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1976-10-26 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 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 Councilman Councilman Councilman Councilman City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: Tom Reid Cecil Wi Griffin Harry Farley Terry Gray Benny Frank William E. Wolff Bobby J. Williams Dorothy L. Cook The invocation was given by Councilman Reid. The Pledge of Allegiance was led by Councilman Farley. BID NO. 76-11, POLICE CARS: Bids Opened As Follows: VENDOR MAKE PRICE MISC. INFORMATION Gulf Coast Dodge, Inc. 1977 Dodge Monaco $5,573.57 @ Trade ins $2,400.00 (5 units) $27,867.85 Charlie Thomas Ford 1977 Ford LTD $5,862.41 @ Trade ins $1,925.00 (5 units) $29,312.05 It was moved by Councilman Reid, seconded by Councilman Farley that the bids be received into the records and referred to the City Manager and Chief of Police for tabulation and recommendation. Motion passed 5 to 0. APPROVAL OF MINUTES: It was moved by Councilman Farley, seconded by Councilman Gray that the minutes of the regular meeting held on October 11, 1976 be approved as submitted. Motion passed 5 to 0. .-. It was moved by Councilman Frank, seconded by Councilman Gray that the minutes of the special. meeting held on October 18, 1976 be approved as submitted. Motion Passed 4 to 0. Councilman Reid abstained. MAYOR'S ACTIVITY REPORT: The following Proclamations were issued by Mayor McComb: Greet & Treat Day - October 31, 1976 UNICEF Day - October 31, 1976 Junior -Senior OEA Students to collect for UNICEF from 2:30 P.M. to 5:00 P.M. COUNCIL ACTIVITY REPORTS: Councilman Reid announced that two Pearland residents have been appointed to the Houston -Galveston Area Council's Criminal Justice Advisory Committee. Chief of Police Glenn Stanford, who represents the law enforcement area, and Mrs. F. Mack Bost, who represents the citizens participation in this program. Councilman Griffin reported that our attorney who handled the obtaining of a permit for operating a sanitary landfill advised that this permit is now valid. Councilman Griffin stated that Bernard Johnson, Engineers on this project, should be instructed to proceed with the necessary engineering work that will be needed to establish the operational methods for this particular landfill. The north -south runway of the Pearland Airport located south of Walnut Street was discussed. Warning lights for installation on Walnut have been purchased but have not been installed. The City Attorney was asked to give the City Council an opinion as to the position the City could take regarding the use of the north - south runway, and what posture the City can assume in avoiding unfortunate in- stances with the runway traffic and the street auto traffic. Councilman Reid requested that the City Manager bring to the City Council the City's position on ingress and egress of public buildings, shopping centers, and buildings of this type as it pertains to our roadways, particularly our main thoroughfares. CITIZENS: Mr. Gustafson, of the Gustafson Group, appeared before the City Council and discussed the acquisition of right-of-way for the proposed extension of Dixie Farm Road and the Council intention regarding landowner's assessment for construction. Mrs. Frances Jamison appeared before the City Council and stated her opposition to the proposed sale by the City of Pearland of land located on Highway 518. Mr. George Young appeared before the City Council and advised that he would be willing to be chairman of a local civic drive to obtain funds for restoring the depot building. Mayor McComb advised that he would place an item on the next agenda for possible action on the funding of restoration of the depot building. Mr. Young was advised to meet with the Improvement and Beautification Board and discuss his offer with the members since they will be deciding whether or not they wish to