1975-12-22 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND HELD ON
DECEMBER 22, 1975, AT 7:30 P.M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARLAND
TEXAS.
Mayor Carlton McComb
Councilman Cecil W. Griffin (Entered 7:40 P.M.)
Councilman Harry Farley
Councilman Gene E. Sanders (Entered 7:50 P.M.)
Councilman Tom Reid
Councilman Benny J. Frank
City Manager William E. Wolff
City Secretary Dorothy L. Cook
Absent from meeting: City Attorney Bobby J. Williams
INVOCATION AND PLEDGE OF ALLEGIANCE:
The invocation was given by the Rev. Art Jones. The Pledge of Allegiance was led
by Councilman Frank.
BID OPENING - BID NO. 75-12, TRUCK CAB AND CHASSIS FOR FIRE DEPARTMENT:
The following bids were opened and read aloud.
VENDOR MAKE
Bud Brown Ford, Inc.
Port City Ford Sales Ford
South Loop Ford
MODEL PRICE
No Bid
No Bid
1976 $9,861.14
DELIVERY DATE
It was moved by Councilman Reid, seconded by Councilman Frank that the bid submitted
by South Loop Ford in response to Bid No. 75-12, be accepted into the records.
Motion passed 3 to 0.
Bid referred to the Committee from the Fire Department for tabulation and recommendation.
It was moved by Councilman Farley, seconded by Councilman Reid that the minutes
of the regular meeting held on December 8, 1975 be approved as submitted. Motion
passed 3 to 0.
MAYOR'S ACTIVITY REPORT:
Proposed Apartment Unit East Broadway, George Young, Developer:
Mayor McComb advised that there are some problems to be considered on this project
as to water and sewer facilities. He appointed a Committee of Councilman Griffin
as chairman, Councilman Frank and City Manager Wolff as members to look at this as
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a total project for the water and sewer facilities in the area, and what could
be done to get services extended, what the cost would be, and who would bear the
cost. (This Committee to report back to the Council at a later date.)
COUNCIL ACTIVITY REPORTS:
Councilman Griffin discussed the date of the Public Hearing on the Landfill
Application filed with the State Health Department by the City on property
owned near Manvel. City Manager Wolff advised that he had discussed the delay in
the date of the Hearing with the State Health Department and was advised that a
March date would be scheduled. He advised that he was assured that there would be
no further delay by the State Health Department in setting a date for the Hearing.
Councilman Griffin stated that he felt it needed to be clear with the State
Health Department that we would wait only until March. Mayor McComb requested
that the City Manager prepare a letter to the State Health Department advising
them that after March, if no Hearing has been called, the City Attorney will be
authorized to take whatever action necessary to get a Hearing called on our
application for permit. The letter to be submitted at the next Council meeting
for approval before mailing to the State Health Department.
DEPARTMENTAL REPORTS:
City Manager Wolff - Pipeline Safety:
Mr. Wolff advised that he did not feel qualified to make a report on pipeline safety,
however, in response to the City Council's request he had tried to explore sources that
could give him qualified opinions regarding the subject. Mr. Young, the Developer,
had written a letter to the Texas Eastern and their reply indicated that you are
more likely to be killed walking to the kitchen in the middle of the night to get a
glass of water than you are by living 200 years by a pipeline. The only restriction
the Housing and Urban Development and F. H. A. place on a dwelling unit being next
to a pipeline is that no part of the structure will be located less than 10 feet
from the outer boundary of the pipeline easement. This opinion is based on results
of the combined efforts of the State Agencies and the Department of Transportation.
Mr. Wolff advised that he had met with Mr. Bob Aubrey, the man in charge of the
Houston Division of the Department of Transportation. Mr. Aubrey called attention
to the fact that this 10 foot set back was not based on safety, but on assured
access to the pipeline easement. Mr. Aubrey stated that this line was under the
I. C. C. and he recommended that on the construction of this unit that official
notice be given to the Texas Eastern of the issuance of the building permit. He
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further stated that if Texas Eastern had any qualms about vehicular travel over
the interior roads of this development, they and the owner of the property would
have to work this out. Also, this line was installed under the grandfather's clause
as expressed in the D. 0. T. Regulations, however, the requirement of operation
and maintenance were definitely under the Regulations, and the local agency here in
Houston are watch dogs over this so called maintenance and operation. We discussed
the class of pipeline in relation to density of population around it. He went on
to say that while the class did apply to a gas line it did not apply to a liquid
line. There is another line on the property which I understand to be a liquid line.
