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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