continue the depot building as a project. UNFINISHED BUSINESS: FINAL APPROVAL OF SECTION OF SLEEPY HOLLOW DEVELOPED BY NIMMONS-YOUNG: Councilman Frank reported that Malcolm Collins, City Engineer had verbally approved the acceptance of this subdivision. The drainage problem will be taken care of by the Drainage District. The sewer pressure test could not be measured accurately since the house connections were already installed in the lines. It was brought out in the discussion of the acceptance of the streets that the streets would not pass under the Class A type concrete streets as outlined in the Subdivision Ordinance, however, since this was a portion of an original plat filed in 1964 and approved with Class B, Flexible Base Pavement (asphalt paving) the developer had been permitted to use concrete strip paving. It was brought out in the discussion that while concrete strip paving is better than asphalt, the streets are not as good as the concrete streets required under the Subdivision Ordinance, therefore, should the streets fail after the maintenance bond has lapsed, the City should not be required to go in and replace the inadequate concrete streets with Class A type streets. It was moved by Councilman Reid, seconded by Councilman Frank that the City accept the portion of Sleepy Hollow Subdivision developed by Nimmons -Young (25 acres, being Blocks 1,2,4 and Lots 1,2,3,4,5,6,11,12,13,and 14 of Block 3) upon the recommendation of the City Engineer. Motion passed 5 to 0. NEW BUSINESS: LIONS CLUB TURKEY SHOOT: Mayor McComb read a letter from the Pearland Lions Club requesting permission to hold a Turkey shoot on November 6th and 7th. It was moved by Councilman Griffin, seconded by Councilman Reid that the Pearland Lions Club be granted a special permit for a turkey shoot on November 6th and 7th, or any alternate rain out date, subject to liability insurance furnished to the City and coordination of the traffic flow with the Chief of Police. Motion passed 5 to 0. RESOLUTION NO. 76-21, RESOLUTION AUTHORIZING SALE OF LAND ADJACENT TO CITY HALL: Resolution No. 76-21 was read in full by Councilman Griffin. It was moved by Councilman Griffin, seconded by Councilman Frank that Resolution No. 76-21 be passed and approved on first and final reading. Said Resolution No. 76-21 reads in caption as follows: 240 RESOLUTION NO. 76-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE SALE, TO THE GENERAL PUBLIC, OF CERTAIN PUBLIC REAL PROPERTY; DIRECTING PUBLICATION OF NOTICE OF INTENDED SALE; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. It was moved by Councilman Farley, seconded by Councilman Reid that this motion be tabled and that the City Manager be authorized to obtain an appraisal on the property. Motion passed 5 to 0. RESOLUTION NO. 76-22, RESOLUTION AUTHORIZING ISSUANCE OF $15,000 IN STREET IMPROVEMENT TIME WARRANTS TO BROWN & ROOT, INC.: Resolution No. 76-22 was read in full by Councilman Farley. It was moved by Councilman Farley, seconded by Councilman Gray that Resolution No. 76-22 be passed and approved on first and final reading. Said Resolution No. 76-22 reads in caption as follows: RESOLUTION NO. 76-22 A RESOLUTION APPROVING CLAIMS FOR CONSTRUCTING PERMANENT PUBLIC IMPROVEMENTS FOR THE CITY OF PEARLAND, TEXAS, TO -WIT: THE CON- STRUCTING OF PERMANENT STREET IMPROVEMENTS WITHIN CERTAIN AREAS OF THE CITY IN WHICH PROPERTY OWNERS ON ANY STREET HAVE AGREED TO PARTICIPATE WITH THE CITY IN THE COST OF SAID IMPROVEMENTS AS EXPRESSED IN THE CITY OF PEARLAND'S STREET PARTICIPATION PAVING POLICY RESOLUTION NO. 71-26, AND AMENDED UNDER RESOLUTION NUMBER 73-5; APPROVING CLAIMS FOR MATERIALS IN CONNECTION THEREWITH; AUTHORIZING THE DELIVERY OF TIME WARRANTS FOR THE PAYMENT OF SUCH CLAIMS; CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT AND PROVIDING THAT THIS RESOLUTION SHALL BE EFFECTIVE UPON AND AFTER ITS ADOPTION. Voting "Aye" - Councilman