There are no set back requirements on a liquid line as far as they are concerned.
The H.U.D. does say that the liquid line will have the same rights for clearance as
the other. Mr. Aubrey said these things were constantly monitored and reports were
submitted to the proper Department of Transportation by all people interested in
Interstate Commerce, and that somewhere along the line there are some flow line
regulation devices in case of a mass break so that the flow could be shut down or
would automatically shut off. He was not too clear on this point. Mr. Wolff
advised that he had attempted to talk to Exxon people about their lines, but they
do not want to talk at all.
Councilman Farley stated that he understood that the adjoining communities did
have ordinances which regulate building in the area of pipelines. He stated that
he would recommend that the City Council study this matter further. Mayor McComb
appointed Councilman Farley as a Committee to study this matter and come back to
the City Council with a proposed ordinance regulating building in the area of
pipelines.
CITIZENS:
Mr. George Young spoke to the City Council and stated that the reason for with-
drawal of Application 17 and the Multi family portion of Application 19 was due to
a time frame element that -he was approaching on the skating rink. He said that he
had chosen to move the skating rink from the Dixie Farm Road location to the F.M.
518 (East Broadway) location which would be covered under the Commercial section
of Application No. 19.
DOCKETED PUBLIC HEARINGS: NONE
CHANGE IN ORDER OF BUSINESS:
NEW BUSINESS:
PRESENTATION OF AUDIT FOR FISCAL YEAR ENDING SEPTEMBER 30, 1975:
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Mr. Charles Fitch, from the firm of Lairson, Young & Fitch presented the Audit for
the year ending September 30, 1975. He advised that with the assistance of Mrs.
Thompson this audit was expanded to qualify for a Certificate of Compliance from
the Municipal Finance Officer's Association. Mr. Fitch stated that on Page 4 of
the standard auditor's opinion, this was an unqualified opinion. By that he advised
that there was no reservations regarding the report presented.
It was moved by Councilman Griffin, seconded by Councilman Sanders that the audit
as presented by the firm of Lairson, Young & Fitch, Certified Public Accountants,
be accepted into the records of the City. Motion passed 5 to 0.
APPOINTMENT OF MEMBER AT LARGE - BOARD OF ADJUSTMENT & APPEALS - BUILDING CODE:
It was moved by Councilman Farley , seconded by Councilman Reid that Ronald Parker
be appointed as a Member at Large of the Board of Adjustment & Appeals of the
Building Code for the unexpired term of Luther White. This term to expire
August, 1976. Motion passed 5 to 0.
Mayor McComb administered the Oath of Office to Mr. Parker.
UNFINISHED BUSINESS:
ORDINANCE NO. 246-11, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT
ORDINANCE:
Ordinance No. 246-11 read in full by Councilman Farley. (Second Reading)
It was moved by Councilman Farley, seconded by Councilman Reid that Ordinance No.
246-11 be passed and approved as read on second and final reading in a regular
Council Meeting. Said Ordinance No. 246-11 reads in caption as follows:
ORDINANCE NO. 246-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING CERTAIN PORTIONS OF ORDINANCE NO. 246,
ENTITLED LAND USE AND URBAN DEVELOPMENT, BY ADDING AND/OR
DELETING AND/OR CHANGING SPECIFIC PROVISIONS CONTAINED
THEREIN; PROVIDING AN EFFECTIVE DATE; AND PROVIDING OTHER
PROVISIONS IN RELATION THERETO.
Voting "aye" - Councilman Frank, Councilman Reid, Councilman Sanders, Councilman
Griffin, and Councilman Farley.
Voting "no" - None.
Motion passed 5 to 0.
Councilman Sanders stated that he had registered his objections to Paragraph 2,
Section I, by attempting to amend the motion, however, he felt he could not vote
against the ordinance.
