Loading...
1975-04-14 CITY COUNCIL REGULAR MEETING MINUTES0 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF-PEARLAND, TEXAS, HELD ON APRIL 14, 1975, 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 Councilman Councilman Councilman Councilman Councilman City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: Carlton McComb Harry Farley Gene E. Sanders Tom Reid B. J. Frank Cecil W. Griffin (Entered 7:35 P. M.) William E. Wolff Bobby J. Williams Dorothy L. Cook The invocation was given by the Rev. Art Jones. The Pledge of Allegiance was led by Councilman Farley. APPROVAL OF MINUTES: It was moved by Councilman Farley, seconded by Councilman Sanders that the minutes of the regular meeting held on March 24, 1975, be approved as submitted. Motion passed 4 to 0. (Councilman Griffin not present at this time). It was moved by Councilman Reid, seconded by Councilman Sanders that the minutes of the special meeting held on March 27, 1975 be approved as corrected. Motion passed 3 to 0. Councilman Frank abstained. (Councilman Griffin not present at this time). It was moved by Councilman Frank, seconded by Councilman Reid that the minutes of a special meeting held on April 7, 1975, be approved as submitted. Motion passed 3 to 0. Councilman Farley abstained. (Councilman Griffin not present at this time). It was moved by Councilman Frank, seconded by Councilman Sanders that the minutes of the Public Hearing held on April 7, 1975, be approved as submitted. Motion passed 3 to 0. Councilman Farley abstained. (Councilman Griffin not present at this time). MAYOR'S ACTIVITY REPORT: Proclamation - Mayor McComb issued a Proclamation for the one month between April 22, 1975 and "May. 22, 1975 as "Friends of The Library Month in Pearland." Received by Mrs. Doris Mucek, President, Mrs. Billie Garrison, Membership Chairman and Mrs. Diane Kropp. TWQB - Letter 4/14/75 - Mayor McComb read a letter addressed to the Texas Water Quality Board in Deer Park, Texas, regarding a hydraulic overload on our Sewer Plant No. 3 resulting from an early morning rain. Two additional pumps were put into service to 230 help transfer the influent from the wet well into the treatment unit. Mr. Wolff's letter advised the TWQB that as of 2:00 P. M. all influent was being transferred into the sewage treatment plant. / copy of the Letter from Earl D. Griffin - Mayor McComb advised that a letter he had received from Mr. Griffin had been forwarded to the District Attorney and the U. S. Attorney. Clear Creek Basin Authority: Mayor McComb advised that on April 22, 1975, a meeting will be held in Seabrook, Texas, with the nine Mayors on Clear Creek, The Harris County Flood Control Task Force, and the President of the Clear Creek Basin Authority to go over the problems concerning Clear Creek. COUNCIL ACTIVITY REPORTS: Councilman Reid reported that he had received several calls regarding the material distributed on Washington -Irving Drive and Woodcreek Drive in Sleepy Hollow Subdivision, and these complaints have been discussed with Mr. Wolff. Mr. Wolff is working with the supplier to eleviate this problem. UNFINISHED BUSINESS: ENTEX, INC.: Mayor McComb advised that a new Public Hearing will have to be called before the City Council can reconsider a requested rate increase. The Council rejected this requested rate increase after a Public Hearing,and Councilman Griffin and City Manager Wolff were asked to work with Entex in an effort to resolve this matter. It was moved by Councilman Griffin, seconded by Councilman Reid that a Public Hearing be called to consider a rate increase request by Entex, Inc. on April 28, 1975, at the regular meeting of the City Council, under the Agenda item - Docketed Public Hearings. Motion passed 5 to 0. GENERAL LIABILITY INSURANCE BIDS: The Committee reported to the City Council that all bids were in error and requested the City Council to call for new bids for this insurance coverage. It was moved by Councilman Sanders, seconded by Councilman Griffin that the General Liability Insurance Bids opened on March 24, 1975 be rejected since all bids submitted failed to meet specifications and that the City readvertise for bids to be opened at the regular meeting of April 28, 1975. Motion passed 5 to 0. ORDINANCE NO. 233-1 - PLUMBING CODE: Mayor McComb read minutes dated April 7, 1975 from the Plumbing Appeals and Advisory Board wherein they accepted the proposed Ordinance No. 233-1 in its entirety. 