Loading...
1977-08-08 CITY COUNCIL REGULAR MEETING MINUTESa MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON AUGUST 8, 1977, AT 7:35 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 Dennis Frauenberger Councilman Harry Farley Councilman Terry Gray Councilman Tom Reid Councilman __Morris Wilson City Manager William E. Wolff City Attorney Bobby J. Williams City Secretary Dorothy L. Cook INVOCATION AND PLEDGE OF ALLEGIANCE: The Invocation was given by Councilman Farley. The Pledge of Allegiance was led by Miss Kelley Benson. APPROVAL OF MINUTES: It was moved by Councilman Reid, seconded by Councilman Farley that the minutes of the regular meeting held on July 25, 1977 be approved as corrected. Motion passed 5 to 0. It was moved by Councilman Farley, seconded by Councilman Frauenberger that the r., minutes of the Public Hearing held on August 3, 1977 be approved as submitted. Motion passed 5 to 0. COUNCIL ACTIVITY REPORT: Councilman Farley reported on a meeting with the Brazoria County Drainage District earlier in the day. He advised that the Drainage District has agreed to construct a bridge across Clear Creek for the extension of Dixie Farm Road. The City is to rent a pile driver for this project and furnish some labor. This project will be scheduled for January 1, 1978. Councilman Reid reported on information received from the Houston -Galveston Area Council on the recent legislation regarding the weight of cement trucks. This bill specifies load limits for tandem axle loads not exceeding 44,000 pounds; single axle loads not exceeding 20,000 pounds; gross load not exceeding 64,000 pounds. The governing body of the county, city or town is authorized to prescribe by order or ordinance any reasonable rules and regulations governing the operation of vehicles over public highways under their jurisdiction. Councilman Reid also reported that he was in the process of reviewing the Depot pl-- matter and would have a report for the City Council at the next regular meeting on August 22, 1977. MAYOR'S ACTIVITY REPORT: Mayor McComb presented a letter of congratulations to Miss Kelley Benson on her recent accomplishment of winning the title of "World's Ideal Miss". The Mayor announced that Representative Bob Gammage's mobile unit would be at the Post Office on August 9, 1977. Citizens are invited to go by and discuss any problems they might have on the national level of government. DEPARTMENTAL REPORTS: City Manager Wolff advised the City Council that there'is a new device on the market for the disposal of combustible waste and tree trunks. It is called a "Dry All Distructor". This device can be licensed under the Texas Air Control Board. There is no fly ash, smoke, or odor that will result in this operation. Mr. Wolff asked for concurrence on submitting an application to the Air Control Board on this product. The City Council was in agreement on submission of such an application. CITIZENS: None DOCKETED PUBLIC HEARINGS: Land Use Change request by Tom Alexander, Application No. 42 - OP & GB to Commerical - Lots 1 through 24; Block 4;lots 1 through 21, Block 3 and 1.94 acres of railroad frontage and track siding, Block 3; lots 1 through 10 and 50' strip railroad frontage, Block 14, Pearland, Townsites, Pearland, Brazoria County, Texas. PERSONS WISHING TO SPEAK FOR THE REQUESTED LAND USE CHANGE: Tom Alexander, owner PERSONS WISHING TO SPEAK AGAINST THE REQUESTED LAND USE CHANGE: Mr. J. B. Fralick of 2241 N. Washington Ave., Paul Murphy of 2246 N. Washington Ave., M. F. and Donna Cronover of 2201 N. Washington Ave., C. D. George of 2205 N. Washington Ave., and Nell Fuller of 2213 N. Washington Ave. QUESTION