1976-09-27 CITY COUNCIL REGULAR MEETING MINUTES"It
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
HELD ON SEPTEMBER 27, 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
Councilman
Councilman
Councilman
Councilman
City Manager
City Attorney
City Secretary
INVOCATION AND PLEDGE OF ALLEGIANCE:
Tom Reid
Harry Farley
Cecil W. Griffin
Terry Gray
Benny Frank
William E. Wolff
Bobby Williams
Dorothy L. Cook
The invocation was given by Councilman Reid. The Pledge of Allegiance was led
by City Attorney Williams.
APPROVAL OF MINUTES:
It was moved by Councilman Farley, seconded by Councilman Gray that the minutes
of the regular meeting held on September 13, 1976, be approved as submitted.
Motion passed 5 to 0.
MAYOR'S ACTIVITY REPORT:
Mayor McComb announced that due to Veteran's Day Holiday, the second regular
council meeting in October would be held on Tuesday, October 26, 1976 at
7:30 P.M.
COUNCIL ACTIVITY REPORTS: None
DEPARTMENTAL REPORTS:
City Manager Wolff asked Mr. Harold Sanders, Civil Defense Coordinator to explain
the new telephone emergency number. Mr. Sanders advised that a special number
has been assigned by the telephone company for emergency calls. This number is
485-4357 and can be dialed by calling the prefix 485 and H -E -L -P. He advised
that he felt that people would remember to dial HELP and would not have to look
up a number when they need emergency services. This would be for fire, police
or ambulance and would not be for information.
CITIZENS:
This item moved to a later time in the Agenda.
DOCKETED PUBLIC HEARINGS: None
�5
UNFINISHED BUSINESS:
SLEEPY HOLLOW - 25 ACRES - NIMMONS-YOUNG DEVELOPER:
Councilman Frank reported that he discussed the deficiencies in this subdivision
with the City Engineer, Malcolm Collins, and most of the deficiencies outlined in
Mr. Collins' report have been corrected, with the exception of the streets. _.
Councilman Frank stated that he advised the developer, through the consent of
the City Council, that there are some sections of the streets that need to be
torn out as the concrete is below par and have more than one structural crack in
a bay section. Councilman Frank also recommended that where there is only one
structural crack in a bay section that this surface be cut and ditched. He
further recommended that since there had been quite a few deficiencies in the
sewer line that these lines be given another water test, and City Engineer
Collins be present.
MEETING RECESSED AT 7:50 P. M. - RECONVENED AT 7:55 P. M.
It was moved by Councilman Griffin, seconded by Councilman Reid that the motion
made in the previous meeting concerning approval of the West section of Sleepy
Hollow Subdivision be withdrawn and that the matter of approval of that section
be referred to the City Engineer for review and acceptance subject to compliance
with the subdivision ordinance. Motion passed 5 to 0.
ORDINANCE NO. 246-21, AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE, LOTS 1
25,.26,,and-27, JENKINS SUBDIVISION, ABSTRACT 70:
Ordinance No. 246-21 was read in full by Councilman Griffin. (Second reading)
It was moved by Councilman Griffin, seconded by Councilman Gray that Ordinance No.
246-21 be passed and approved on second and final reading. Said Ordinance No.
246-21 reads in caption as follows:
ORDINANCE NO. 246-21
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 CONTAIN-
ING OTHER PROVISIONS RELATING TO THE SUBJECT.
Voting "Aye" - Councilman Frank, Councilman Gray, Councilman Reid, Councilman
Farley, and Councilman Griffin.
Voting "No" - None
Motion passed 5 to 0.
ORDINANCE NO. 280-1, AN ORDINANCE ESTABLISHING CHARGES FOR COLLECTION OF GARBAGE
AND REPEALING ORDINANCE NO. 280:
Ordinance No. 280-1 was read in full by Councilman Farley. (Second reading)
It was moved by Councilman Farley, seconded by Councilman Reid that Ordinance No.
280-1 be passed and approved on second and final reading. Said Ordinance No.
280-1 reads in caption as follows:
ORDINANCE NO. 280-1
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING
CHARGES FOR THE COLLECTION OF RESIDENTIAL GARBAGE WITHIN
THE CITY LIMITS; PROVIDING THAT SUCH CHARGES ALLOW NO CREDIT
FOR VACANCIES; PROVIDING THAT SUCH CHARGES BE DEBITED TO
EACH ACTIVE WATER METER ACCOUNT; PROVIDING THAT TRASH AND
BRUSH COLLECTION BE AVAILABLE TO RESIDENTIAL CUSTOMERS UPON
REQUEST; PROVIDING FOR CHARGES FOR THE COLLECTION OF COMMER-
CIAL GARBAGE; REPEALING ORDINANCE NO. 280 AND ALL ORDINANCES
IN CONFLICT HEREWITH, AND PROVIDING A SAVINGS CLAUSE.
