1976-05-24 CITY COUNCIL REGULAR MEETING MINUTES146
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF PEARLAND, TEXAS, HELD ON MAY
24, 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
Councilman
Councilman
Councilman
Councilman
City Manager
City Attorney
City Secretary
Absent: Councilman Terry Gray
Carlton McComb
Cecil W. Griffin
Harry Farley
Tom Reid
Benny J. Frank (Entered 7:50 P.M.)
William E. Wolff
Bobby J. Williams
Dorothy L. Cook
INVOCATION AND PLEDGE OF ALLEGIANCE:
The invocation was given by Councilman Farley. The Pledge of Allegiance was led by
Councilman Reid.
AUTHORIZING ISSUANCE OF $300,000 CERTIFICATES OF OBLIGATION BY THE CITY OF PEARLAND:
This item to be placed on the agenda of a future meeting.
APPROVAL OF MINUTES:
It was moved by Councilman .Farley, seconded by Councilman Reid that the minutes of
the meeting of May 6, 1976 be approved as submitted. Motion passed 3. to 0.
Councilman Frank not present: at this time.
It was moved by Councilman Reid, seconded by Councilman Griffin that the minutes of
the regular meeting held on May 10, 1976 be approved as corrected. Motion passed
3 to 0. Councilman Frank not present at this time.
MAYOR'S ACTIVITY REPORT: None
COUNCIL ACTIVITY REPORTS:
Councilman Reid reported that recently a citizen appeared before the City Council
regarding deed restrictions and the enforcement of deed restrictions prior to the
issuance of building permits. A committee was formed to work on this problem.
The legal aspects were investigated by City Attorney Bobby Williams and the admin-
istrative procedures were reviewed and evaluated by City Manager Wolff. '_City
Manager Wolff will go over the final results under the Departmental Reports of
the agenda.
DEPARTMENTAL REPORTS:
City Manager Wolff reported that an administrative directive had been prepared
and would be issued to the Building Department. The directive is as follows:
As an additional consideration for issuing a Building Permit, you are hereby
directed to check all building plans and specifications for compliance with certain
deed restrictions as they are recorded in the Deed Records of Brazoria or Harris
County. Your responsibility is limited to those restrictions which relate to the
improvement and its position on -'the subdivision lot or tract of land.
In some recorded deed restrictions there is a provision whereby the plans
for a new structure are to be reviewed by a Subdivision Architectural Committee.
Where such a committee is named, the following procedure will be followed:
A. When receiving the application for a building permit, inform the
applicant that there may be a waiting period to allow the Architectural Committee
to review and comment on his building plans. This provision does not prohibit
the applicant from contacting the Architectural Committee first to obtain their
comments in order to save time.
B. Conduct the normal review of the proposed plans and specifications
for their compliance with all applicable City Ordinances.
C. Review the proposed plans and specifications for compliance with those
certain subdivision deed restrictions which are applicable.
D. Where applicable, advise a Subdivision Architectural Committee Member
by telephone, that plans for a -building have been submitted for a building permit
and that the committee may review these plans and specifications in the building
permit office during the suceeding three working days.
E. Proceed to step (G) if the Architectural Committee does not review the plans
within the three day period or if the committee cannot be contacted by telephone after
reasonable efforts. (This provision will assure that the applicant for a building
permit will not be unduly penalized by the unavailability of the Architectural
Committee or their lack of response.)
F. Advise the applicant of all comments from the Architectural Committee,
however, only those comments or noted deficiencies that are a violation of some
existing City Ordinance will be a basis for denying the Building Permit.
G. Issue the applicant a building permit upon receipt of applicable fee.
The purpose of this proceedure is to assist the Architectural Committee
by Denying Building Permits for those building plans which are not only in
conflict with enforceable deed restrictions but with City Ordinance provisions as
well. It is not the intent of this directive to reduce the Architectural
Committee's Authority to seek injunctive relief to assure compliance with all
of the provisions of the subdivision deed restrictions including those that are
not in violation of City Ordinances.
Mayor McComb stated that formal concurrence of this directive would be on the
next regular agenda.
CITIZENS:
,�.. Mr. Rex Rowell appeared before the City Council regarding the safety factors
of the Pearland Airport. Mr. Rowell submitted a letter dated May 24, 1976 out-
lining his objections.
