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1972-10-24 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE PEARLAND CITY COUNCIL HELD ON OCTOBER 24, 1972, AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARLAND, TEXAS. The meeting was called to order by Mayor McComb with the following present: Mayor Councilman Councilman Councilman Councilman Councilman City Manager City Attorney City Secretary INVOCATION & PLEDGE OF ALLEGIANCE: Carlton McComb E. A. Wasek Gene E. Sanders James O. DeShazer B. J. Frank Cecil W. Griffin (Entered 7:35 P. M.) William E. Wolff Bobby J. Williams Dorothy L. Cook 127 The invocation was given by Dr. Forrest Hawkins. The Pledge of Allegiance was led by Mr. Joe Fowler, President of the Pearland Lions Club. APPROVAL OF MINUTES: It was moved by Councilman DeShazer, seconded by Councilman Wasek that the minutes of the regular meeting held on October 9, 1972 be approved as submitted. Motion passed 3 to 1. Councilman Frank abstained. APPROVAL OF EXPENSES: It was moved by Councilman Wasek, seconded by Councilman Frank that the following checks be approved for payment: General Fund Payroll Water & Sewer Payroll General Fund Expenditures Water & Sewer Expenditures Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Nos. 6714 through 6766 6767 through 6776 4846 through 4892 5818 through 5839 PROCLAMATION: 1. Mayor McComb issued a Proclamation making the 7 days, from October 30, 1972 through November 5, 1972, Lions Club Week in Pearland. Mr, Joe Fowler was present at the meeting to receive this Proclamation. It was moved by Councilman Sanders, seconded by Councilman Frank that the Council go on record,as heartily endorsing the Proclamation issued by the Mayor. Motion passed 5 to 0. DEPOT MOVING: 2. Mayor McComb read a letter dated October 13, 1972, from H. L. Lewis, Superintendent of the A. T. & S. F. Railway Company Tatate2f-that a Bill of Sale would not be issued by the Railway Company since the, Agreement stated that the building was donated by the Railway Company. Also, the letter stated that removal of the building could proceed at the earliest convenience. -of the City. 128 Mayor McComb requested that the City Attorney prepare Lease Agreement to be executed by the City and the Pearland Garden Club for consideration by the City Council at the next regular meeting. PEARLAND COMMUNITY LIBRARY: 3. Mayor McComb advised that the Contract for Lease of the Library Building was for a three year period with a five year option. In this Lease there is an option to purchase during the first three year period. The three year period will be up next May. Mayor McComb stated that he has asked the Library Board to consider this item at its next regular meeting and make a formal report to the Council by the next regular Council meeting. RULES OF PROCEDURE FOR CITY COUNCIL: 4. Mayor McComb referred Resolution No. 72-4 to the Ordinance Committee to be updated and the recommendations of this Committee to be submitted to the Council at a later date. COUNCIL ACTIVITY REPORTS: RATE COMMITTEE: Councilman Wasek reported that the Agreement with Southwestern Bell Telephone should be ready by the next regular meeting. EXCUSED ABSENCE: It was moved by Councilman DeShazer, seconded by Councilman Wasek that the records indicate that the absence of Councilman Frank and Councilman Griffin from the Council meeting of October 9, 1972, be shown as "excused absence". Motion passed 3 to 0. Councilman Frank and Councilman Griffin abstained. DEPARTMENTAL REPORTS: None CITIZENS: Mr. Felton Baker of Houston Helicopters, Inc. had signed for his Attorney, Mr. Cullen Landis to appear before the City Council regarding reduction of personal property assessment for Tax Years 1970 and 1971. Mr. Landis appeared before the City Council and stated that in his opinion, an error in assessment had been made on the Personal Property Taxes of Houston Helicopters, Inc. for the Tax Years 1970 and 1971. He also stated that he felt Section 8.26 of the Charter of the City of Pearland gave the Council the power to correct this error in assessment. Mayor McComb pointed out that he felt that this was a matter of interpretation and could best be resolved by a legal opinion from the City tax attorney. Councilman DeShazer made a motion to recess the meeting for 10 minutes. The motion was