Frank, Councilman Gray, Councilman Reid, Councilman Farley, and Councilman Griffin. Voting "No" - None Motion passed 5 to 0. MEETING RECESSED 9:04 P.M. - RECONVENED AT 9:15 P.M. RESOLUTION NO. 76-24, RESOLUTION AUTHORIZING MAYOR TO EXECUTE PEARLAND-FRIENDSWOOD RECIPROCAL AGREEMENT: Resolution No. 76-24 was read in full by Councilman Gray. It was moved by Councilman Griffin, seconded by Councilman Frank that Resolution No. 76-24 be passed and approved on first and final reading. Said Resolution No. 76-24 reads in caption as follows: RESOLUTION NO. 76-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT AND AGREEMENT BY AND BETWEEN THE CITY OF PEARLAND AND THE CITY OF FRIENDSWOOD. 41 Vo -ting "Aye" - Councilman Griffin, Councilman Farley, Councilman Reid, and Councilman Frank. Voting "No" - Councilman Gray. Motion passed 4 to 1. AWARD OF POLICE CARS: City Manager Wolff advised that he and Chief Stanford had reviewed the bid and recommended that Gulf Coast Dodge, Inc. be awarded the bid as the lowest and best bidder, however, the bid was higher than the amount budgeted for the cars by $3,500.00. It was moved by Councilman Farley, seconded by Councilman Reid that Bid No. 76-11 be awarded to Gulf Coast Dodge for 5 police cars in the amount of $25,467.85 and that the budget be amended accordingly. Motion passed 5 to 0. ORDINANCE NO. 339, AN ORDINANCE DIRECTING THE MAKING OF OFFER FOR RIGHT OF WAY PURPOSES AND ORDERING INSTITUTION OF CONDEMNATION PROCEEDINGS FOR EXTENSION OF DIXIE FARM ROAD: Ordinance No. 339 was read in full by Councilman Reid. (First Reading) It was moved by Councilman Griffin, seconded by Councilman Farley that Ordinance No. 339 be passed and approved on first reading as corrected. Said Ordinance No. M„ 339 reads in caption as follows: ORDINANCE NO. 339 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, DIRECTING THE MAKING OF A FINAL OFFER FOR ROAD RIGHT-OF-WAY PURPOSES AND ORDERING INSTITUTION OF CONDEMNATION PRO- CEEDINGS. Voting "Aye" - Councilman Griffin, Councilman Farley, Councilman Reid, Councilman Gray and Councilman Frank. Voting "No" - None Motion passed 5 to 0. REDUCTION IN LOT SIZE - LOT 30, BLOCK 15, WOODCREEK 2A: Mr. Calloway of Calloway Homes appeared before the City Council with a request that Lot 30, Block 15, Woodcreek 2A be reduced from 70 feet to 69 feet with the one foot being added to Lot 31. This request was made so that the house being built on Lot 31 could be placed three feet off the Houston Lighting & Power Easement in order to comply with FHA requirements. Mr. Calloway advised that he had previously been working from an incorrect copy of the plat which did not show this,easement, however, he now has a copy of the correct filed plat. It was moved by Councilman Griffin, seconded by Councilman Gray that the one foot reduction in Lot 30, Block 15, Woodcreek 2A be approved. Motion passed 5 to 0. 242 ORDINANCE NO. 246-24, AN ORDINANCE AMENDING ORDINANCE NO. 246, LAND USE AND URBAN DEVELOPMENT ORDINANCE, APPLICATION NO. 30, BERRY MILLER, SR. ET AL - 30.283 ACRES IN ABSTRACT 239. (M-1 to M-2): Ordinance No. 246-24 was read in full by Councilman Griffin. (First Reading) It was moved by Councilman Griffin, seconded by Councilman Farley that Ordinance No. 246-24 be passed and approved on first reading. Said Ordinance No. 246-24 reads in caption as follows: ORDINANCE NO. 246-24 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 Gray, Councilman Reid, Councilman Griffin and Councilman Farley. Voting "No" - None Motion passed 5 to 0. OTHER BUSINESS: EXECUTIVE SESSION 9:50 P.M. Mayor McComb announced that a Workshop will be held between the City Council and the Trustees of the Pearland Independent School District on November 3, 1976 for the purpose of discussing mutual problems. ADJOURN: Meeting adjourned at 10:56 P.M. Minutes approved as submitted and/or corrected this the day of A. D., 1976. i J L. Mayor ATTES City Secretary