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1976-05-10 CITY COUNCIL REGULAR MEETING MINUTES1:33 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MAY 10, 1976, 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 Carlton McComb Councilman Cecil W. Griffin Councilman Terry Gray Councilman Tom Reid Councilman Benny J. Frank City Manager William E. Wolff City Attorney Bobby J. Williams City Secretary Dorothy L. Cook Absent from the meeting: Councilman Harry Farley INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Councilman Reid. The Pledge of Allegiance was led by Councilman Griffin. BID OPENING: Bid No. 76-10, One Truck Cab & Chassis: Bids opened as follows: VENDOR MODEL PRICE Gulf Coast Dodge, Inc. Dodge $6,627.42 Bud Brown Ford, Inc. Ford 5,623.99 Port City Ford Truck Sales Ford 5,662.96 Bob Robertson Chevrolet Chevrolet 6,769.27 Superior Trucks GMC 6,455.00 Alvin Equipment Co., Inc. International 6,395.00 International Harvester Co. International 5,860.55 DELIVERY 90 - 120 days August It was moved by Councilman Reid, seconded by Councilman Frank that the bids re- ceived under Bid No. 76-10 be received into the records of the City. Motion passed 3 to 0. It was moved by Councilman Frank, seconded by Councilman Griffin that the bids received under Bid No. 76-10 be referred to the City Manager and Public Works Director for tabulation and recommendation. Motion passed 3 to 0. CHANGE IN ORDER OF BUSINESS: Mayor McComb changed order of business so that the election results could be canvassed and the new Councilman sworn in. Mayor McComb read the official Election Results as tabulated by the Central 134 Counting Station in Angleton as follows: NUMBER OF BALLOTS CAST 325 COUNCILMAN POSITION 3 (UNEXPIRED TERM) CITY OF PEARLAND COUNCIL RUN-OFF ELECTION MAY 8, 1976 Daniel G. Shaw 137 42.1% Terry Gray 188 57.8% The following Resolution was introduced and passed: RESOLUTION NO. 76-11 RESOLUTION AND ORDER DECLARING RESULTS OF CITY OFFICERS' RUN OFF ELECTION, HELD IN THE CITY OF PEARLAND, TEXAS, ON MAY 8, 1976. THE STATE OF TEXAS CITY OF PEARLAND On this the 10th day of May, 1976, the City Council of the City of Pearland, Texas, convened in regular session open to the public at the regular meeting place thereof with the following members present, to -wit: Mayor Councilman Councilman Councilman City Secretary Carlton McComb Cecil W. Griffin Tom Reid Benny J. Frank Dorothy L. Cook and the following absent: Councilman Harry Farley, constituting a quorum, and among other proceedings had were the following: Councilman Reid introduced a resolution and order and moved its adoption. The motion was seconded by Council- man Griffin, and the motion carrying with it the adoption of the resolution and order prevailed by the following vote: AYES: Councilman Reid, Councilman Frank, and Councilman Griffin; NOES: None. The resolution is as follows: There came on to be considered the returns of a Run Off Election held on the 8th day of May, 1976, for the purpose of electing the hereinafter named official, and it appearing from said returns, duly and legally made, that there were cast at said election 325 valid and legal votes; that each of the candidates in said election received the following votes: FOR COUNCILMAN POSITION 3 (UNEXPIRED TERM) NAME OF CANDIDATE TOTAL NUMBER OF VOTES RECEIVED Daniel G. Shaw 137 Terry Gray 188 THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: That said election was duly called; that notice of said election was given in accordance with law, and that said election was held in accordance with law, and that pursuant to valid ballots cast Terry Gray was duly elected City Councilman Position 3 (Unexpired Term) of said City, at said election, and said above named party is hereby declared duly elected to said City Councilman Position 3, (Unexpired Term) subject to taking of his oath and filing bond as provided by the laws of the State of Texas. It is further found and determined that in accordance with the order of this governing body the Secretary posted written notice of the date, place, and