Voting "Aye" - Councilman Griffin, Councilman Farley, Councilman Reid, Councilman
Gray, and Councilman Frank.
Voting "No" - None
Motion passed 5 to 0.
ORDINANCE NO. 246-22, AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE,
GEORGE L. GETZ, ET UX, APPLICATION NO. 28, MF TO C:
Ordinance No. 246-22 was read in full by Councilman Reid. (First reading)
It was moved.by Councilman Reid, seconded by Councilman Gray that Ordinance No.
246-22 be passed and approved on first reading. Said Ordinance No. 246-22
reads in caption as follows:
ORDINANCE NO. 246-22
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 FOR AN EFFECTIVE DATE AND CONTAINING OTHER
PROVISIONS RELATING TO THE SUBJECT.
Voting "Aye" - Councilman Griffin, Councilman Farley, Councilman Reid, Councilman
Gray, and Councilman Frank.
Voting "No" - None
Motion passed 5 to 0.
ORDINANCE NO. 246-23, AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE,
BRUNETTE C. COPPINGER - APPLICATION NO. 28A, MF TO C: `.•
Ordinance No. 246-23 was read in full by Councilman Gray. (First reading)
It was moved by Councilman Gray, seconded by Councilman Farley that Ordinance No.
246-23 be passed and approved on first reading. Said Ordinance No. 246-23 reads
in caption as follows:
e) r)I t
ORDINANCE NO. 246-23
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 Frank, Councilman Gray, Councilman Reid, Councilman
Farley, and Councilman Griffin.
Voting "No" - None
Motion passed 5 to 0.
NEW BUSINESS:
APPROVAL OF FINAL PLAT - DIXIE HOLLOW SUBDIVISION:
It was moved by Councilman Griffin, seconded by Councilman Gray that the final
plat of Dixie Hollow Subdivision be approved. Motion passed 5 to 0.
APPOINTMENT OF ASSISTANT CITY MANAGER:
The matter of an Assistant City Manager was brought before the City Council for
consideration. City Manager Wolff recommended that Tax Assessor Collector James
0. DeShazer be appointed to serve as Assistant City Manager. This appointment
would be to serve during the absence of the City Manager in the same manner that
the Mayor Pro Tem serves in the Mayor's position.
It was moved by Councilman Reid, seconded by Councilman Frank that upon the
recommendation of the City Manager, and in view of the obvious need for such a
position, that Mr. James 0. DeShazer be appointed as Assistant City Manager to
act in the absence of the City Manager, and any extra salary be transferred from
the Council Contingency Fund. Motion passed 5 to 0.
DEPOT BUILDING:
The proposal submitted to the Improvement and Beautification Board by Erwin A.
Matocha for repair and painting of the Depot Building was discussed. The $1,820.00
proposal submitted by Erwin A. Matocha. and listed as first phase of project and
titled "Preparation Exterior of Building". The second phase proposal entitled
"Cleaning and Painting of Exterior of Building" was for $1,635.00. The type of
materials for repair as well as other items in the proposal, were discussed by the
City Council.
It was moved by Councilman Griffin, seconded by Councilman Frank that the matter of
the reconditioning of the Depot building be referred to Councilman Frank for
discussion and review of materials and work to be done and that if the materials
and work to be done is acceptable to Councilman Frank that he be authorized to
direct the Contractor to proceed with the work. Motion passed 4 to 0. Councilman
Gray opposed.
28
APPLICATION NO. 32, JERRY W. RAWLS - REQUEST FOR CHANGE IN LAND USE:
MEETING RECESSED AT 8:45 P.M. - RECONVENED AT 9:00 P.M.
A request for change in zoning by Jerry Rawls was brought before the City Council
for the calling of a Public Hearing before the Planning and Zoning Commission.
The request covered rezoning of Lots 1,2,3,4, and 6 of the Elton J. Davis Sub-
division, from PU to M-1.
It was moved by Councilman Reid, seconded by Councilman Frank that a Public
Hearing be called before the Planning and Zoning Commission on Application No.
32 for 7:30 P.M. on October 19, 1976. Motion passed 5 to 0.
AD VALOREM RECORDS CONTRACT FOR CURRENT DELINQUENT TAX ROLLS:
Mayor McComb read a memo from James 0. DeShazer, Tax Assessor -Collector wherein
he recommended that the City approve the Contract for another year. This contract
reflected no increase in cost over the contract last year.
It was moved by Councilman Griffin, seconded by Councilman Reid that the Contract
for Current and Delinquent Tax Rolls with Ad Valorem Records, Inc. be approved.
