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1975-09-08 CITY COUNCIL REGULAR MEETING MINUTESA MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON SEPTEMBER 8, 1975, AT 7:50 P.M. IN THE CITY -HALL, 2335 NORTH 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 Cecil W. Griffin Gene E. Sanders (Entered 7:35 P.M.) Tom Reid Benny J. Frank William E. Wolff Bobby J. Williams Dorothy L. Cook The invocation was given by the Rev. Art Jones, Council Chaplain. The Pledge of Allegiance was led by Councilman Griffin. APPROVAL OF MINUTES: It was moved by Councilman Reid, seconded by Councilman Griffin that the minutes of the regular meeting held on August 25, 1975 be approved. Motion passed 4 to 0. Councilman Sanders not present at this time. MAYOR'S ACTIVITY REPORT: American Association of Small Cities - Mayor McComb reported on a meeting he attended in Austin on September 5, 1975 to discuss the formation of an Association of Small Cities. At the present time the large cities with populations of over 30,000 are represented by the National League of Cities and this organization lobbies fulltime at the national level to protect the cities' interest. But cities under 30,000 population are not allowed to belong to NLC so there is no reason to believe that small city input is important to the NLC policy making process. When new federal legislation affecting cities is written, and every time rules and regulations to implement various programs are adopted, the unique problems of smaller cities are ignored. At the meeting in Austin the organization was formed and during the TML Convention in October, another meeting will be held to go over the bylaws. Bicentennial Committee members were appointed by the Mayor as follows: General Chairman Mr. Terry Gray Festival Chairman Bobby Williams Heritage Chairman George Treibel Horizon Chairperson Mrs. Mary Daney Treasurer Gerald Harris 10 Oath of Office: Mrs. Charles Lobb was sworn in as a member of the Improvement and Beautification Board. Walnut Street Crossing: Mayor McComb reported that we have received tentative approval by the State Highway Department to tie-in to SH 35 when Walnut Street is extended over the railroad tracks. The City will now begin negotiating with the Santa Fe Railroad for the crossing. Proclamations: September 15th through September 19th, PTA Membership Drive Week. September 13, 1975 - Miss Kelley Benson Day. COUNCIL ACTIVITY REPORTS: None DEPARTMENTAL REPORTS: City Manager Wolff advised that 700 feet was not deep enough for the new well under construction and the contractor will have to go deeper in order to find enough sand to give us sufficient water production. City Attorney Bobby Williams reported that he was working on a Load Limit Ordinance and which would also establish a truck route within the City. This ordinance will be ready for the Council's consideration at the next regular meeting. CITIZENS: Mr. Reagan and Mr. Armbruster spoke to the City Council regarding the condition of Shadycrest Drive, Longherridge Drive, Sprite Lane and Lake Edge Drive. Mr. Reagan and Mr. Armbruster asked the City Council to improve these streets. A petition containing some 32 names was submitted to the Council requesting repairs be made to the streets in this area. The participation paving program was explained by Mayor McComb. City Manager Wolff will check into the problem and report back to the City Council on September 15, 1975. DOCKETED PUBLIC HEARINGS: 1. East Circle Drive - Reconvene Public Hearing recessed on September 3, 1975 at 8:50 P.M. The following ordinances presented for Council's consideration: ORDINANCE NO. 313 - AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, CLOSING THE HEARING ON SPECIAL ASSESSMENT AGAINST THE OWNERS OF CERTAIN REAL PROPERTY ABUTTING PORTIONS OF EAST CIRCLE DRIVE: Ordinance No. 313 read in full by Councilman Griffin. (First Reading) It was moved by Councilman Griffin, seconded by Councilman Sanders that Ordinance No. 313 be passed and approved on first reading in a regular council meeting. SAID Ordinance No. 313 reads in caption as follows: 11 ORDINANCE NO. 313 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 EAST CIRCLE DRIVE WITHIN THE CITY OF PEARLAND, TEXAS; FINDING AND DETERMINING THE SPECIAL BENEFITS TO EACH PARCEL OF ABUTTING PROPERTY AND THE ENHANCEMENTS OF VALUE OF EACH PARCEL OF ABUTTING PROPERTY BY REASON OF THE CONSTRUCTION OF IMPROVEMENTS TO SAID PORTIONS OF SAID PUBLIC STREETS; DECLARING THE AMOUNT OF ASSESSMENT AGAINST SAID ABUTTING PROPERTIES AND LEVYING SAME AGAINST SAID PROPERTIES, AND DECLARING AN EFFECTIVE DATE. Voting "aye" - Councilman Farley, Councilman Sanders, Councilman Griffin, Councilman Reid, and Councilman Frank. Voting "no" - None. Motion passed 5 to 0.. ORDINANCE NO. 314 - AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ACCEPTING STREET IMPROVEMENTS ON EAST CIRCLE DRIVE: Ordinance No. 314 read in full by Councilman Sanders. (First Reading) It was moved by Councilman Sanders, seconded by Councilman Farley that Ordinance No. 314 be passed and approved on first reading in_a regular council meeting. Said Ordinance No. 314 reads in caption as follows: ORDINANCE NO. 314 AN ORDINANCE OF THE CITY OF PEARLAND,. TEXAS, ACCEPTING STREET IMPROVEMENTS ON EAST CIRCLE DRIVE. Voting "aye" - Councilman Frank, Councilman Reid, Councilman Griffin, Councilman Sanders, and Councilman Farley. Voting "no" - None. Motion passed 5 to 0. CLOSE OF HEARING: 8:30 P.M. MEETING RECESSED AT 8:31 P.M. and RECONVENED AT 8:35 P.M. UNFINISHED BUSINESS: TRAFFIC CONTROL DEVICES - NO. 26 AND NO. 27, STOP SIGNS AT INTERSECTION OF GRAND BOULEVARD AND PLUM STREET: City Attorney Bobby Williams read the recommendations by the Acting Traffic Engineer'. for two stop signs as follows: No. 26 - located on the Northwest corner of Grand Boulevard at its intersection with Plum Street, facing North. No. 27 - located on the Southeast corner of Grand Boulevard at its intersection with Plum Street, facing South. It was moved by Councilman Farley, seconded by Councilman Reid that the Acting Traffic Engineer's recommendations as outlined on report no. 26 and no. 27 be accepted into the minutes of this meeting. Motion passed 4 to 0. Councilman Griffin not present at this time. It was moved by Councilman Farley, seconded by Councilman Reid that the Acting Traffic Engineer's reports no. 26 and no. 27, for the installation of one stop sign, located on the northwest corner of Grand Boulevard at its intersection with Plum Street facing North,and one stop sign,located on the Southeast corner of Grand Boulevard at its intersection with Plum Street,facing South, be affirmed and ratified and the same are hereby officially declared to be official traffic devices in and for the City of Pearland, Texas. Motion passed 5 to 0. ORDINANCE NO. 311 - FINAL READING OF ORDINANCE NO. 311, AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE CITY OF PEARLAND FOR FISCAL YEAR BEGINNING OCTOBER 1, 1975. Ordinance No. 311 read in full by Councilman Reid. (Second Reading). It was moved by Councilman Reid, seconded by Councilman Frank that Ordinance No. 311 be passed and approved on second and final reading. Said Ordinance No. 311 reads in caption as follows: ORDINANCE NO. 311 AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1975, AND ENDING SEPTEMBER 30, 1976. Voting "aye" - Councilman Farley, Councilman Sanders, Councilman Griffin, Councilman Reid, and Councilman Frank. Voting "no" - None Motion passed 5 to 0. ORDINANCE NO. 312 - AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND: Ordinance No. 312 read in full by Councilman Farley. (Second Reading) It was moved by Councilman Farley, seconded by Councilman Sanders that Ordinance No. 312 be passed and approved on second and final reading. Said Ordinance No. 312 reads in caption as follows: ORDINANCE NO. 312 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 1975 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE. Voting "aye" - Councilman Frank, Councilman Reid, Councilman Griffin, Councilman Sanders and Councilman Farley. Voting "no" - None. Motion passed 5 to 0. NEW BUSINESS: CITY COUNCIL'S APPLICATION FOR A CHANGE IN THE TEXT OF THE LAND USE AND URBAN DEVELOPMENT ORDINANCE: The application for the proposed changes in the text of the Land Use and Urban Development Ordinance was brought before the City Council for consideration. The application was read and discussed. It was moved by Councilman Sanders, seconded by Councilman Griffin that the Application be tabled for further study and action at the next regular or special meeting. Motion failed 3 to 2. Councilman Frank, Councilman Reid, and Councilman Farley opposed. Workshop meeting will be called to work out details on this application. ADJUSTMENT IN THE 1974 TAX ROLL: It was moved by Councilman Griffin, seconded by Councilman Sanders that the 1974 Tax Roll be adjusted as submitted by the Tax Assessor Collector as follows: Additions to Roll $4,536.00; Reduction to Roll $1,010.00 - Adjusted - Revised Net Assessed Value $3,526.00. Motion passed 5 to 0. RESOLUTION - COMMUNITY EDUCATION PROGRAM: Resolution No. 75-23 read in full by Councilman Frank. It was moved by Councilman Sanders, seconded by Councilman Farley that Resolution No. 75-23 be adopted by the City Council with amendment of the word "program after "Parks and Recreation" of the second paragraph, and further specify that "support and assistance" be in no way construed at this time to mean financial consideration. Voting "aye" - Councilman Frank, Councilman Reid, Councilman Griffin, Councilman Sanders, and Councilman Farley. Voting "no" - None Motion passed 5 to 0. MEETING RECESSED 9:201 P.M. - RECONVENED 9:25 P.M. APPLICATIONS 17, 18 AND 19 - REQUEST FOR CHANGE IN LAND USE BY B. M. JAMISON AND LULA BELLE SMITH: Applications 17, 18 and 19 were brought before the City Council at this time for a Public Hearing to be called before the Planning and Zoning Commission. It was moved by Councilman Reid, seconded by Councilman Farley that Applications 17, 18 and 19 be accepted into the records and that a Public Hearing be called before the Planning and Zoning Commission on October 7, 1975. Motion passed 5 to 0. MA CALL OF A SPECIAL MEETING FOR SEPTEMBER 15, 1975 TO OPEN BIDS FOR STREET SURFACING: It was moved by Councilman Farley, seconded by Councilman Reid that a special meeting be called for September 15, 1975 for the purpose of opening and possible award of bid on Bid 75-7, Street Surfacing. Motion passed 5 to 0. RECESSED TO EXECUTIVE SESSION ON PERSONNEL AT 9:30 P.M. RECONVENED AT 10:17 P.M. - NO ACTION AS A RESULT OF EXECUTIVE SESSION - ADJOURN: Meeting adjourned at 10:18 P.M. Minutes approved as submitted and/or corrected this the rod P day of A. D. 1975. ATTEST: G f%/ City Secretary v/ Mayor