sub- ject of this meeting on the bulletin board located in the City Hall, a place convenient and readily accessible to the general public, and said notice having been so posted and remaining posted continuously for at least 72 hours preceding the scheduled time of said meeting. A copy of the return of said posting shall be attached to the minutes of this meeting and shall be made a part thereof for all intents and purposes. PASSED, APPROVED AND ADOPTED THIS 10th day of May, A.D., 1976. Signed by: Carlton McComb Mayor, City of Pearland, Texas ATTEST: Signed by: Dorothy L. Cook City Secretary Mayor McComb administered Oath of Office to Councilman elect Gray. APPROVAL OF MINUTES: It was moved by Councilman Reid, seconded by Councilman Frank that the minutes of the regular meeting held on April 26, 1976 be approved as corrected. Motion passed 3 to 0. Councilman Gray abstained. MAYOR'S ACTIVITY REPORT: None COUNCIL ACTIVITY REPORTS: None DEPARTMENTAL REPORTS: None CITIZENS: None T1(V"'VPM n DTTTIT.T0 L WA VTTT(_C . I. APPLICATION NO. 22 - Dr. J. R. DeKerlegand, et al - Request for change in land use on 12.791 acres out of Tracts C and D, Abstract 147. General Business to Commercial. PERSONS WISHING TO SPEAK FOR THE REQUESTED CHANGE: Dr. J. R. DeKerlegand advised the City Council that he and his associates planned 163 to build a mini storage complex on 2.7 acres of the land and he planned an office building on a portion of the property. PERSONS WISHING TO SPEAK AGAINST THE REQUESTED CHANGE: None QUESTIONS FROM THE CITY COUNCIL: The City Council discussed with Dr. DeKerlegand the use of the other acreage left in this tract after the mini storage complex and his office building were erected. Dr. DeKerlegand advised that the use of the other property in this tract would be compatible to his office building. ADJOURNED HEARING: 8:00 P.M. II. HOUSTON LIGHTING AND POWER COMPANY - REQUEST FOR CHANGE IN RATES: PERSONS WISHING TO SPEAK FOR THE REQUESTED CHANGE: Mr. Otto Schroeder, District Manager of the Houston Lighting & Power Company advised that in October of last year his Company approached the City Council regarding general increase in rates that were put into effect in the City of Houston on an injunction. Since that time negotiations have been underway be- tween the City of Houston's rate consultant and the Houston Lighting & Power to bring about a settlement. The result of these negotiations were the reduction of the temporary injunction rate of a 15% increase over the 1973 rate to a 7.750 increase over the 1973 rates, the revisions of the fuel Adjustment Clause based BTU, and the cost of service adjustment clause to offset expenses incurred by the Company. The City will receive each month a report on fuel adjustment cost and the cost of service clause. PERSONS WISHING TO SPEAK AGAINST THE REQUESTED CHANGE: None QUESTIONS FROM THE CITY COUNCIL: Several questions were asked by members of the City Council regarding the pass through to the customers of labor costs, etc. under the cost of service clause. It was the consensus of opinion that some controls should be placed on the amount the Houston Lighting & Power Company could automatically flow through and charge customers under the cost of service clause in the proposed rate change. HEARING ADJOURNED AT 8:30 P.M. III. SOUTHWESTERN BELL TELEPHONE COMPANY - REQUEST FOR CHANGE IN RATES. PERSONS WISHING TO SPEAK FOR THE REQUESTED CHANGE IN RATES: Mr._ Lynn Alexander, representative of Southwestern Bell Telephone made formal application on behalf of Southwestern Bell Telephone Company for an increase in basic monthly rates which will bring, before taxes, 11.7 million dollars in additional revenue. This increase request is based on the 1975 operating state- ment. The amount of earnings is some 51 million dollars less than 7.11% 137 authorized in the last ordinance dealing with local rates. Mr. Alexander advised that his company was not trying to recover the 51 million dollars, but trying to recover the 11.7 million dollars which was the amount expected from the