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1977-01-24 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JANUARY 24, 1977, 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 Tom Reid Councilman Cecil W. Griffin Councilman Harry Farley Councilman Terry Gray Asst. City Manager James 0. DeShazer City Attorney Bobby J. Williams City Secretary Dorothy L. Cook Absent from the meeting: Councilman Benny J. Frank and City Manager William E. Wolff. INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Councilman Tom Reid. The Pledge of Allegiance was led by Councilman Terry Gray. BID OPENING - BID NO. 76-14, WATERWORK'S SUPPLIES: Bids opened as follows: VENDOR BID Jones Supply Company The Rohan Company Utility Supply Company $19,860.00 Total Bid 16,080.00 (10" Pipe) 19,454.20 Total Bid 15,376.50 (10" Pipe) 18,113.00 Total Bid 14,338.00 (10" Pipe) ALTERNATE BID $11,055.00 (8" Pipe) 9,815.50 (8" Pipe) 10,050.00 (8" Pipe) It was moved by Councilman Gray, seconded by Councilman Reid that the bids be accepted into the records of the City and referred to Assistant City Manager James DeShazer and Public Work's Director Escue V. Harris for tabulation and recommend- ation to the City Council. Motion passed 4 to 0. APPROVAL OF MINUTES: It was moved by Councilman Reid, seconded by Councilman Farley that the minutes of a special meeting held on January 6, 1977 be approved as submitted. Motion passed 4 to 0. It was moved by Councilman Farley, seconded by Councilman Gray that the minutes of a regular meeting held on January 10, 1977 be approved as submitted. Motion passed 4 to 0. W59 MAYOR'S ACTIVITY REPORT: Mayor McComb advised that he met with County Commissioner Joe Plaster on Saturday, January 22, 1977, to discuss various problems. A report will be made under Item I of New Business, entitled "Brazoria County Road Allocation for 1977". COUNCIL ACTIVITY REPORTS: Councilman Griffin reported that he, along with Assistant City Manager DeShazer and Planning and Transportation Director, Ron Wicker, met with Mr. Miller of Dansby $ Miller, Architects to discuss our future new city hall. Mr. Miller had a conceptural plot plan and this matter seems to be proceeding along in an orderly manner. We should have more final plans about the first of March. Regarding the possibility of the school administrative offices being located within this same building, we have passed on to Mr. Bullard, Superintendent, cost prices of their leasing a part of this building. The concept is that we would lease them space in the building at whatever cost of operating the building is on a short term lease. If they want a longer lease, then we would have to consider the capital cost. This will be considered by the School Board sometime in the future. Councilman Gray reported that the City of Pearland introduced a Resolution at the Brazoria County Cities Association regarding the supporting of the Governor's financial program for supporting the Highway Department. The Brazoria County Cities Association voted unanimously to adopt this Resolution and a copy of this Resolution has been mailed to representatives of Brazoria County in Austin. DEPARTMENTAL REPORTS: None DOCKETED PUBLIC HEARINGS: Mayor McComb moved Docketed Public Hearing I to a later time in the meeting. II ENTEX, INC. REQUEST FOR RATE CHANGE: PERSONS WISHING TO SPEAK FOR THE REQUESTED RATE CHANGE: Arlen Williams, District Manager of Entex, Roy Baker, Manager of Alvin Office of Entex, Wayne Johnson, General Counsel for Entex. Mr. Williams passed out a "bill stuffer" which was mailed in the gas bills in December and advised that this brochure shows what happens to the gas dollars that are collected from the customer. He advised that Entex was asking for an increase on the minimum bill of $1.50 per customer on the first step of the bill. The minimum bill is now $2.50 per customer and they are asking for the minimum bill to be increased to $4.00. The Small Commercial Customers would increase from $2.50 to $4.50 net monthly minimum bill. Cost of service adjustment provision is also included. He advised the City Council that if Entex was allowed this MO increase, they would not be back for adjustment of Residential of Small Customers rates for two years, hopefully longer. PERSONS WISHING TO SPEAK AGAINST THE REQUESTED CHANGE: Mr. George Young asked what options would be available if the rate increases were not granted by the City Council. Mr. Wayne Johnson, General Counsel for Entex, advised that if the City Council does not take any action, or denies the increase, the Company may take an appeal to