AND ANSWER PERIOD: None ADJOURNED PUBLIC HEARING: 8:05 P.M. UNFINISHED BUSINESS: (Complete tape on file in office of City Secretary) ANNALEA WHITEHALL SECTION C - PRELIMINARY PLAT: Section 1.04 of the Home Rule Charter was discussed. This section requires that any territory detached would be liable for its pro rata share of any debts incurred while it was a part of the City. It was moved by Councilman Farley, seconded by Councilman Gray that the City discontinue discussion of any possible disannexation and further, that we consider the subdivision as presented to us on its merits, and that the pre- liminary plat of Annalea Whitehall Section C as presented to us be rejected. Motion passed 5 to 0. ORDINANCE NO. 358, ANNEXATION OF 33.646 ACRES IN HARRIS COUNTY: Ordinance No. 358 was read in full by Councilman Gray. (Second Reading) It was moved by Councilman Gray, seconded by Councilman Wilson that Ordinance No. 358 be passed and approved on second and final reading. Said Ordinance No. 358 reads in caption as follows: ORDINANCE NO. 358 AN ORDINANCE ANNEXING CERTAIN PROPERTY AND TERRITORY TO THE CITY OF PEARLAND, TEXAS, AND EXTENDING THE CORPORATE LIMITS OF THE CITY OF PEARLAND TO INCLUDE AND EMBRACE SAID TERRITORY WHICH IS ADJACENT TO AND CONTIGUOUS WITH THE PRESENT CORPORATE LIMITS OF THE CITY OF PEARLAND AND IS NOT WITHIN THE CITY LIMITS OF ANY OTHER CITY AND LIES SOLELY WITHIN THE EXTRA -TERRITORIAL JURISDICTION OF THE CITY OF PEARLAND, SAID TERRITORY BEING HEREINAFTER FULLY r" DESCRIBED BY METES AND BOUNDS IN SECTION 1 OF THIS ORDINANCE; PRESCRIBING THE VOTING PRECINCTS FOR THE INHABITANTS WITHIN SAID ANNEXED TERRITORY; PLACING SUCH INHABITANTS ON EQUAL FOOTING WITH PRESENT INHABITANTS OF THE CITY OF PEARLAND; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUB- LICATIONS, AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilman Frauenberger, Councilman Gray, Councilman Farley, Councilman Reid, and Councilman Wilson. Voting "No" —None Motion passed 5 to 0. RESOLUTION NO. R77-25, A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS WITH H -GAC FOR CETA PROGRAM: Resolution No. R77-25 was read in full by Councilman Reid. It was moved by Councilman Reid, seconded by Councilman Wilson that Resolution No. R77-25 be passed and approved on first and only reading. Said Resolution No. R77-25 reads in caption as follows: RESOLUTION NO. R77-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS BY AND BETWEEN THE CITY OF PEARLAND AND HOUSTON-GALVESTON AREA COUNCIL FOR PARTICIPATION IN THE CETA PROGRAM. Voting "Aye" - Councilman Wilson, Councilman Reid, Councilman Farley, Councilman Gray, and Councilman Frauenberger. Voting "No" - None Motion passed 5 to 0. HERITAGE GREEN SUBDIVISION - PAVING OF BARRY ROSE ROAD: City Manager Wolff advised the City Council that Mr. Goff, Developer of Heritage Green Subdivision had advised that he would pay for the paving of Barry Rose Road adjacent to his subdivision and the installation of an 8" water line from F.M. 518 to Heritage Green Subdivision. Mr. Goff would not agree to pay for and additional road paving other than that adjacent to his subdivision. The City Council in a previous meeting had accepted Mr. Goff's offer of the 8" water line; however, the paving of Barry Rose Road was left pending. It was moved by Councilman Wilson, seconded by Councilman Reid that the City accept Mr. Goff's offer for paving on Barry Rose Road. Motion passed 4 to 1. Councilman Gray opposed. A discussion was held regarding the possibility of obtaining right of way through one lot on Heritage Green Subdivision in order to permit egress and ingress at two points in this subdivision. BRIDGE