Mayor McComb read a letter from Carl L. Edmison, Accident Prevention Specialist
of the Department of Transportation, General Administration thanking the City
for removing trees and undergrowth along the north side of the Pearland Airport.
Mayor McComb asked Mr. Rowell. to work with Councilman Reid and submit some re-
commendations to the City Council for consideration.
Um
Mr. Robert B. Bristow appeared before the City Council asking that the Dog
Ordinance be enforced and a dogcatcher be employed full time:
Mr. W. E. Best appeared before the City Council requesting that he be granted a
permit to build a house on Lot 4, Block 9, Sleepy Hollow Estates. This lot is
five feet less than the original platted lots in the subdivision, and as such,
requires permission of the City Council before a building permit may be issued.
NEW BUSINESS: (Order of business moved by the Mayor)
REQUEST BY W. E. BEST FOR PERMIT:
It was moved by Councilman Farley, seconded by Councilman Griffin that Mr. W. E.
Best, Jr.'s request to build on existing lot in Sleepy Hollow Subdivision, being
Lot 4, Block 9, save and except the 5 feet thereof, be granted and the building
permit be released. Motion passed 4 to 0.
CITIZENS: (Continued)
Mr. Ray Melton asked to speak before the City Council.
It was moved by Councilman Reid, seconded by Councilman Griffin that Mr. Ray
Melton be permitted to speak before the City Council on the subject of his choice.
Motion passed 4 to 0.
Mr. Melton asked the City Council to pave Hatfield Road south of FM 518. Mr.
Melton presented a petition signed by residents of the area requesting the paving
of this road.
Also, Mr. Melton requested that a three way stop sign be installed at the corner
of Rockland and Hatfield Road.
Mr. Bob Biedeger asked to speak before the City Council.
It was moved by Councilman Reid, seconded by Councilman Frank that Mr. Bob
Biedeger be permitted to speak before the City Council. Motion passed 4 to 0.
Mr. Biedeger spoke to the City Council regarding the condition of Hatfield Road.
He advised that he considered the safety aspect to the citizens living along the
road to be one of the most important factors involved. He advised also that he
considered this an environmental problem due to the dust from the road.
Mayor McComb advised that the item of Hatfield Road will be placed on the agenda
of the next regular meeting of the City Council.
DOCKETED PUBLIC HEARINGS: 8:20 P. M.
RECONVENE HEARING ON STREET ASSESSMENTS ON FRANCES DRIVE, TAYLOR LANE AND MC GINNIS
DRIVE AS DESCRIBED IN ORDINANCE OF NECESSITY NO. 245:
Mayor McComb reconvened the Hearing and Councilman Griffin read Ordinance No. 325
in full.
It was moved by Councilman Griffin, seconded by Councilman Reid that Ordinance No.
A
9
325 be passed and approved on first reading. Said Ordinance No. 325 reads in
caption as follows:
ORDINANCE NO. 325
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, CLOSING THE
HEARING ON SPECIAI. ASSESSMENTS AGAINST THE OWNERS OF CERTAIN
REAL PROPERTY ABUTTING CERTAIN PORTIONS OF FRANCES DRIVE,
TAYLOR LANE AND MC:GINNIS DRIVE WITHIN THE CITY OF PEARLAND,
TEXAS; FINDING ANI) DETERMINING THE SPECIAL BENEFITS TO EACH
PARCEL OF ABUTTING PROPERTY AND THE ENHANCEMENT OF VALUE OF
OF EACH PARCEL OF ABUTTING PROPERTY BY REASON OF THE CON-
STRUCTION OF IMPROVEMENTS TO SAID PORTIONS OF SAID PUBLIC
STREETS; DECLARING THE AMOUNT OF ASSESSMENT AGAINST THE SAID
ABUTTING PROPERTIES, AND DECLARING AN EFFECTIVE DATE.
Voting "Aye" - Councilman Griffin, Councilman Farley, Councilman Reid and
Councilman Frank.
Voting "No" - None.
Motion passed 4 to 0.
ORDINANCE NO. 326, AN ORDINANCE ACCEPTING STREET IMPROVEMENTS ON FRANCES DRIVE,
TAYLOR LANE AND MCGINNIS DRIVE:
Ordinance No. 326 read in full by Councilman Frank.