231 It was moved by Councilman Sanders, seconded by Councilman Farley that the minutes of the special meeting of the Pearland City Plumbing Appeals and Advisory Board held on the 7th day of April, 1975 be received into the records of this meeting. Motion passed 5 to 0. Ordinance No. 233-1 read in full by Councilman Griffin. It was moved by Councilman Sanders, seconded by Councilman Reid that Ordinance No. 233-1 be passed and approved on second and final reading in compliance with the motion as passed by the Plumbing Appeals and Advisory Board. Voting "aye" - (dnbilma. Farley, Councilman Sanders, Councilman Griffin, Councilman Reid and Councilman Frank. Voting "no" - None Caption of Ordinance No. 233-1 reads as follows: ORDINANCE NO. 233-1 AN ORDINANCE AMENDING CHAPTER 23, SECTIONS 23-88, 23-91, 23-118 (C), 23-119, 23-129 OF THE CODE OF ORDINANCES, CITY OF PEARLAND, TEXAS, BY ADDING AND DELETING SPECIFIC PROVISIONS CONTAINED THEREIN, AND PROVIDING AN EFFECTIVE DATE. REQUEST BY BLACK BASE, INC. FOR OPENING OF 40' COUNTY DEDICATION IN ACH & B SURVEY ABSTRACT 147: This item to be removed from Agenda until a new request from Black Base, Inc. is forthcoming requesting this matter to be discussed. APPOINTMENT OF ONE MEMBER OF ZONING BOARD OF ADJUSTMENT: It was moved by Councilman Reid, seconded by Councilman Frank that H. V. Mingerelli be appointed to the Zoning Board of Adjustment for a term of two years. Motion passed 5 to Ell NEW BUSINESS: LIONS CLUB TRAP SHOOT ON MAY 3RD AND MAY 4TH, 1975: A request dated April 2, 1975 from the Pearland Lions Club to conduct a Trap Shoot on May 3rd and May 4th, 1975 was read by the Mayor. It was moved by Councilman Griffin, seconded by Councilman Farley that the Pearland Lions ,Club request to operate a Trap Shoot on May 3rd and May 4th, 1975 be granted subject to proper insurance certificate covering Bodily Injury and Property Damage Liability Insurance coverage being on file with the City. Shoot may be conducted at a later date. Also, in the event of inclement weather the Trap Motion passed 5 to 0. APPOINTMENT OF HEALTH OFFICER AND DEPUTY HEALTH OFFICER FOR CITY: 232 It was moved by Councilman Reid, seconded by Councilman Frank that David R. Armbruster, D.O. and Roger Cadwalder, DVM be appointed as Health Officer and Deputy Health Officer for the City of Pearland effective April 19, 1975. Motion passed 5 to 0. AUTHORIZATION FOR FISCAL AGENT TO SELL BONDS: Mr. Tom Masterson the City's fiscal agent appeared before the City Council to discuss the sale of the bonds recently passed in the two bond issues submitted to the electorate. Mr. Masterson advised that the sale of the bonds would be May 12, 1975 if agreeable with the City Council. He advised that he had scheduled the bond sale in such a manner as to make only interest due in the first three years. It was moved by Councilman Griffin, seconded by Councilman Sanders that Tom Masterson of Underwood, Neuhaus & Company, be authorized to proceed forthwith with the sale of $650,000.00 of City of Pearland general obligation bonds, with sale date to be May 12, 1975. Motion passed 5 to 0. Mr-Maasterson.,advi.sed that he had discussed with Mr. Wolff, and would submit to the City Council for its concurrance a contract for fees based on either one of two things: (a) The City pay the legal expenses directly and Underwood, Neuhaus & Company would bill the City for their services only - approximately $5,000.00, or (b) Underwood, Neuhaus & Company will bill the City for a $650,000.00 bond issue as though it were one bond issue, which would be approximately $7,000.00 and add on the incremental increase in legal costs as a result of two bond elections. Mayor McComb asked Councilman Griffin and City Manager Wolff to work with Mr. Masterson and find out the least expensive way and have this item on the agenda of the next regular meeting. REAPPOINTMENT OF DEPUTY FIRE MARSHAL: It was moved by Councilman Farley, seconded by Councilman Sanders that Earl Raney be reappointed as Deputy Fire Marshal for the City of Pearland. This appointment to be effective until June 15, 1976. Motion passed 5 to 0. MEETING RECESSED 8:40 P. M. - RECONVENED AT 8:45 P. M.: ENGINEER'S MONTHLY ESTIMATE OF WORK & MATERIALS NO. 1 - SEWER LINES AND APPURTENANCES TO SERVE BROOKLAND ACRES - MYKAWA ROAD AREA: Engineer's