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ORDINANCE NO. 318 - AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE
PAVING OF GLENDA STREET:
Ordinance No. 318 read in full by Councilman Griffin. (Second Reading)
It was moved by Councilman Griffin, seconded by Councilman Sanders that Ordinance
No. 318 be passed and approved on second and final reading in a regular meeting.
Said Ordinance reads in caption as follows:
ORDINANCE NO. 318
AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE
PAVING AND IMPROVEMENT OF PORTIONS OF GLENDA STREET,CITY OF
PEARLAND, TEXAS; APPROVING PLANS AND SPECIFICATIONS FOR SUCH
WORK; AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR BIDS, IF
NECESSARY, DIRECTING THE PREPARATION OF ESTIMATES; INVOKING
AND ADOPTING THE PROVISIONS OF ARTICLE 1105b, VERNON'S RE-
VISED CIVIL STATUTES; PROVIDING THE MANNER IN WHICH AND BY
WHOM THE COST OF SUCH IMPROVEMENTS SHALL BE PAID AND PRO-
VIDING FOR THE ASSESSMENT OF A PORTION OF SUCH COST 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 THIS ORDINANCE TO BE
FILED IN THE DEED OF TRUST RECORDS OF BRAZORIA COUNTY, TEXAS,
PROVIDING A SAVINGS CLAUSE AND AN EFFECTIVE DATE HEREOF.
Voting "aye" - Councilman Farley, Councilman Sanders, Councilman Griffin,
Councilman Reid and Councilman Frank.
Voting "no" - None.
Motion passed 5 to 0.
ENGINEERING ESTIMATE - PAVING OF GLENDA STREET:
Mayor McComb read into the records of the City, the Engineer's Estimate for the
cost of street improvements to Glenda Street, as follows:
EQUIPMENT AND LABOR $ 4,051.40
LEGAL, ADM & ENGINEERING 424.00
TOTAL MATERIAL 10,369.22
TOTAL ESTIMATED COST $14,844.62
Total Approximate Project Length ......................1,759 ft.
Average cost per foot ................................. $8.44
It was moved by Councilman Farley, seconded by Councilman Griffin that the
City Engineer's Estimate for street improvements to Glenda Street be received
into the City records. Motion passed 5 to 0.
MEETING RECESSED AT 8:20 P.M. - RECONVENED AT 8:35 P.M.
RELEASE OF STREET LIGHT EASEMENT, LOT 15 AND 16, BLOCK 4, WOODCREEK ADDITION I:
City Manager Wolff explained that a request had been received form the Hinton
Mortgage and Investment Company regarding a release by the City of a street light
easement between Lot 15 and 16, Block 4 of Woodcreek Addition, Section I.
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A builder made an error and the garage was constructed across this easement which
is 5 feet from the lot line. This easement in question was one added for possible
additional street lights when the subdivision was platted. The error has been
corrected by conveying a portion of Lot 16 to Lot 15. The City Attorney has
reviewed the situation and he recommends your favorable consideration of this
request. The Houston Lighting & Power Company has released this easement, however,
in order to clear this matter the City will need to also release this easement.
It was moved by Councilman Griffin, seconded by Councilman Reid that release of a
five foot Street Light Easement between Lots 15 & 16, Block 4, Section I, Woodcreek
Subdivision. Motion passed 5 to 0.
APPLICATION NO. 75-21, REQUEST BY JAMES LEWIS MARTIN FOR CHANGE IN ZONING:
Application No. 75-21 was submitted to the City Council for call of a Public
Hearing before the Planning & Zoning Commission.
It was moved by Councilman Reid, seconded by Councilman Farley that a Public
Hearing before the Planning & Zoning Commission on Application No. 75-21, James
Lewis Martin, be called for January 6, 1976 at 7:30 P.M. in the City Hall.
Motion passed 4 to 1. Councilman Sanders opposed.
Site plan to be added as an item to be furnished with all Applications for
changes in zoning.