It was moved by Councilman Reid, seconded by Councilman Frank that Ordinance No.
326 be passed and approved on first reading. Said Ordinance No. 326 reads in
caption as follows:
ORDINANCE NO. 326
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ACCEPTING STREET
IMPROVEMENTS ON FRANCES DRIVE, TAYLOR LANE AND MCGINNIS DRIVE.
Voting "Aye" - Councilman Frank, Councilman Reid, Councilman Farley and Councilman
Griffin.
Voting "No" - None
Motion passed 4 to 0.
Mayor McComb adjourned Public Hearing at 8:35 P. M.
CHANGE IN ORDER OF BUSINESS:
NEW BUSINESS (CONTINUED)
SPECIFIC USE PERMIT - GOLFCREST COUNTRY CLUB:
Mayor McComb read a letter from Dennis M. Frauenberger, Chairman of the Planning
and Zonigg Commission, regarding the request of Golfcrest Country Club for a
Specific Use Permit to add two additional tennis courts. The Planning and Zoning
Commission recommended that this Specific Use Permit be granted.
It was moved by Councilman Griffin, seconded by Councilman Reid that a Specific
Use Permit be granted to the Golfcrest Country Club for the construction of two
additional tennis courts. Motion passed 4 to 0.
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CHANGE IN ORDER OF BUSINESS:
DOCKETED PUBLIC HEARINGS: (CONTINUED
PURPOSE OF THE HEARING:
PUBLIC HEARING ON REVENUE SHARING BUDGET FOR THE ENTITLEMENT PERIOD
BEGINNING JULY 1, 1976 AND ENDING DECEMBER 31, 1976.
City Manager Wolff presented the proposed budget as follows:
1. Environmental Protection $19,664.00 (Water & Sewer Lines)
2. Health
Total
25,000.00 (Ambulance)
$44,664.00
PERSONS WISHING TO SPEAK FOR THE PROPOSED BUDGET:
1. Bud Douglas spoke in favor of the budget and the allocation of
$25,000.00 for an ambulance.
2. Mary Ellen Bristow spoke in favor of the budget and the allocation
of $25,000.00 for an ambulance.
PERSONS WISHING TO SPEAK AGAINST THE PROPOSED BUDGET: None
QUESTIONS FROM THE CITY COUNCIL: None
HEARING ADJOURNED: 8:45 P. M.
MEETING RECESSED 8:45 P. M. - RECONVENED AT 8:50 P. M.
UNFINISHED BUSINESS:
SECOND AND (FINAL) READING OF ORDINANCE NO. 322, AN ORDINANCE OF THE CITY OF
PEARLAND ADOPTING AND APPROVING THE RATE SCHEDULES OF HOUSTON LIGHTING AND POWER_CO.
Mayor McComb advised that the Houston Lighting & Power Company had submitted another
ordinance regarding rates (Ordinance No. 322, as amended), however, it would be
the Council's perogative whether they would read Ordinance No. 322 as read and
passed on first reading at the last meeting or whether they wished to read the
new ordinance submitted by the Houston Lighting and Power Company.
t was moved by Councilman Griffin, seconded by Councilman Reid that Ordinance No.
322 as read and passed on first reading which excluded the Cost of Service Adjust-
ment, be considered at this time. Motion passed 4 to 0.
A discussion was held with Mr. Otto Schroeder, representative of the Houston Lighting
& Power Company present at the meeting. The Cost of Service Adjustment was discussed
J and Mr. Schroeder advised that a limit could be placed on the Cost of Service. After
a certain level of increase in Cost of Service the Houston Lighting & Power Company
would be required to come back before the City Council for a Cost of Service Adjust-
ment above the level approved.
Mayor McComb read in full Ordinance No. 322 as approved in the meeting of May 10,
1976. (Second Reading)
It was moved by Councilman Farley, seconded by Councilman Reid that Ordinance No.
322 as read be disapproved on second reading.
Voting "Aye" - Councilman Frank, Councilman Reid, and Councilman Farley.
Voting "No" - Councilman Griffin
Motion passed 3 to 1.