directory assistance charge, which they were not able to put into effect. He advised that his Company planned to spend 250 million dollars in improvements in the Houston Metropolitan Area and this amount included the 11.7 million dollars anticipated from the directory assistance charge. The new rates will increase the monthly rate for one party residential service 70� per month; the two party residential rate will increase 40�; the business rate goes up $2.40. PERSONS WISHING TO SPEAK AGAINST THE REQUESTED CHANGE IN RATES: None QUESTIONS FROM THE CITY COUNCIL: City Manager Wolff advised the City Council that within a few months the new Public Utility Commission of Texas will take over the regulation of the telephone rates so that any rate approved by the City Council will be for a short period of time. ADJOURN HEARING: 8:45 P.M. MEETING RECESSED AT 8:45 P.M. - RECONVENED AT 8:50 P.M.: UNFINISHED BUSINESS: ORDINANCE NO. 321, AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMIT ON MYKAWA ROAD. Ordinance No. 321 was read in full by Councilman Griffin. (Final Reading) It was moved by Councilman Griffin, seconded by Councilman Frank that Ordinance No. 321 be approved and adopted on the second and final reading. It was moved by Councilman Frank, seconded by Councilman Reid that Delores Gant be allowed to speak to the Council. Motion passed 4 to 0. Ordinance No. 321 reads in caption as follows: ORDINANCE NO. 321 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF ARTICLE 6701D, VERNON'S TEXAS CIVIL STATUTES, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE.LIMITS OF THE CITY OF PEARLAND, TEXAS, AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED $200.00 FOR THE VIO- LATION OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. Voting "Aye" - Councilman Frank, Councilman Reid, Councilman Griffin, Councilman Gray. Voting "No" - None Motion passed 4 to 0. i 138 NEW BUSINESS: ELECTION OF MAYOR PRO TEM: It was moved by Councilman Griffin, seconded by Councilman Frank that Councilman Tom Reid be elected Mayor Pro Tem for the coming year. Motion passed 3 to 0. Councilman Reid abstained. APPLICATION NO. 23, GABRIEL BAIZAN, REQUEST FOR CHANGE IN LAND USE: Mayor McComb read the letter of recommendation from the Planning and Zoning Commission dated April 28, 1976. It was moved by Councilman Reid, seconded by Councilman Gray that the letter of recommendation from the Planning and Zoning Commission dated April 28, 1976 be accepted into the records of this meeting. Motion passed 4 to 0. It was moved by Councilman Reid, seconded by Councilman Griffin that a Public Hearing be held on June 14, 1976 under Docketed Public Hearings of the regular agenda for Application No. 23, by Gabriel Baizan. Motion passed 4 to 0. APPLICATION NO. 24, GEORGE E. YOUNG, TRUSTEE, REQUEST FOR CHANGE IN LAND USE: Mayor McComb read the letter of recommendation from the Planning and Zoning Commission dated April 28, 1976. It was moved by Councilman Griffin, seconded by Councilman Reid that the letter of recommendation from the Planning and Zoning Commission dated April 28, 1976 be accepted into the records of this meeting. Motion passed 4 to 0. It was moved by Councilman Griffin, seconded by Councilman Gray that a Public Hearing be held on June 14, 1976 under Docketed Public Hearing of the regular agenda for Application No. 24, by George E. Young, Trustee. Motion passed 4 to 0. APPLICATION NO. 27, BERNICE E. WALLACE, REQUEST FOR CHANGE IN LAND USE - CALL OF A PUBLIC HEARING BEFORE THE PLANNING AND ZONING COMMISSION. It was moved by Councilman Griffin, seconded by Councilman Gray that the Public Hearing before the Planning and Zoning Commission on Application No. 27 by Bernice E. Wallace be set for 7:30 P.M. on June 1, 1976. Motion passed 4 to 0. REPORT FROM IMPROVEMENT AND BEAUTIFICATION BOARD: Mayor McComb read a letter from the Improvement and Beautification Board dated May 10, 1976. ORDINANCE NO. 322, AN ORDINANCE OF THE CITY OF PEARLAND ADOPTING AND APPROVING THE RATE SCHEDULES OF HOUSTON LIGHTING & POWER CO. TO BE KNOWN AS