the Railroad Commission. The Railroad Commission will then make a decision on what the City should have allowed. Mr. Curtis DuPriest asked if the promise of no increase in two years was in writing, and he was advised by Mr. Johnson of Entex that it was in the material furnished to the City Council. QUESTION AND ANSWER PERIOD: Councilman Gray asked if there would be any checks on the cost of service adjustment such as providing a monthly review to the Council so they could tell how much cost of service would be passed each month. Mr. Gray was advised by Entex represent- atives that this was an annual adjustment, and if the City desires, Entex would add a specific sentence to provide that the company would be required to give this information to the City Council each year, starting in April, 1978. Councilman Reid pointed out that apparently there are three potential increases involved in the request. First, base increase in minimum rate; second, any ad- ditional cost of gas, which is pass through cost; third, after accumulating ex- perience for the first year 1977, and going into 1978, Entex would take that experience cost of service adjustment and amontize that into each bill over the next coming 12 months and would be building up another cost of service adjustment for the following year. What we will be paying is the cost of gas plus the minimum increase for the year 1977 and the cost of service adjustment will be amontized into the bills in May. 1, 1978. The representative of Entex advised that this was correct. Mayor McComb asked whether or not Entex was asking for a rate increase in Houston. The General Counsel for Entex advised that Entex was not asking for a rate increase in the Houston Division at this time and were only asking for a rate increase in the Texas Coastal Division. Councilman Griffin asked if this rate was lower or higher than Houston rates. Mr. Johnson answered that the rate was higher. Mayor McComb asked if Houston has a cost of service adjustment in its rate. The answer was no, not in residential and commercial. 2803 Councilman Griffin asked for a fair rate base analysis on the City of Pearland. Entex officials stated that they would be happy to do this, but it would take a little time. Mayor McComb advised Entex officials that this information had been requested a number of times and we have never seen this study. Mayor McComb recessed the Public Hearing until further data is presented. This item will then be placed on the Agenda. UNFINISHED BUSINESS: APPOINTMENT OF A MEMBER OF THE CHARTER REVIEW COMMISSION: It was moved by Councilman Reid, seconded by Councilman Farley that Leroy J. Savoie be appointed as a member of the Charter Review Commission. Motion passed 4 to 0. Mayor McComb administered the Oath of Office to Mr. Savoie. CALL OF A PUBLIC HEARING ON REVENUE SHARING BUDGET: It was moved by Councilman Farley, seconded by Councilman Reid that a Public Hearing be called for February 7, 1977 for the purpose.of adjusting the Revenue Sharing Budget. Motion passed 4 to 0. SANITARY LANDFILL - BERNARD JOHNSON, INC.: Councilman Griffin advised that we now have in hand a Permit for the operation of a Sanitary Landfill site and there are some requirements within the Permit itself that need clarification. He stated that he had asked Bernard Johnson, Inc. to give us an estimated cost of completing the project. It was moved by Councilman Griffin, seconded by Councilman Reid that the City of Pearland commission Bernard Johnson, Inc. to complete the engineering and site development for the City of Pearland's Landfill under Texas Department of Health Resources Permit No. 126, at a fee not to exceed $3,500.00 and the Mayor be authorized to sign the agreement. Motion passed 4 to 0. NEW BUSINESS: BRAZORIA COUNTY ROAD ALLOCATION FOR 1977: It was moved by Councilman Farley, seconded by Councilman Gray that our part of the Commissioner's budget be allocated to surfacing of Dixie Farm Road south of Highway 518 to the city limits of Pearland. Motion passed 4 to 0. Mayor McComb advised that he had discussed the extension of Dixie Farm Road going across the creek and through to Choate Road with Commissioner Plaster. He stated that he advised the Commissioner that at some point in time we planned to go to the State and try to get them to make it a Farm to Market Road and because of this we need 120 feet of right of way from Highway 35 to the Freeway. Commissioner Plaster advised the Mayor that he would check with the County Engineer to see if the section in the County complies with this 120 ft. of right of way, if