1976-07-26 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
HELD ON JULY 26, 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 Tom Reid
Councilman Cecil W. Griffin
Councilman Harry Farley
Councilman Terry Gray
Councilman Benny J. Frank (Entered 7:40 P.M.)
City Attorney Bobby Williams
City Secretary Dorothy L. Cook
Absent from meeting: City Manager William E. Wolff
INVOCATION AND PLEDGE OF ALLEGIANCE:
The invocation was given by Councilman Reid. The Pledge of Allegiance was led
by Councilman Griffin.
APPROVAL OF MINUTES:
It was moved by Councilman Reid, seconded by Councilman Farley that the minutes
of a regular meeting held on July 12, 1976 be approved as submitted. Motion
passed 4 to 0. Councilman Frank not present at this time.
MAYOR'S ACTIVITY REPORT:
Proclamation - Dad's Club Tournament Days in Pearland - July 30, 31, and
August 1, 1976.
COUNCIL ACTIVITY REPORTS:
Councilman Reid reported that as Chairman of the Street Committee he had been
looking at the problems of how to handle a City with as many miles of streets
as we have in Pearland, with the small amount of money we have to allocate to
this department. He advised that Buford Parrish, Administrative Assistant to
the City Manager, prepared a Street Inventory which indicates that we have 69.8
miles of streets in the City. The inventory reflects that 54% of the streets
are asphalt, 26% are concrete, 6% are rock, 9% are shell, and 5% are dirt.
Councilman Reid submitted the report to the Council for their consideration and
future use.
Councilman Griffin reported that the Brazoria County Cities Association at its
meeting last week discussed the County -Cities Solid Waste Disposal Project, and
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all of the cities agreed in general to decline to participate with the County
any additional studies. It was the feeling that adequate studies have been made
concerning this matter. The money that has been sent to the County by the various
cities will be asked to be returned unless the County indicates some willingness
to move forward on a program.
DEPARTMENTAL REPORTS: None
CITIZENS: None
DOCKETED PUBLIC HEARINGS: None
UNFINISHED BUSINESS:
APPOINTMENT OF MEMBER TO IMPROVEMENT AND BEAUTIFICATION BOARD:
It was moved by Councilman Reid, seconded by Councilman Gray that Harry S. Smith
be appointed as a member of the Improvement and Beautification Board for the
unexpired term (1978) of Terry Gray. Motion passed 5 to 0.
Mayor McComb administered Oath of Office to Mr. Smith.
ORDINANCE NO. 332, AN ORDINANCE AUTHORIZING THE ISSUANCE OF $240,000 CERTIFICATES
OF OBLIGATION:
Ordinance No. 332 was read in full by members of the City Council. (Second and
Final Reading)
It was moved by Councilman Reid, seconded by Councilman Gray that Ordinance No.
332 be passed and approved on second and final reading. Said Ordinance No. 332
reads in caption as follows:
ORDINANCE NO. 332
ORDINANCE AUTHORIZING ISSUANCE OF $240,000 CITY OF PEARLAND,
TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1976; AND CONTAIN-
ING OTHER PROVISIONS RELATING TO THE SUBJECT.
Voting "Aye" - Councilman Griffin, Councilman Farley, Councilman Reid, Councilman
Gray and Councilman Frank.
Voting "No" - None.
Motion passed 5 to 0.
A copy of Ordinance No. 332 is appended hereto and becomes a part of these minutes.
ORDINANCE NO. 333, AN ORDINANCE AUTHORIZING THE ISSUANCE OF $195,000 CERTIFICATES
OF OBLIGATION:
Ordinance No. 333 was read in full by Councilman Griffin. (Second and Final Reading)
It was moved by Councilman Griffin, seconded by Councilman Frank that Ordinance
No. 333 be passed and approved on second and final reading. Said Ordinance No.