City Attorney Bobby Williams recommended that another ordinance be prepared incor-
151
Voting "Aye" - Councilman Griffin, Councilman Farley, Councilman Reid, and
Councilman Frank.
Voting "No" - None.
Motion passed 4 to 0.
APPOINTMENT.>OF TWO MEMBERS OF THE IMPROVEMENT AND BEAUTIFICATION BOARD:
This item to be placed on next regular agenda.
j
APPOINTMENT OF OFFICERS OF IMPROVEMENT AND BEAUTIFICATION BOARD:
Mayor McComb submitted the following names as officers of the Improvement and
Beautification Board: Mrs. Sandra Price, Chairman, Mr. Robert Bristow, Vice -Chairman
Mrs. Pauline Klosterman, Secretary -Treasurer.
It was moved by Councilman Reid, seconded by Councilman Griffin that the names
submitted by the Mayor as officers of the Improvement and Beautification Board.
be ratified for a term of one year. Motion passed 4 to 0.
NEW BUSINESS: (CONTINUED)
CALL OF A PUBLIC HEARING ON ENTEX REQUEST FOR RATE INCREASE:
It was moved by Councilman Reid, seconded by Councilman Farley that a Public
Hearing be called under Docketed Public Hearings of the regular agenda on June
14, 1976 on request by Entex, Inc. for rate increase. Motion passed 4 to 0.
PUBLIC HEARING BEFORE CITY COUNCIL ON APPLICATION NO. 26, TOMMY HAMBY:
Mayor McComb read a letter dated May 21, 1976 from Dennis Frauenberger, Chairman
of the Planning and Zoning Commission advising that on May 18, 1976 the Planning
& Zoning Commission voted unanimously to recommend to the City Council that the
Application of Tommy Hamby, et ux. be approved.
It was moved by Councilman Reid, seconded by Councilman Farley that a Public
Hearing be held before the City Council on Application No. 26, Tommy Hamby, et-.ux.
under Docketed Public Hearings of the regular agenda, June 14, 1976. Motion
passed 4 to 0.
PRELIMINARY PLAT - GREEN TEE SECTION III:
City Manager Wolff recommended that the City Council approve the Preliminary Plat
of Green Tee Section III. The Planning and Zoning Commission approved and signed
this Preliminary Plat.
It was moved by Councilman Reid, seconded by Councilman Farley that upon the
recommendation of the City Manager the Preliminary Plat of Green Tee Section III
based on signed plat by Planning and Zoning Commission dated May 18, 1976.
Motion passed 4 to 0.
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ORDINANCE NO. 324, APPROPRIATION ORDINANCE ADOPTING REVENUE SHARING BUDGET:
Ordinance No. 324 was read in full by Councilman Frank.
It was moved by Councilman Frank, seconded by Councilman Farley that Ordinance No.
324 be passed and approved on first reading. Said Ordinance No. 324 reads in
caption as follows:
ORDINANCE NO. 324
AN APPROPRIATION ORDINANCE ADOPTING A REVENUE SHARING BUDGET
FOR THE ENTITLEMENT PERIOD BEGINNING JULY 1, 1976 AND ENDING
DECEMBER 31, 1976.
Voting "Aye" - Councilman Frank, Councilman Reid, Councilman Farley, and
Councilman Griffin.
Voting "No" - None
Motion passed 4 to 0.
LETTER AGREEMENT WITH BROOKSIDE VILLAGE FOR TREATMENT OF SEWAGE:
Mayor McComb read a letter proposal dated May 17, 1976 addressed to the Mayor
and City Councilman of Brookside Village as follows:
"May 17, 1976
The Honorable Mayor and City Councilman
City of Brookside Village
Route A3, Box 147
Brookside Village, Texas 77581
Re: Your letter of April 9, 1976, regarding wastewater treatment for City of
Brookside Village.
Gentlemen:
We are in receipt of your letter requesting that the City of Pearland pro-
vide wastewater treatment service to your City and a rate schedule for such treat-
ment services. To assist you in planning the needs of your community, the City of
Pearland would agree to treat wastewaters of the City of Brookside Village subject
to the following conditions:
1. All wastewater will be delivered to the nearest Pearland treatment plant
site from a separate line owned and maintained by the City of Brookside Village.
