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1976-02-09 CITY COUNCIL REGULAR MEETING MINUTES85 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS HELD ON FEBRUARY 9, 1976, 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 Carlton McComb Councilman Cecil W. Griffin Councilman Harry Farley Councilman Tom Reid Councilman Benny J. Frank 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 the Rev. Art Jones. The Pledge of Allegiance was led by Councilman Reid. RESIGNATION OF GENE E. SANDERS - POSITION 3: Mayor McComb read a letter dated January 31, 1976 from Gene E. Sanders submitting his resignation as Councilman Position 3, effective January 31, 1976. It was moved by Councilman Reid, seconded by Councilman Frank that Gene E. Sanders' letter of resignation from Position 3 as of January 31, 1976, be accepted into the records of the City Council and that the resignation be accepted by the City Council. Motion passed 4 to 0. APPROVAL OF MINUTES: It was moved by Councilman Reid, seconded by Councilman Griffin that the minutes of the regular meeting held on January 26, 1976 be accepted as amended. Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT: Mayor McComb administered the Oath of Office to the officers of the Pearland Volunteer Fire Department. COUNCIL ACTIVITY REPORTS: Councilman Farley reported on a seminar he attended in Austin on Emergency Medical Services. Councilman Farley recommended to the citizens of the Community, as well as the City Council, that those interested in emergency medical services press for- ward with an educational program to determine the quality of the service they desire for this community, so that in some future date this type of service can be made a reality. M Councilman Reid reported that the "Help Keep Brazoria County Beautiful" Association held its annual meeting in Angleton. Thirteen people from Pearland attended this meeting which represented the largest group from any City in the County. Councilman Reid also reported that he attended the Houston -Galveston Area Council's annual meeting. He reported that Homer Ford, Councilman of Houston, was elected as President, and Benny Howard, Mayor of Richwood, was elected Vice President. Delegates to the Executive Committee were elected at this same meeting, with Asa Yeamans as representative, and Tom Reid as alternate. DEPARTMENTAL REPORTS: City Manager Wolff's report on the funding capabilities of the City regarding the enlargement of the dog pound and employment of Assistant Humane Officer to be made at a later time in the meeting. CITIZENS: Mrs. M. L. Ritter appeared before the City Council and read a statement opposing the apartment project on Highway 518, near the Galveston County line, as well as the extension of water and sewer lines to the area where the apartment project is to be built. Dr. & Mrs. J. L. Armbruster appeared before the City Council with complaints about the dog catcher and the conditions of the City Dog Pound. Mayor McComb asked the Armbrusters to furnish a list of the questions they would like answered and this information will be forthcoming at the next meeting of the City Council. DOCKETED PUBLIC HEARINGS: 8:20 P. M. APPLICATION NO. 75-21: James Lewis Martin - REQUEST FOR AMENDMENT TO LAND USE AND URBAN DEVELOPMENT ORDINANCE. PU TO COMMERCIAL (4.0 acres out of lot 35, H. T. & B. R. R. Co. Survey 4, Abstract 543.) PERSONS WISHING TO SPEAK FOR THE REQUESTED CHANGE: Mr. Martin advised the City Council that he planned to use the property for parking, repair, and maintenance of his oilfield equipment. PERSONS WISHING TO SPEAK AGAINST THE REQUESTED CHANGE: None QUESTIONS FROM THE CITY COUNCIL: Councilman Farley asked if the location of this property was on Shank Road just west of the Houston Pipeline Company. Mr. Martin advised that this was the location. HEARING ADJOURNED AT 8:20 P. M. TTNFTNTgHRn RTT.4TNRgG: 0 RECONSIDERATION OF MOTION REGARDING DOG ORDINANCE: Mayor McComb asked City Manager Wolff to advise the City Council of the funding capabilities of the City regarding enlargement of Dog Pound and employment of an Assistant Humane Officer. Mr. Wolff reported the following: 1. The operation of the Dog Pound and all aspects of animal collection is dependent upon the general fund for its major source of revenue. 2. The fines and forfeitures for collection of animals is not nearly enough to cover the operations. 3. The current budget allocation was for one man and expenses for the operation of the existing shelter. 4. The cost of increasing the present pound to double its size, hiring another man, plus supplies, would cost approximately $9,500.00 for the current budget period. 5. The City needs some $33,000.00 in revenue to meet our current budget. 6. The City could not undertake the enlargement of the building, man- power, and other essentials necessary to operate a larger dog pound. 