT OF A PORTION OF SUCH COST 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 THIS ORDINANCE TO BE FILED IN THE DEED OF TRUST RECORDS OF BRAZORIA COUNTY, TEXAS, PROVIDING A SAVINGS CLAUSE AND AN EFFECTIVE DATE HEREOF. Voting "aye" - Councilman Farley, Councilman Sanders, Councilman Griffin and Councilman Reid. Voting "no" - None Motion passed 4 to 0. Councilman Griffin requested that an item be placed on the agenda of the next regular meeting for the purpose of terminating the present rate and naming Woody Road as the last street under the original participation program and that we redetermine the correct rate. OTHER BUSINESS: It was moved by Councilman Farley, seconded by Councilman Reid that the absence of Councilman Frank from the regular meeting of October 13, 1975 be shown as "excused absence". Motion passed 4 to 0. MEETING RECESSED 10:10 P. M. - RECONVENED 10:12 P. M. BID NO. 75-10, TRUCK CHASSIS FOR SANITATION DEPARTMENT: It was moved by Councilman Sanders, seconded by Councilman Reid that after conversation with the City Manager that undue handicap was placed on City Manager in asking that he review the bids in such short time, that the motion awarding Bid No. 75-10 be withdrawn and that the bids be further studied by the City Manager and awarded at the next regular meeting. Motion passed 4 to 0. EXECUTIVE SESSION: Executive session under Texas Open Meeting's Law, Section 2, Sub- section (e) - Consultation with City Attorney. Time 10:14 P. M. Reconvened to open session - no action as as result of executive session. ADJOURN: Meeting adjourned at 10:55 P. M. Minutes approved as submitted and/or corrected this the /p day of A. D. 1975. - � l (!iU Lit- i Mayor ATTEST: ae� City Secretary