seconded by Councilman Sanders. Motion passed 5 to 0. Meeting recessed at 8:1OP= Reconvened at 8:20 P. M. Mayor McComb referred this matter to the Finance Committee and requested that the Committee 129 meet with Mr. Perry Archer, City TAx Attorney, and Mr. Landis. After the meeting the Committee is to furnish a written report on the recommendations of the Committee, to the City Council. UNFINISHED BUSINESS: FINAL PLAT - VIE VILLA SUBDIVISION: The final plat of Vie Villa Subdivision was submitted to the Council for consideration. A discussion was held regarding the wording on the plat referring to a 20 foot road widening dedication shown on the plat. This 20 feet abuts= Yost Road and is from southeast corner of the subdivision and goes to the northeast corner of the subdivision. It was the understanding of the Council that the "20' for future road widening" meant that as soon as the plat was filed as a matter of record, this 20 feet was dedicated to the City for the;.purpose as stated. This was confirmed by the City Attorney Bobby Williams. Mr. Schexnayder, Developer, also concurred with this interpretation. It was moved by Councilman Griffin, seconded by Councilman Sanders that the final plat of Vie Villa Subdivision be approved. Motion passed 5 to 0. JOHNS -MANVILLE MOVING BED FILTER PILOT PLANT STUDY - SEWER PLANT 2: ,'Mayor McComb submitted, for consideration by the City Council, A letter proposal dated October 18, 1972 from Kipways Associates, Inc. regarding the Johns-ManvilleMoving Bed Filter Pilot Plant Study This proposal sta ted that Johns -Manville would run the pilot study program for a sufficient duration of time to establish specific designed information for the price of $2,500.00 payable to Johns -Manville upon completion of such tests and the submittal of subject test data and accompanying systems warranty proposal. It was moved by Councilman Griffin, seconded by Councilman Wasek that the City authorize Johns-Manvillectotperform.a pilot plant study of the Johns -Manville Moving Bed Filter Pilot Plant Study at Sewer Plant No. 2 for a fee of $2,500.00 pursuant to the terms of their letter of October 18, 1972, and that the Mayor be authorized to proceed with any and all documents necessary to complete the contractual requirements of the City. Motion passed 5 to 0. CONSIDERATION OF PEARLAND-FRIENDSWOOD AGREEMENT: The Pearland-Friendswood Agreement was presented to the Council for consideration. City Manager Wolff explained to the Council the manner in which the percentageswere derived in this contract. Also, that the Contract had been approved by the City of Friendswood and recommended that the Pearland City Council approve this document. It was moved by Councilman Griffin, seconded by Councilman DeShazer that the Mayor be authorized to execute the Agreement with the City of Friendswood. Motion passed 5 to 0. NEW BUSINESS• REPORT FROM PLANNING AND ZONING COMMISSION OF THE PROPOSED LAND USE AND URBAN DEVELOPMENT nVnTMA VrV . �)0 Mayor McComb read a letter dated October 19, 1972 from D. M. Frauenberger, Chairman ppro o ed of the Planning and Zoning Commission stating that the Lan se and Urban Development Ordinance was ready for consideration by the people of Pearland and that a Public Hearing would be held by the Commission on November 28, 1972 at 7:30 P. M. Copy of the Proposed Land Use and Urban Development Ordinance was attached to the letter. It was moved by Councilman DeShazer, seconded by Councilman Griffin that the preliminary report made by the Planning and Zoning Commission on the Proposed Land Use and Urban Development Ordinance be accepted into the records. Motion passed 5 to 0. CHANGE IN MEETING DATE: Mayor McComb requested that the Council change the next meeting date from November 13th to November 6th due to the Texas Municipal League Convention in Dallas. It was moved by Councilman DeShazer, seconded by Councilman Frank that the next regular meeting be held on November 6, 1972 instead of November 13, 1972. Motion passed 5 to 0. Councilman Sanders requested that the next agenda include an item for changes in meeting dates for the balance of the year due to the holidays. ADJOURN: The business being concluded, the Mayor adjourned the meeting at 9:00 P. M. Minutes approved as read and/or corrected this the day of A. D. 1972. Attest: Mayor