SCHEDULE RS -1 & MGS-1: Ordinance No. 322 was read in full by Councilman Reid. (First Reading) It was moved by Councilman Griffin, seconded by Councilman Frank that Ordinance No. 322 be approved on the first reading with the following modification: that under adjustments of rates as shown on Rate Schedules RS -1 and MGS-1 the item referred to as "Second: Plus or minus an amount for charges in cost of service in accord- ance with Rider COS." be deleted. Said Ordinance No. 322 reads in caption as follows: ORDINANCE NO. 322 AN ORDINANCE OF THE CITY OF PEARLAND, BRAZORIA AND HARRIS COUNTIES, TEXAS, ADOPTING AND APPROVING THE RATE SCHEDULES OF HOUSTON LIGHTING AND POWER COMPANY TO BE KNOWN AS SCHED- ULE RS -1 AND SCHEDULE MGS-1 SET FORTH IN EXHIBIT "A" AND EXHIBIT "B" AS ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE; AND PROVIDING FOR AN EFFECTIVE DATE FOR SUCH RATE OR RATES. Voting "Aye" - Councilman Frank, Councilman Reid, Councilman Griffin, and Councilman Gray. Voting "No" - None Motion passed 4 to 0. ORDINANCE NO. 323, AN ORDINANCE OF THE CITY OF PEARLAND PRESCRIBING BASIC RATES AND CHARGES FOR LOCAL EXCHANGE TELEPHONE SERVICE FURNISHED BY SOUTHWESTERN BELL TELEPHONE rnmpAmv _ Ordinance No. 323 was read in full by Councilman Frank. (First Reading) It was moved by Councilman Reid, seconded by Councilman Griffin that Ordinance No. 323 be approved on the first of two readings as corrected. Said Ordinance No. 323 reads in caption as follows: ORDINANCE NO. 323 AN ORDINANCE OF THE CITY OF PEARLAND PRESCRIBING BASIC RATES AND CHARGES FOR LOCAL EXCHANGE TELEPHONE SERVICE FURNISHED BY SOUTHWESTERN BELL TELEPHONE COMPANY, MAK- ING CERTAIN FINDINGS RELATED THERETO; PROVIDING A SE- VERABILITY CLAUSE, AND CONTAINING OTHER MATTERS RELATING THERETO. Voting "Aye" - Councilman Frank, Councilman Reid, and Councilman Griffin. Voting "No" - None Motion passed 3 to 0. Councilman Gray abstained. ORDINANCE NO. 246-15, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE - APPLICATION NO. 22, DR. J. R. DE KERLEGAND - GENERAL BUSINESS TO COMMERCIAL. Ordinance No. 246-15 was read in full by Councilman Gray. (First Reading) It was moved by Councilman Gray, seconded by Councilman Griffin that this Ordinance No. 246-15 be approved on first reading as corrected. Said Ordinance No. 246-15 reads in caption as follows: 14 ORDINANCE NO. 246-15 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. Voting "Aye" - Councilman Gray, Councilman Griffin, Councilman Reid, and Councilman Frank. Voting "No" - None Motion passed 4 to 0. AWARD OF BID NO. 76-10, TRUCK CAB & CHASSIS: City Manager Wolff advised the Council that the bid submitted by Bud Brown Ford, Inc. was the lowest and best bid and that he and the Public Works Director recom- mended this bid be accepted. Mr. Wolff also advised that the bid was higher than the amount budgeted under the General Revenue budget and that $623.99 will need to be taken out of the Council Contingency Fund. It was moved by Councilman Griffin, seconded by Councilman Reid that the bid for the truck cab & chassis be awarded to Bud Brown Ford, Inc. for the low bid of $5,623.99 based upon recommendation by the City Manager and Public Works Director, and any excess over and above the amount budgeted for this purchase be taken from the Council Contingency Fund. Motion passed 4 to 0. APPnTNTMFNT nF THRFF: MFMRFRS Tn THF TMPRnvFMFNT f RRATTTTFTC'ATTnm RnApn It was moved by Councilman Reid, seconded by Councilman Gray that Mrs. Sandra Price and Mrs. Milton Farmer be reappointed to three year terms on the City Improvement and Beautification Board. Motion passed 4 to 0. Mayor McComb administered Oath of Office to Mrs. Price and Mrs. Farmer. OTHER BUSINESS: None RECESS TO EXECUTIVE SESSION AT 9:40 P.M. EXECUTIVE SESSION ON PERSONNEL - SECTION 2, SUBSECTION (g) TEXAS OPEN MEETING LAW. RECONVENED TO OPEN SESSION AT 10:20 P.M. FOR ANY ACTION AS A RESULT OF EXECUTIVE SESSION. NO ACTION. MEETING ADJOURNED AT 10:23 P.M. Minutes approved as submitted and/or corrected this day of A. D., 1976. ATTEST- Mayor G City Secretary