333 reads in caption as follows:
E
ORDINANCE NO. 333
ORDINANCE AUTHORIZING ISSUANCE OF $195,000 CITY OF PEARLAND,
TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1976-A; RATIFYING
CONTRACT OR CONTRACTS; AND CONTAINING OTHER PROVISIONS RE-
LATING TO THE SUBJECT.
Voting "Aye" - Councilman Frank, Councilman Gray, Councilman Reid, Councilman
Farley, and Councilman Griffin.
Voting "No" - None
Motion passed 5 to 0.
A copy of Ordinance No. 333 is appended hereto and becomes a part of these minutes.
CHANGE IN ORDER OF BUSINESS:
NEW BUSINESS:
APPLICATION NO. 30, BERRY MILLER, SR., ET AL REQUEST FOR CHANGE IN LAND USE FOR
19.888 ACRES, TRACT 15A, ABSTRACT 239, M-1 to M-2:
It was moved by Councilman Farley, seconded by Councilman Reid that a Public
Hearing be called for Application No. 30 before the Planning and Zoning Commission
for August 17, 1976, at 7:30 P.M. in the City Hall. Motion passed 5 to 0.
MINUTE ORDER TO IDENTIFY PROJECTS TO BE FUNDED BY ORDINANCE NO. 332 AND ORDINANCE
NO. 333, CERTIFICATES OF OBLIGATION:
It was moved by Councilman Griffin, seconded by Councilman Reid that the previously
authorized Certificates of Obligation issued in the maximum authorized amount of
$435,000 be allocated to the following listed projects:
PROJECT
ESTIMATED COST
PERCENT OF TOTAL
Park Road
$ 50,000
11.50
Knapp Road East
40,000
9.2%
Knapp Road West
.20,000
4.6%
Dixie Farm Road
165,000
37.9%
Land for Expansion
70,000
10.3%
Walnut Street
45,000
16.2%
Mykawa Road right of way
45.000
10.3%
$435,000
Amounts and percentages are approximate estimates only. Actual amounts will
vary somewhat depending on bid costs for material and final costs for rights of
way and land. Motion passed 5 to 0.
RESOLUTION NO. 76-16, AUTHORIZING POLICE OFFICERS TO PROVIDE ASSISTANCE TO OTHER
GOVERNMENTAL ENTITIES:
Resolution No. 76-16 was read in full by Councilman Farley.
It was moved by Councilman Farley, seconded by Councilman Griffin that Resolution
No. 76-16 be passed and approved as amended. Said Resolution No. 76-16 reads in
caption as follows:
i
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RESOLUTION NO. 76-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AUTHORIZING THE REGULARLY EMPLOYED POLICE OFFICERS OF THE CITY
TO PROVIDE ASSISTANCE TO ANY OTHER MUNICIPALITY OR COUNTY RE-
QUESTING SUCH ASSISTANCE, AND AUTHORIZING THE CITY TO JOIN A
MUTUAL AID LAW ENFORCEMENT TASK FORCE WITH NEIGHBORING CITIES.
Voting "Aye" - Councilman Frank, Councilman Gray, Councilman Reid, Councilman
Griffin, and Councilman Farley.
Voting "No" - None
Motion passed 5 to 0.
The following is the amended section of the Resolution:
"That the Mayor of the City of Pearland, Texas, be authorized to enter into an
agreement with neighboring municipalities, to -wit: League City, Friendswood,
Seabrook, Alvin, Webster and any other law enforcement agency in the area,....
UNFINISHED BUSINESS: (Continued)
CHANGE IN LAND USE - APPLICATION NO. 28 AND 28A, GEORGE L. GETZ, ET UX AND
BRUNETTE C. COPPINGER:
Mayor McComb read a letter dated July 23, 1976 from Dennis Frauenberber, Chairman
of the Planning and Zoning Commission stating that the Planning and Zoning
Commission recommends to the City Council that the request for amendment of
Application No. 28, from MF to C, by George L. Getz, et ux not be approved.
It was moved by Councilman Frank, seconded by Councilman Farley that the re-
commendation in the letter dated July 23, 1976 from the Planning and Zoning
Commission on Application No. 28 be received into the records of the City.