Monthly Estimate No. 1 - R. T. Bishop Construction Co., Inc. was submitted to the City Council for consideration. It was moved by Councilman Reid, seconded by Councilman Farley that Estimate No. 1 in the amount of $23,324.90 be approved. Motion passed 5 to 0. OIL, GAS AND MINERAL LEASE ON 20 ACRES - LOTS 60 AND 76, THE E. LITTLE SURVEY, ABSTRACT 320 IN BRAZORIA COUNTY, TEXAS: City Manager Wolff advised that we now have an opportunity to lease oil and gas rights on 20 acres for $500.00. In the event there is production on the site we would receive 1/6th of the royalty, or in the event it is drilled and is a dry hole, the City of Pearland retains the ownership of an unplugged casing from the surface down to the bottom of the water strata. Several questions were asked by the City Council regarding this lease. It was moved by Councilman Reid, seconded by Councilman Sanders that this matter be tabled until the next regular meeting. Motion passed 5 to 0. Mayor McComb asked the Council to make a list of questions each had regarding this lease and submit the questions to the City Attorney and City Manager so that answers can be obtained before the next regular council meeting. ORDINANCE NO. 246-9, AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE - APPLICATION NO. 14: Ordinance no. 246-9 read in full by Councilman Griffin. It was moved by Councilman Griffin, seconded by Councilman Sanders that Ordinance No. 246-9 be passed and approved as amended on first of two readings. Said Ordinance No. 246-9 reads in caption as follows: ORDINANCE NO. 246-9 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 Frank, Councilman Reid, Councilman Sanders, Councilman Griffin and Councilman Farley. Voting "no" - None Motion passed 5 to 0. The amendment referred to in the motion is under Section I as follows: "The following described property located within the corporate city limits of the City of Pearland, Texas, record owner being Gary B. Hester, Trustee, presently classified as a P -D (Pre -Development) District is hereby for all purposes changed and re-classified as a Single Family Residential District - R-2:"..... AGREEMENT FOR LANDFILL OPERATIONS BETWEEN THE CITY OF PEARLAND AND BROWNING -FERRIS INDUSTRIES OF TEXAS: Mayor McComb advised that an extended agreement had been worked out with Browning-Ferris 234 Industries to give the City of Pearland and the City of Alvin a little relief in locating a joint landfill site. The contract extends to 1980 and although it is 25 miles to the site, we do have a site we can use. Councilman Griffin advised that the contract did put a ceiling on our costs for garbage disposal & gives us time to work to other alternatives which will decrease our cost of disposal of garbage. Mr. Wolff advised the Council that National Disposal Services had been assumed by Browning-Ferris Industries. It was moved by Councilman Farley, seconded by Councilman Griffin that the Mayor be authorized to sign an agreement for landfill operations with Browning-Ferris Industries, Inc. of Texas, as submitted. Motion passed 5 to 0. HOUSTON PIPE LINE COMPANY DOMESTIC CITY GATE RATE ADJUSTMENT - RAILROAD COMMISSION DOCKET CASE # 592: Mayor McComb discussed a letter from the City of Houston regarding the Houston Pipe Line Case GUD #592 outlining that City's opposition to an increase in gate rates requested by this firm. This letter asked support of other cities in an effort to buil-. a strong case in opposition to the increases. It was moved by Councilman Sanders, seconded by Councilman Griffin that the City of Pearland support the City of Houston in its opposition of the granting of a gate rate increase and that the Mayor be authorized to write letters, make trips or whatever else is necessary in his discretion to supplement the efforts of the City of Houston. Motion passed 5 to 0. ELECTION OF MAYOR PRO TEM: It was moved by Councilman Reid, seconded by Councilman Frank that Councilman Griffin be elected as Mayor Pro Tem. Motion passed 4 to 0. Councilman.Griffin abstained. OTHER BUSINESS: None EXECUTIVE SESSION ON PERSONNEL: 9:35 P. M. Meeting reconvened from Executive Session at 10:21 P. M. with no action as a result of executive session at this time. ADJOURN: Meeting adjourned at 10:23 P. M. Minutes approved as submitted and/or corrected this the ;-� day of LZ 1::(l , A. D. 1975. 66 �,� �X C C.- 4d, Mayor ATTES : City Secreta?