not, he will start making plans to the total amount of right of way needed. Mayor McComb advised that he also discussed maintenance on some of the county roads located in the southern section of the City. These are sections of county roads brought into the City by annexations. The roads run at an angle and transit through the City for short distances and then back out into the County. Commissioner Plaster advised that if we would request him to do so he would grade the part of the roads in the City when the maintainers were grading such roads. It was moved by Councilman Griffin, seconded by Councilman Farley that the Mayor be directed and authorized to write a letter to the County Commission requesting that he continue his maintenance over and across those areas of the County roads that transit through the City for short distances in particular areas of the .southern part of the City. Motion passed 4 to 0. MEETING RECESSED AT 8:50 P.M. - RECONVENED AT 9:10 P.M. ORDINANCE NO. 246-27, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE - APPLICATION NO. 34, W. B. BRADLEY: Ordinance No. 246-27 read in full by Councilman Griffin. (First Reading) It was moved by Councilman Griffin, seconded by Councilman Reid that Ordinance No. 246-27 be passed and approved on first reading. Said Ordinance No. 246-27 reads in caption as follows: ORDINANCE NO. 246-27 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 Gray, Councilman Reid, Councilman Griffin, and Councilman Farley. Voting "No" - None Motion passed 4 to 0. HOUSTON LIGHTING & POWER COMPANY: This item on the agenda passed until later in the meeting. RESOLUTION NO. R77-2, A RESOLUTION FOR NOT MERGING THE COMMISSION ON LAW ENFORCEMENT OFFICERS STANDARDS AND EDUCATION WITH PRIVATE INVESTIGATIONS AND PRIVATE SECURITY AGENCIES: This item to be placed back on the agenda after copies of any pending legislation have been received. DOCKETED PUBLIC HEARINGS: (CONTINUED) Mayor McComb called the Public Hearings back to order and advised that if there is no further testimony to be presented, the Mayor would like to present for Council's consideration the following ordinances: Ordinance No. 344, Ordinance closing Public Hearing on Glastonbury Drive. Ordinance No. 345, Ordinance accepting street improvements on Glastonbury Drive. Ordinance No. 346, Ordinance closing Public Hearing on Bobby Street. Ordinance No. 347, Ordinance accepting street improvements on Bobby Street. Ordinance No. 348, Ordinance closing Public Hearing on Lynn Drive. Ordinance No. 349, Ordinance accepting street improvements on Lynn Drive. Before any action is taken on these ordinances by the Council, the Mayor advised again that the purpose of this Hearing is to abide by State Law 1105b, which spells out the steps a city must take in assessing land owners for paving improvements. The issues at hand are whether or not the City has abided by that law and whether or not the owners feel that their property has been enhanced in value by an amount equal to or greater than the assessment which is $2.00 per front foot with the exception of the first block in Lynn Drive which is assessed at $1.25 per front foot. ORDINANCE NO. 344, ORDINANCE CLOSING PUBLIC HEARING ON GLASTONBURY DRIVE: Ordinance No. 344 was read in full on its first reading. It was moved by Councilman Gray, seconded by Councilman Griffin that Ordinance No. 344 be passed and approved on first reading. Said Ordinance No. 344 reads in caption as follows: ORDINANCE NO. 344 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, CLOSING THE HEARING ON SPECIAL ASSESSMENT AGAINST THE OWNERS OF CER- TAIN REAL PROPERTY ABUTTING CERTAIN PORTIONS OF GLASTON- BURY DRIVE WITHIN THE CITY OF PEARLAND, TEXAS; FINDING AND DETERMINING THE SPECIAL BENEFITS TO EACH PARCEL OF ABUTTING PROPERTY AND THE ENHANCEMENT OF VALUE OF EACH PARCEL OF ABUTTING PROPERTY BY REASON OF THE CONSTRUCTION OF IMPROVEMENTS TO SAID PORTIONS OF SAID PUBLIC STREET; DECLARING THE AMOUNT OF ASSESSMENT AGAINST THE SAID ABUT- TING PROPERTIES, AND DECLARING AN EFFECTIVE DATE. Voting "Aye" - Councilman Griffin, Councilman Reid, Councilman Farley, and Councilman Gray. Voting "No" - None Motion passed 4 to 0. ORDINANCE NO. 345, ORDINANCE ACCEPTING STREET IMPROVEMENTS ON GLASTONBURY DRIVE: Ordinance No. 345 was read in full on its first reading. It was moved by Councilman Griffin, seconded by Councilman Gray that Ordinance No. 345 be passed and approved on first reading. Said Ordinance No. 345 reads in caption as follows: ORDINANCE NO. 345 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ACCEPTING