Motion passed 4 to 0. Councilman Reid not present in the room at this time.
Mayor McComb read a letter dated July 23, 1976 from Dennis Frauenberger, Chairman
of the Planning and Zoning Commission stating that the Planning and Zoning
Commission recommends to the City Council that the request for amendment of
Application No. 28A, from MF to C by Brunette C. Coppinger not be approved.
It was moved by Councilman Gray, seconded by Councilman Reid that the letter dated
July 23, 1976 from the Planning and Zoning Commission on Application No. 28 be
received into the records of the City. Motion passed 5 to 0.
It was moved by Councilman Gray, seconded by Councilman Griffin that Public
Hearings before the City Council be called on Application Nos. 28 and 28A under
Docketed Public Hearings of the regular council agenda on August 23, 1976 at
7:30 P.M. Motion passed 5 to 0.
CHANGE IN LAND USE - APPLICATION NO. 29, HAROLD RUSSELL:
Mayor McComb read a letter dated July 23, 1976 from Dennis Frauenberger, Chairman
of the Planning and Zoning Commission recommending that the requested change from
PU to R-2 of Application No. 29 be approved.
201,
It was moved by Councilman Farley, seconded by Councilman Gray that the re-
commendation of the Planning and Zoning Commission on Application No. 29 be
accepted into the records of the City. Motion passed 5 to 0.
It was moved by Councilman Reid, seconded by Councilman Frank that a Public
Hearing before the City Council be called on Application No. 29 under Docketed
Public Hearings of the regular council agenda on August 23, 1976 at 7:30 P.M.
Motion passed 5 to 0.
SPECIFIC USE PERMIT - JAMES E. DAVIS:
Mayor McComb read a letter dated July 22, 1976 from Dennis M. Frauenberger,
Chairman of the Planning and Zoning Commission recommending that the request
of James E. Davis, Sr., 4507 Cherry Street be granted a Specific Use Permit for
the addition of five storage units to his present location.
It was moved by Councilman Reid, seconded by Councilman Farley that the re-
commendation of the Planning and Zoning Commission regarding the request of
James E. Davis, Sr., for a Specific Use Permit be received into the records of
the City. Motion passed 5 to 0.
It was moved by Councilman Farley, seconded by Councilman Reid that a Specific
Use Permit be granted to James E. Davis, Sr. for the addition of five storage
units to his present location at 4507 Cherry Street. Motion passed 5 to 0.
ORDINANCE NO. 327, AN ORDINANCE CLOSING THE HEARING ON SPECIAL ASSESSMENTS
AGAINST THE OWNERS OF CERTAIN REAL PROPERTY ABUTTING WILLITS DRIVE, CREEKRIDGE
DRIVE, MC GINNIS DRIVE AND TAYLOR LANE:
Ordinance No. 327 was read by Councilman Griffin, Councilman Farley, and
Councilman Reid. (Second and Final reading)
It was moved by Councilman Griffin, seconded by Councilman Farley that Ordinance
No. 327 be passed and approved on second and final reading. Said Ordinance No.
327 reads in caption as follows:
ORDINANCE NO. 327
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, CLOSING THE
HEARING ON SPECIAL ASSESSMENT AGAINST THE OWNERS OF CERTAIN
REAL PROPERTY ABUTTING CERTIAN PORTIONS OF WILLITS DRIVE,
CREEKRIDGE DRIVE, MC GINNIS DRIVE, AND TAYLOR LANE WITHIN
THE CITY OF PEARLAND, TEXAS; FINDING AND DETERMINING THE
SPECIAL BENEFITS TO EACH PARCEL OF ABUTTING PROPERTY AND
THE ENHANCEMENT 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 DECLARING AN EFFECTIVE
DATE.
Voting "Aye" - Councilman Frank, Councilman Gray, Councilman Reid, Councilman
Griffin, and Councilman Farley.
Voting "No" - None
Motion passed 5 to 0.