2. All engineering costs, legal costs, and/or audit costs related to this
project and provided by outside consultants, incurred by the City of Pearland,
will be paid by the City of Brookside Village.
3. The price to be established for treatment shall be certified annually, by
a Certified Public Accountant chosen by the City of Pearland, and the price to be
established shall be based on application of the following formula:
Inflow concentration x volume of Total cost of providing and
Brookside as measured at input operating the plant as determined
point by application of generally
X accepted accounting principles = '�
Total concentration x Volume of as applied on the basis of the
Plant plant as a separate operating entity
This formula should provide a percentage to allocate its total costs between the
two cities. The resulting amount will be multiplied by 1.08 to arrive at the
price to be paid to the City of Pearland for treatment of Brookside wastewater.
Letter proposal to City of Brookside Village May 17, 1976
Page - 2 -
4. The City of Brookside Village will keep on deposit with the City of Pear -
land an amount of money equal to two months average treating fees. Such amount to
be estimated for the first year and to be based on the rate for the two highest
months of the preceding twelve months for future years. Such deposit to cover
working capital requirements relating to the City of Brookside's portion of plant
cost. Alternative means of providing portion of working capital requirement re-
lating to City of Brookside's portion may be provided in final contract.
5. Treating plant improvements made either voluntarily or as the result of
future State or Federal requirements are to be the exclusive domain of the City
of Pearland as to the decisions regarding equipment, timing, financing, etc., and
costs necessitated thereby will be reflected in the cost of treating the combined
wastewater as calculated above.
6. The City of Brookside will be required to enact and enforce ordinances
relating to the discharge of toxic or other non -approved wastes into its sewer
system. Such ordinances must substantially agree with the City of Pearland's
ordinances, and any and all applicable Federal and State Statutes.
7. These conditions will be expressed in a formal contract at some future
date. Said contract to be for an initial term of thirty (30) years with a thirty
(30) year renewal option.
8. The City of Brookside will enact and enforce an ordinance requiring all
existing and future buildings to connect to the proposed sanitary sewer collection
system its made available.
9. The conditions listed above are preliminary and may be modified or ex-
panded in the formal contract for service.
In conclusion, the City of Pearland agrees to treat your wastewater, however,
we feel very strongly that any and all costs, audit, engineering, legal, or other-
wise, relating to connecting your City's collection system into our system should
be borne by you. Furthermore, the costs of operating the system, including ac-
quisition costs, financing costs, and administration are to be fully reflected
and properly apportioned in determining the treatment charge. The additional
responsibiltiy assumed by Pearland in treating your sewage will require an addi-
tional charge of 8% above cost.
To expedite the contractual arrangements and future communications, a
Committee chaired by Councilman Cecil Griffin and Councilman Tom Reid has been
appointed to negotiate for the City of Pearland. Please feel free to contact
them directly.
Yours very truly,
Carlton -McComb
Mayor"
Letter proposal to City of Brookside Village May 17, 1976
Page - 3 -
ACCEPTANCE OF THE PROPOSAL:
IN WITNESS WHEREOF, the City of Brookside Village, Texas, by motion duly
passed by its City Council hereby accepts this proposal and has caused said
proposal to be signed by its Mayor and attested by its Secretary this the
day of A. D. 1976.
George D. Carter
Mayor, City of Brookside Village
ATTEST:
Aurora C. Rodriguez
City Secretary"
1531
154
It was moved by Councilman Griffin, seconded by Councilman Frank that the afore-
said letter be approved and the Mayor be authorized to sign the same on behalf
of the City. Motion passed 4 to 0.
OTHER BUSINESS:
It was moved by Councilman Farley, seconded by Councilman Griffin that the absence
of Councilman Farley from the meeting of May 10, 1976 be shown as excused absence
for business reasons. Motion passed 4 to 0.
EXECUTIVE SESSION:
Executive Session held under Section 2, Subsection (f) Open Meetings Law -
Purchase, sale exchange, lease, or value of real estate.
Reconvene to open session for any action as a result of Executive Session at
10:25 P. M. No action as a result of Executive Session.
ADJOURN:
Meeting adjourned at 10:26 P. M.
Minutes approved as submitted and/or corrected this the day of 0zZ-_,,-/ _,�2
A. D. 1976.
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Mayor
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