OVER CLEAR CREEK FOR EXTENSION OF DIXIE FARM ROAD: It was moved by Councilman Farley, seconded by Councilman Reid that a letter of thanks be sent to the Drainage District for their cooperation in agreeing to build the bridge over Clear Creek for the extension of Dixie Farm Road. Motion passed 5 to 0. MEETING RECESSED AT 8:40 P.M. - RECONVENED AT 8:55 P.M. [EM 90 NEW BUSINESS: APPLICATION NO. 42, CHANGE IN LAND USE - TOM ALEXANDER: It was moved by Councilman Reid, seconded by Councilman Farley that an ordinance be prepared by the City Attorney in response to Application No. 42 and that it be placed on the next regular agenda for consideration by the City Council. Motion passed 4 to 0. Councilman Wilson absent from the chambers at this time. ORDINANCE NO. 362, AN ORDINANCE ESTABLISHING CONDITIONS UNDER WHICH SOUTHWESTERN BELL TELEPHONE COMPANY WILL OPERATE IN THE CITY OF PEARLAND: Ordinance No. 362 was read in full by Councilman Gray and Councilman Farley. (First Reading) It was moved by Councilman Farley, seconded by Councilman Frauenberger that Ordinance No. 362 be passed and approved on first reading. Said Ordinance No. 362 reads in caption as follows: ORDINANCE NO. 362 AN ORDINANCE WHEREBY THE CITY OF PEARLAND, TEXAS, AND THE SOUTHWESTERN BELL TELEPHONE COMPANY AGREE THAT THE TELEPHONE COMPANY SHALL CONTINUE TO ERECT AND MAINTAIN ITS POLES, WIRES, ANCHORS, CABLES, MANHOLES, CONDUITS, AND OTHER PLANT CON- STRUCTION AND APPURTENANCES ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER ALL PUBLIC STREETS, AVENUES, ALLEYS, PUBLIC GROUNDS AND PLACES IN SAID CITY, UNDER REGULATIONS AND RESTRICTIONS AND THAT THE CITY SHALL RECEIVE AN ANNUAL PAY- MENT AND THE RIGHT TO USE CERTAIN FACILITIES OF THE TELEPHONE COMPANY, ALL AS HEREIN PROVIDED. Voting "Aye" - Councilman Frauenberger, Councilman Farley, Councilman Reid, and Councilman Wilson. Voting "No" - None Motion passed 4 to 0. Councilman Gray abstained. RECOMMENDATION OF TRAFFIC ENGINEERS, INC. FOR REMARKING HIGHWAY 35: Mr. Ronald Wicker the Director of Planning & Transportation Department of the City advised the City Council that Traffic Engineers, Inc. recommended that Highway 35 from just North of Orange Street to just South of Pear Street be remarked to provide a separate two way left turn lane. Traffic Engineers, Inc. indicated in the survey that when two way left turn lanes are provided the overall traffic flow is smoother and capacity is greatly increased since traffic movement in the through travel lanes is not disrupted. It was moved by Councilman Gray, seconded by Councilman Wilson that the City Manager prepare a letter to the State Department of Highways and Transportation for the restripping and the installation of the necessary signs to show a continuous left turn lane on Highway 35 from North of Orange to South of Pear. Motion passed 5 to 0. RESOLUTION NO. R77-26, A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AGREEMENT — BETWEEN THE CITY OF PEARLAND AND HGAC FOR PURCHASE OF FIRE DEPARTMENT EMERGENCY RADIO - TEXAS INTERLOCAL COOPERATION ACT: Resolution No. R77-26 was read in full by Councilman Wilson. It was moved by Councilman Wilson, seconded by Councilman Reid that Resolution No. R77-26 be passed and approved. Said Resolution No. R77-26 reads in caption as follows: RESOLUTION NO. R77-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY OF PEARLAND, AND HOUSTON-GALVESTON AREA COUNCIL FOR PURCHASE OF FIRE DEPARTMENT EMERGENCY TRUCK RADIO - TEXAS INTERLOCAL COOPERATION ACT. Voting "Aye" - Councilman Frauenberger, Councilman Gray, Councilman Farley, Councilman Reid, and Councilman Wilson. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 359, AN ORDINANCE ADOPTING A REVENUE SHARING BUDGET FOR ENTITLEMENT PERIOD BEGINNING OCTOBER 1, 1977 AND. ENDING SEPTEMBER 30, 1978: Ordinance No. 359 was read in full by Councilman Frauenberger. (First Reading) It was moved by Councilman Frauenberger, seconded by Councilman Gray that Ordinance No. 359 be passed and approved on first reading. Said Ordinance No. 359 reads in caption as follows: ORDINANCE NO. 359 AN APPROPRIATION ORDINANCE ADOPTING A REVENUE SHARING BUDGET FOR THE ENTITLEMENT PERIOD BEGINNING OCTOBER 1, 1977 AND ENDING SEPTEMBER 30, 1978. Voting "Aye" - Councilman Wilson, Councilman Reid, Councilman Farley, Councilman Gray, and Councilman Frauenberger. Voting "No" - None Motion passed 5 to 0. ORDINANCE NO. 360, AN ORDINANCE ADOPTING A BUDGET FOR THE CITY OF PEARLAND BEGINNING OCTOBER 1, 1977 AND ENDING SEPTEMBER 30, 1978: Ordinance No. 360 was read in full by Councilman Reid. (First Reading) It was moved by Councilman Reid, seconded by Councilman Wilson that Ordinance No. 360 be passed and approved on first reading. Said Ordinance No. 360 reads in caption as follows: ORDINANCE NO. 360 AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1977, AND ENDING SEPTEMBER 30, 1978. Voting "Aye" - Councilman Frauenberger, Councilman Gray, Councilman Farley, Councilman Reid, and Councilman Wilson. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 361, AN ORDINANCE OF THE CITY OF PEARLAND LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND: Ordinance No. 361 was read in full by Councilman Wilson. (First Reading) It was moved by Councilman Wilson, seconded by Councilman Gray that Ordinance No. 361 be passed and approved on first reading. Said Ordinance No. 361 reads in caption as follows: ORDINANCE NO. 361 AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR 1977 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE. Voting "Aye" - Councilman Wilson, Councilman Reid, Councilman Gray, Councilman Frauenberger, and Councilman Farley. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 363, AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE PAVING OF GALVESTON AVENUE FROM PEAR STREET TO WALNUT STREET: Ordinance No. 363 was read in full by Councilman Farley and Councilman Gray. (First Reading) It was moved by Councilman Gray, seconded by Councilman Farley that Ordinance No. 363 be passed and approved on first reading. Said Ordinance No. 363 reads in caption as follows: ORDINANCE NO. 363 AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE PAVING AND IMPROVEMENT OF GALVESTON AVENUE, PEARLAND, TEXAS; APPROVING THE PLANS AND SPECIFICATIONS FOR SUCH WORK; AUTHOR- IZING THE CITY MANAGER TO ADVERTISE FOR BIDS IF NECESSARY; DIRECTING THE PREPARATION OF ESTIMATES; INVOKING AND ADOPTING THE PROVISIONS OF ARTICLE 1105b, VERNON'S REVISED CIVIL STATUTES; PROVIDING THE MANNER IN WHICH AND BY WHOM THE COST OF SUCH IMPROVEMENTS SHALL BE PAID AND PROVIDING FOR THE ASSESSMENT OF A PORTION OF SUCH COSTS AGAINST ABUTTING PROPERTIES AND THE OWNERS THEREOF; PROVIDING FOR THE TERMS OF PAYMENT OF SUCH ASSESSMENTS; DIRECTING THE CITY SECRETARY TO CAUSE A CERTIFIED COPY OF THE ORDINANCE TO BE FILED IN THE DEED OF TRUST RECORDS OF BRAZORIA COUNTY, TEXAS, ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT; PROVIDING A SAVINGS CLAUSE AND AN EFFECTIVE DATE HEREOF. Voting "Aye" - Councilman Frauenberger, Councilman Gray, Councilman Farley, Councilman Reid, and Councilman Wilson. Voting "No" - None. Motion passed 5 to 0. OTHER BUSINESS: None ADJOURN: Meeting adjourned at 9:40 P.M. Minutes approved as submitted and/or corrected this g,2_ day of , 1977, A. D. C.� Mayor ATTEST: City Secretary