ORDINANCE NO. 328, AN ORDINANCE ACCEPTING STREET IMPROVEMENTS ON WILLITS DRIVE,
CREEKRIDGE DRIVE, MC GINNIS DRIVE AND TAYLOR LANE:
Ordinance No. 328 was read in full by Mayor McComb. (Second Reading)
It was moved by Councilman Farley, seconded by Councilman Griffin that Ordinance
No. 328 be passed and approved on second and final reading. Said Ordinance No.
328 reads in caption as follows:
ORDINANCE NO. 328
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ACCEPTING
STREET IMPROVEMENTS ON WILLITS DRIVE, CREEKRIDGE DRIVE,
MC GINNIS DRIVE, AND TAYLOR LANE.
Voting "Aye" - Councilman Griffin, Councilman Farley, Councilman Reid, Councilman
Gray , and Councilman Frank.
Voting "No" - None
Motion passed 5 to 0.
NEW BUSINESS: (CONTINUED)
ORDINANCE NO. 224-1, AN ORDINANCE AMENDING CHAPTER 7, SECTION 7-13, ARTICLE II
OF THE BUILDING CODE:
Ordinance No. 224-1 was read in full by Councilman Frank. (First Reading)
It was moved by Councilman Frank, seconded by Councilman Reid that Ordinance No.
224-1 be passed and approved on first reading. Said Ordinance No. 224-1 reads
in caption as follows:
ORDINANCE NO. 224-1
AN ORDINANCE AMENDING CHAPTER 7, SECTION 7-13, ARTICLE II
BUILDING CODE OF THE CODE OF ORDINANCES, CITY OF PEARLAND,
TEXAS, BY ADDING AND DELETING SPECIFIC PROVISIONS CONTAINED
THEREIN, AND PROVIDING AN EFFECTIVE DATE.
Voting "Aye" - Councilman Griffin, Councilman Farley, Councilman Gray, Councilman
Reid, and Councilman Frank.
Voting "No" - None
Motion passed 5 to 0.
ORDINANCE NO. 246-19, AMENDING ORDINANCE NO. 246, LAND USE AND URBAN DEVELOPMENT
ORDINANCE - APPLICATION NO. 25, WOODROW LESIKAR, ET AL:
Ordinance No. 246-19 was read in full by Councilman Frank. (First Reading)
It was moved by Councilman Frank, seconded by Councilman Gray that Ordinance
No. 246-19 be passed and approved on first reading. Said Ordinance No. 246-19
reads in caption as follows:
ORDINANCE NO. 246-19
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 Griffin, Councilman Farley, Councilman Reid,
Councilman Gray, and Councilman Frank.
Voting "No" - None
Motion passed 5 to 0.
ORDINANCE NO. 246-20, AMENDING ORDINANCE NO. 246, LAND USE AND URBAN DEVELOPMENT
ORDINANCE - APPLICATION NO. 27, BERNICE E. WALLACE:
Ordinance No. 246-20 was read in full by Councilman Gray. (First Reading)
It was moved by Councilman Gray, seconded by Councilman Reid that Ordinance
No. 246-20 not be approved on first reading.
Voting "Aye" - Councilman Gray and Councilman Reid.
Voting "No" - Councilman Griffin, Councilman Farley, and Councilman Frank.
Motion failed 3 to 2.
It was moved by Councilman Farley, seconded by Councilman Frank that Ordinance
No. 246-20 be passed and approved on first reading. Said Ordinance No. 246-20
reads in caption as follows:
ORDINANCE NO. 246-20
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 Griffin, Councilman Farley, Councilman Reid, and
Councilman Frank.
Voting "No" - Councilman Gray.
Motion passed 4 to 1.
OTHER BUSINESS: None
ADJOURN: Meeting adjourned at 9:41 P. M.
Minutes approved as submitted and/or corrected this 9th day of
August , A. D., 1976.
C�: 4, J
ATTEST:
Mayor pro Tem
City Secreta