STREET IMPROVEMENTS TO RYAN ACRES DRIVE:
City Manager Wolff advised the City Council that he had been contacted by residents
of Ryan Acres Drive calling to his attention to the fact that at the time of the
annexation of the Subdivision some $1,700.00 was placed in escrow for the topping
of Ryan Acres Drive. Mr. Wolff stated that what little base was on the street
has been mixed with construction mud during the installation of water and sewer
lines in the area and the base on the street at the present time is not sufficient
depth to construct a durable street. Mr. Wolff estimated that the cost would be
approximately $6,500.00 for the base material. The length of the street is
2150 feet. Councilman Sanders advised that the thinking of the City Council at the
time of acceptance of the $1,700.00 for topping was to let the subdividers put
the base in, and after the cement trucks had delivered the cement for house found-
ations, the topping would be placed on the street.
It was moved by Councilman Sanders, seconded by Councilman Reid that the City
recognize its responsibility connected with the agreement of December 6, 1962,
between the City and John Waling, Developer of Ryan Acres Subdivision, and
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authorize the City Manager to proceed with the purchase of materials and construction
of the Ryan Acres Drive roadway. This work will begin after completion of all roads
under the existing paving program, and this street will be 20 feet in width with
7 1/2 crushed concrete base and double course of penetrating asphalt.. Motion
passed 5 to 0.
AUTHORIZATION BY CITY COUNCIL TO FILE SUIT FOR PAVING ASSESSMENTS - LONGHERRIDGE
DRIVE, MARY'S CREEK LANE EAST, MARY'S CREEK LANE WEST, SHADYCREST DRIVE, AND
A PORTION OF SHADYBEND DRIVE LOCATED IN SHADYCREST SUBDIVISION:
It was moved by Councilman Griffin, seconded by Councilman Reid that the City
Attorney be authorized to file suit for collection of principal, interest, etc.
relative to the amounts due for the participation paving program as listed in
letter dated December 17, 1975, for Longherridge Drive, Mary's Creek Lane East,
Mary's Creek Lane West, Shadycrest Drive and a portion of Shadybend Drive located
in Shadycrest Subdivision. Motion passed 5 to 0.
CALL OF STREET ASSESSMENT HEARINGS:
This item passed until a later meeting.
AUTHORIZATION FOR MAYOR TO APPLY FOR AMENDMENT TO STEP I GRANT FOR PURPOSE OF
PROVIDING FOR SEWER SYSTEM EVALUATION SURVEY AND ADJUSTMENT OF BUDGET:
It was moved by Councilman Reid, seconded by Councilman Farley that the Mayor be
authorized to apply for amendment to Step I Grant for Sewer System Evaluation
Survey, and the budget of the City be amended accordingly. Motion passed 5 to 0.
DOG ORDINANCE:
It was moved by Councilman Sanders, seconded by Councilman Griffin that pursuant
to the City Manager's request, there will be no action taken on the proposed
amendments to Ordinances 173 and 173A at this time. By passage of this minute
order, the City Manager is instructed to:
(1) Cause enforcement of Ordinances 173 and 173A to the letter of the law
beginning no later than January 15, 1976.
(2) Cause immediate enlargement, if necessary, to the existing pound facilities.
(3) Accept, with the view to immediate employment, applications for an Assistant
Humane Officer.
(4) Cause this action and the basic requirements for licensing and control of
dogs to be circulated and published to all citizens of Pearland.
(5) Cause this item to be placed on the agenda for the regular Council Meeting
of February 23, 1976, for consideration and possible action.
(6) Cause the Humane Officer to issue citations to those owners impeding his
enforcement or failing to cooperate in his enforcement of the above named
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Ordinances. Such citations shall be based on Section II of Ordinance No. 173.
(7) Submit to this Council proposed Budget amendments and/or other financial
proposals to implement the above instructions by the regular Council Meeting of
February 9, 1976.
Motion failed 4 to 1. Councilman Griffin, Councilman Reid, Councilman Frank
and Councilman Farley opposed.
The Council requested that the motion that just failed be reconsidered at the
first meeting in February after the funding capabilities have been determined
by the City Manager.