Motion passed 5 to 0.
AD VALOREM RECORDS CONTRACT FOR ACCOUNTING AND FISCAL YEAR END:
Tax Assessor -Collector, James 0. DeShazer, also recommended that the City approve
this Contract for another year with no change in cost to the City over the contract
last year.
It was moved by Councilman Griffin, seconded by Councilman Reid that the Contract
for Accounting and Fiscal Year End with Ad Valorem Records, Inc. be approved.
Motion passed 5 to 0.
ORDINANCE NO. 336, AN ORDINANCE DETERMINING TO GRANT, PROVIDING FOR AND ALLOWING
"UPDATED SERVICE CREDIT" FOR EMPLOYEES COVERED BY TEXAS MUNICIPAL RETIREMENT
SYSTEM:
Ordinance No. 336 was read in full by Councilman Frank. (First reading)
A discussion was held regarding the cost to the City, not only for one year, but
on a long range basis if the "Updated Service Credit" for employees was approved.
This Ordinance to be placed on the next agenda and at that time the City
Manager will furnish the projected figures on the City's cost.
ORDINANCE NO. 337, AN ORDINANCE PROVIDING FOR INCREASED MUNICIPAL CONSTRUCTIONS
TO CURRENT SERVICE ANNUITY RESERVE AT RETIREMENT OF EMPLOYEES OF THE CITY OF PEARLAND:
This item to be placed on next agenda.
x'29
ORDINANCE NO. 338, AN ORDINANCE CREATING A NEW DEPARTMENT OF THE CITY TO BE KNOWN
AS THE EMERGENCY MEDICAL SERVICE DEPARTMENT:
Ordinance No. 338 was read in full by Councilman Farley. (First reading)
The City Attorney advised that this Ordinance is basically and generally designed
to create a new department in the future of the City in which there would be a
full time paid director, who would be an officer of the City, and who would be
responsible for this Department similar to the City Attorney, Municipal Court Judge,
etc.
It was moved by Councilman Farley, seconded by Councilman Griffin that Ordinance
No. 338 be passed and approved on first of two readings. Said Ordinance No. 338
reads in caption as follows:
ORDINANCE NO. 338
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, CREATING A
NEW DEPARTMENT OF THE CITY TO BE KNOWN AS THE EMERGENCY
MEDICAL SERVICE DEPARTMENT; CONTAINING GENERAL PROVISIONS
RELATING TO SAID DEPARTMENT; PROVIDING A SAVINGS CLAUSE
AND PROVIDING AN EFFECTIVE DATE THEREOF.
Voting "Aye" - Councilman Frank, Councilman Gray, Councilman Reid, Councilman
Farley, and Councilman Griffin.
Voting "No" - None
Motion passed 5 to 0.
AGREEMENT WITH EMERGENCY MEDICAL SERVICE:
The proposed Agreement with the Pearland Area Medical Service was read into the
records by Councilman Griffin. A discussion was held regarding various aspects
of the contract. It was agreed that Item No. 7, Insurance should be amended to
read...."Premiums for said Insurance shall be paid for and be the responsibility
of the City of Pearland."
It was moved by Councilman Farley, seconded by Councilman Reid that the Mayor be
authorized to execute the Contract as revised with the Emergency Medical Service
group as of September 30, 1976. Motion passed 5 to 0.
CITIZENS:
Mr. Jack Niday of South Park Funeral Home advised that he had been serving the
City of Pearland for about eighteen years with ambulance service, however, it has
reached the point where they were unable to give the City the service they would
like to give. Mr. Niday advised that it was his intent to go out of the ambulance
business completely on October 1, 1976. He advised that he had a modular type
ambulance approximately one year old that he would like to donate to the City of
Pearland. This ambulance would be donated with no strings attached. The ambulance
will be ready to go and will have a full complement of equipment. Mr... Niday. stated
WX
that he felt this would be a good back-up ambulance in addition to the new one to
be purchased by the City.
NEW BUSINESS: (Continued)
It was moved by Councilman Farley, seconded by Councilman Griffin that we grate-
fully accept Mr. Niday's offer of an ambulance and continue with our current plans
for acquisition of ambulance as set out in the Revenue Sharing Budget. Motion
passed 5 to 0.
OTHER BUSINESS:
The Mayor called for an Executive Session under Section 2, Subsection (f),
purchase, exchange, lease or value of real property - (right of way); Section 2,
Subsection (g) Personnel. Time 10:00 P.M.
Reconvene to open session for action as a result of Executive Session.
Time 11:55 P.M. No action taken.
ADJOURN MEETING: 11:56 P.M.
Minutes approved as submitted and/or corrected this the day of
A. D . , 19 76 .
ATTEST:
City Secreta
Mayor