7. The City has adequate lock-up now. 8. The cost for making the present shelter rat proof is unknown. The Council did not reconsider the motion as they felt additional study was needed. Improvement of the present facility was discussed by the City Council. It was moved by Councilman Griffin, seconded by Councilman Reid that this item be deferred until the next council meeting so that the City Manager can provide funding costs, and the Health Inspector can give us some indication of what may or may not be required to upgrade or satisfy basic health requirements for the City Pound. Motion passed 4 to 0. APPLICATION NO. 75-21, AMENDMENT TO LAND USE AND URBAN DEVELOPMENT ORDINANCE: It was moved by Councilman Griffin, seconded by Councilman Farley that the City Attorney be directed to prepare an amendment to the Land Use and Urban Development Ordinance for a change as outlined in Application No. 75-21. This item to be considered by the City Council at the next regular meeting. Motion passed 4 to 0. NEW BUSINESS: REQUEST BY BLACK BASE, INC. FOR EXTENSION OF NOTTINGHAM STREET: Mayor McComb read a letter from Black Base, Inc. dated January 30, 1976, and one from Tom Alexander dated February 3, 1976, requesting the opening of a forty (40) foot dedicated road that is shown on the A. C. H. & B. Survey, Abstract 147 which 8_ would be an extension of Nottingham Street. The letters also requested that the street improvement be made under the participation paving program that now exists in the City of Pearland. MEETING RECESSED 8:45 P. M. - RECONVENED 8:55 P.M. City Manager Wolff advised that the road mentioned is opened as far as the north- west corner of the Jamison tract. A fence has been placed down this 40 foot easement. Any opening would be predicated on a survey, presumably by City, by a registered surveyor, to find the proper positioning of this 40 foot road. Based on the survey, the fence would be removed and the road would be opened. The question of whether or not it was the City's responsibility to survey this road was discussed. Mr. Wolff advised that the City has accepted dedication of lots abutting this roadway, as well as the fact that water and sewer services have been extended to these lots through City funds. The choice would be either to open half a road or to open it all. This requested extension would be approximately 750 feet long. Mr. Wolff asked the Council to agree to let him have the property for the road surveyed and he would report back to the City Council. AUTHORIZATION TO CONSTRUCT BRIDGES FOR THE NEW CITY PARK: Mayor McComb read a letter dated February 9, 1976 from Johnny L. Griffin, Chairman of the Brazoria County Drainage District No. 4. This letter advised that the Drainage Commission agreed to the following proposition with the City of Pearland subject to approval of the Mayor and Council. 1. The District will furnish materials and labor for a creosote lumber bridge on John Lizer Road over Mary's Creek. 2. The District will build a bridge for the City of Pearland at such site as designated by the City at Independence Park over Mary's Creek but, materials for such bridge of creosote lumber will be furnished by the City. 3. The District can and will take proper bids for creosote lumber for both bridges outlined above and the City will reimburse the District for the parksite bridge as the bid indicates. 4. Bids would be taken immediately after appropriate action is taken by the City to proceed with both projects. Mayor McComb advised that estimate cost of materials for building the bridge in- side the park would be between $10,000.00 and $13,000.00. It was moved by Councilman Reid, seconded by Councilman Farley that we accept the letter proposal from the Brazoria County Drainage District No. 4 dated February 9, 1976 into the records of the City, and that we indicate Council concurrence with this proposal. Motion passed 4 to 0. FIRST READING OF ORDINANCE NO. 58B-1, AMENDING THE SUBDIVISION ORDINANCE: Ordinance No. 58B-1 was read in full by Councilman Griffin. It was moved by Councilman Griffin, seconded by Councilman Frank that Ordinance No. 58B-1 be approved on first reading in a regular meeting of the City Council. Said Ordinance No. 58B-1 reads in caption as follows: ORDINANCE NO. 58B-1 AN ORDINANCE OF THE CITY OF PEARLAND, BRAZORIA, HARRIS COUNTIES, TEXAS, AMENDING ORDINANCE NO. 58, ENTITLED SUBDIVISION REGULATIONS OF THE CITY OF'PEARLAND, TEXAS, BY ADDING THERETO AND INSERTING THEREIN, FOLLOWING SECTIONS V -B-7, MINIMUM STANDARDS -SANITARY SEWERS AND V -B-8, MINIMUM STANDARDS -WATER LINES, NEW SUBSECTIONS TO BE HEREINAFTER REFERRED TO AS SUBSECTIONS 7 a-1 SECTION V -B AND 8 a SECTION V -B, AND REPEALING ALL ORDINANCES AND PROVISIONS OF ORDINANCES THAT CONFLICT HEREWITH. Voting "Aye" - Councilman Farley, Councilman Griffin, Councilman Reid, and Councilman Frank. Voting "No" - None Motion passed 4 to 0. CALL OF CITY ELECTION: Mayor McComb advised that a Special Meeting would be called for February 16, 1976 to call the election and open bids on pipe and automobiles. OTHER BUSINESS: None ADJOURN: Meeting adjourned 9:15 P. M. Minutes approved as submitted and/or corrected this day of 1976, A. D. Mayor ATTEST: City Secretary