ACCEPTANCE OF WITHDRAWAL OF APPLICATION 17 AND THE MULTI -FAMILY PORTION OF
APPLICATION NO. 19:
Mayor McComb read a letter dated December 16, 1975 from B. M. Jamison and George
E. Young, as follows:
From: George E. Young
To: The Honorable Mayor and City Council
City of Pearland, Texas
Date: December 16, 1975
Gentlemen:
It has been requested in application #19 filed with the City of
Pearland on September 4, 1975, that the Land Use Ordinance #246
be ammended to designate a portion of the property described in
said application for commercial use and the remainder of the
tract for multi -family use. The request for rezoning of the
multi -family portion was made in an effort to provide us with
several options for the future development of the subject pro-
perty for what we consider to be its highest and best use. In
view of the anticipated delay and complications caused by the
request for multi -family zoning, and also in consideration of the
urgency with which we wish the commercial portion to be approved,
I hereby request that the multi -family portion of application #19
be withdrawn as of this date. I further urge that the request for
rezoning of the commercial portion be considered at the next regu-
lar meeting of the Pearland City Council.
As of this date I would also like to withdraw in its entirety,
Application #17, which was also filed with the City of Pearland
on September 4, 1975.
Your cooperation is appreciated.
Sincerely,
s/George E. Young
s/Bert M. Jamison
------------------------------------------------ ----------------------
It was moved by Councilman Farley, seconded by Councilman Griffin that the letter
dated December 16, 1975 from B.M. Jamison and George Young be made a part of this
meeting. Motion passed 5 to 0.
It was moved by Councilman Reid, seconded by Councilman Farley that the City
Council concur with the withdrawal of Application No. 17 and the Multi -family
portion of Application No. 19 as stated in a letter from B.M. Jamison and George
E. Young under date of December 16, 1975. Motion passed 5 to 0.
ORDINANCE NO. 246-12 - AN ORDINANCE PROVIDING FOR AMENDMENT TO LAND USE DISTRICT
MAP - APPLICATION NO. 18 - LULA BELLE SMITH PU TO C:
Ordinance No. 246-12 read in full by Councilman Reid. (First Reading)
MEETING RECESSED 10:00 P.M. - RECONVENED AT 10:02 P.M.
It was moved by Councilman Reid, seconded by Councilman Griffin that Ordinance
No. 246-12 be passed and approved on first reading. Said Ordinance No. 246-12
reads in caption as follows:
ORDINANCE NO. 246-12
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 PRO-
VISIONS RELATING TO THE SUBJECT.
Voting "aye" - Councilman Frank, Councilman Reid, Councilman Griffin, Councilman
Sanders and Councilman Frank.
Voting "no" - None
FIRST READING OF ORDINANCE NO. 246-13 - AN ORDINANCE PROVIDING FOR AMENDMENT TO
LAND USE DISTRICT MAP - APPLICATION NO. 19 - BERT M. JAMISON - PU TO C:
Ordinance No. 246-13 read in full by Councilman Sanders. (First Reading)
It was moved by Councilman Griffin, seconded by Councilman Sanders that Ordinance
No. 246-13 be passed and approved on first reading. Said Ordinance No. 246-13
reads in caption as follows:
ORDINANCE NO. 246-13
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 PRO-
VISIONS RELATING TO THE SUBJECT.
Voting "aye" - Councilman Farley, Councilman Sanders, Councilman Griffin,
Councilman Reid and Councilman Frank.
Voting "no" - None
Motion passed 5 to 0.
RESOLUTION NO. 75-29, ROUTE OF HOUSTON ALVIN EXPRESSWAY:
Mayor McComb read the proposed Resolution for Council's consideration reaffirming
the City's position on the westerly route of the expressway.
It was moved by Councilman Reid, seconded by Councilman Farley that Resolution No.
75-29 be approved as submitted. Said Resolution No. 75-29 reads in caption as
follows:
RESOLUTION NO. 75-29
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, REAFFIRMING PREVIOUS ACTION AND POSITION TAKEN BY
RESOLUTION NO. 37, ADOPTED UNDER DATE OF MAY 22, 1969, ON
THE WESTERN ROUTE OF THE ALVIN-HOUSTON EXPRESSWAY.
Voting "aye" - Councilman Farley, Councilman Griffin, Councilman Sanders, Councilman
Reid and Councilman Frank.
Voting "no" - None
Motion passed 5 to 0.
AWARD OF BID NO. 75-12:
This item to be placed on the next regular agenda.
Minutes approved as written and/or corrected submitted this the 1.9 day of
A. D. 1976.
Mayor
ATTEST:
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City Secretary