STREET IMPROVEMENTS ON GLASTONBURY DRIVE. Voting "Aye" - Councilman Griffin, Councilman Farley, Councilman Gray, and Councilman Reid. Voting "No" - None. Motion passed 4 to 0. ORDINANCE NO. 346. ORDINANCE CLOSING PUBLIC HEARING ON BOBBY STREET: Ordinance'No. 346 was read in full on its first reading. It was moved by Councilman Griffin, seconded by Councilman Reid that Ordinance No. 346 be passed and approved on first reading. Said Ordinance No. 346 reads in caption as follows: ORDINANCE NO. 346 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, CLOSING THE HEARING ON SPECIAL ASSESSMENT AGAINST THE OWNERS OF CERTAIN REAL PROPERTY ABUTTING CERTAIN PORTIONS OF BOBBY STREET WITH- IN THE CITY OF PEARLAND, TEXAS; FINDING AND DETERMINING THE SPECIAL BENEFITS TO EACH PARCEL OF ABUTTING PROPERTY AND THE ENHANCEMENT OF VALUE OF EACH PARCEL OF ABUTTING PROPERTY BY REASON OF THE CONSTRUCTION OF IMPROVEMENTS TO SAID PORTIONS OF SAID PUBLIC STREET; DECLARING THE AMOUNT OF ASSESSMENT AGAINST THE SAID ABUTTING PROPERTIES, AND DECLARING AN EFFECTIVE DATE. Voting "Aye" - Councilman Griffin, Councilman Farley, Councilman Reid, and Councilman Gray. Voting "No" - None. Motion passed 4 to 0. ORDINANCE NO. 347, ORDINANCE ACCEPTING STREET IMPROVEMENTS ON BOBBY STREET: Ordinance No. 347 was read in full on its first reading. It was moved by Councilman Griffin, seconded by Councilman Farley that Ordinance No. 347 be passed and approved on first reading. Said Ordinance No. 347 reads in caption as follows: ORDINANCE NO. 347 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ACCEPTING STREET IMPROVEMENTS ON BOBBY STREET. Voting "Aye" - Councilman Griffin, Councilman Farley, Councilman Reid, and Councilman Gray. Voting "No" - None. Motion passed 4 to 0. . ORDINANCE NO. 348, ORDINANCE CLOSING PUBLIC HEARING ON LYNN DRIVE: Ordinance No. 348 was read in full on its first reading. It was moved by Councilman Farley, seconded by Councilman Gray that Ordinance No. 348 be passed and approved on first reading. Said Ordinance No. 348 reads in caption as follows: ORDINANCE NO. 348 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, CLOSING THE HEARING ON SPECIAL ASSESSMENT AGAINST THE OWNERS OF CERTAIN REAL PROPERTY ABUTTING CERTAIN PORTIONS OF LYNN DRIVE WITHIN THE CITY OF PEARLAND, TEXAS; FINDING AND DETERMINING THE SPECIAL BENEFITS TO EACH PARCEL OF ABUTTING PROPERTY AND THE ENHANCEMENT OF VALUE OF EACH PARCEL OF ABUTTING PROPERTY BY REASON OF THE CONSTRUCTION OF IMPROVEMENTS TO SAID PORTIONS OF SAID PUBLIC STREET; DECLARING THE AMOUNT OF ASSESSMENT AGAINST THE SAID ABUTTING PROPERTIES, AND DECLARING AN EFFECTIVE DATE. X90 Voting "Aye" - Councilman Farley, Councilman Reid, Councilman Gray. Voting "No" - None Motion passed 3 to 0. Councilman Griffin absent from Council Room. ORDINANCE NO. 349, ORDINANCE ACCEPTING STREET IMPROVEMENTS ON LYNN DRIVE: Ordinance No. 349 was read in full on its first reading. It was moved by Councilman Gray, seconded by Councilman Reid that Ordinance No. 349 be passed and approved on first reading. Said Ordinance No. 349 reads in caption as follows: ORDINANCE NO. 349 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ACCEPTING STREET IMPROVEMENTS ON LYNN DRIVE. Voting "Aye" - Councilman Farley, Councilman Reid, and Councilman Gray. Voting "No" - None. Motion passed 3 to 0. Councilman Griffin absent from Council Room. NEW BUSINESS: (CONTINUED) HOUSTON LIGHTING & POWER COMPANY - REPORT OF FUEL COST ADJUSTMENTS AND COST OF SERVICE ADJUSTMENT FACTORS: The letter from Houston Lighting & Power Company dated January 10, 1977 was brought before the City Council for consideration. It was moved by Councilman Gray, seconded by Councilman Reid that the Houston Lighting & Power Company's requested rate adjustment for both fuel cost adjustment and cost of service adjustment not be approved for the February billing. The fuel cost adjustment being $1.43, the cost of service adjustment to be 13� as outlined in the letter received on January 17, 1977. Also, that the Assistant City Manager be authorized to notify the Houston Lighting & Power's District Manager immediately of this disapproval. Councilman Gray voted "aye". Councilman Griffin, Councilman Farley, and Councilman Reid voted "no". Motion failed 3 to 1. OTHER BUSINESS: Meeting recessed at 10:20 P.M. EXECUTIVE SESSION ON PERSONNEL, SECTION 2, PARAGRAPH (g). Meeting reconvened 11:00 P.M. - NO ACTION AS A RESULT OF EXECUTIVE SESSION. ADJOURN: Meeting adjourned at 11:01 P.M. Minutes approved as submitted and/or corrected this the day of A. D., 1977. 1 � ATTES City Secretary Mayor