1974-01-14 CITY COUNCIL REGULAR MEETING MINUTESK
MINUTES OF A REGULAR MEETING OF THE CITY C=CIL CE T.HF _d.Tm�.,v ._ F PEARLAN
n D . TEXAS . uT•?r n on
JANUARY 14, 1974, AT 7:30 P M. IN THE CITY HALL, 2335 N.
TEXAS AVF.NTTF
r
The meeting was called to order with the following present:
Mayor
Carlton McComb
Councilman
Cecil W. Griffin
Councilman
Harry Farley
Councilman
Gene E. Sanders
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, Council Chaplain, The Pledge of
Allegiance was led by Councilman Frank.
APPROVAL OF MINUTES:
It was moved by Councilman. Sanders, seconded by Councilman Griffin that the minutes -
of the regular meeting held on December 17, 1973 be approved as corrected, Motion
passed 4 to 0. Councilman Frank abstained due to absence from this meeting.
It was moved by Councilman Reid, seconded by Councilman Frank that the minutes of
a special meeting held on January 2, 1974, be approved as submitted. Motion passed
5 to 0.
The special meeting of January 2, 1974 replaced the meeting called for December
21, 1973. A quorum was not present on December 21, 1973 and Mayor McComb recalled the
meeting for January 2, 1974.
MAYOR'S ACTIVITY REPORT:
United Gas.Company: Mayor McComb read a letter from the United Gas Company regarding
a (3/40 per day average increase in rates for residential customers. This increase
was brought about by the gate rate increase for natural gas and may be passed on to the
consumer without approval by the City Council. Rate Schedule R-142-3 filed with
the City by United Gas Company.
Knapp Road Crossing: Mayor McComb read a letter from George Carter, Mayor of
Brookside dated January 4, 1974 regarding the railroad crossing on Knapp Road and
Mykawa. A recent accident at this crossing resulted in three fatalities.
Mayor McComb appointed a Committee consisting of Councilman Cecil Griffin, City Attorney
Bobby Williams, City Manager Wolff and himself to work with the City of Brookside
in resolving our common problems on this hatter' and other problems__ we have as joint
cities. Mayor McComb stated that he would answer Mayor Carterks letter and advise
him, --,of the appointments and as soon as Mayor Carter appoints his Committee we will
begin working on all of the problems.
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COUNCIL ACTIVITY REPORTS:
Flood Control - Clear Creek: Councilman Farley reported that he attended the Public
Meeting held by the Corps of Engineers on January 12, 1974. At this meeting the
Corps of Engineers presented what they thought was the only solution to flooding on
Clear Creek and it agreed basically with our statement of position. They say the
only flood control solution will be through some flood plain management, some by-pass
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channels, and channel rectification. The sponsors for this project, : Galveston
County, Harris County Flood Control District and Brazoria County Drainage District
No. 4 made statements in favor of the project and urged the swift completion of this
project. The cities of Pearland, Friendswood and the Fort Bend County Drainage
District also made presentations basically supporting the project with additional
requests to hurry. The cities of Nassau Bay and Seabrook gave statements opposing this
project stating that they felt the increasedrun--off from the Clear Creek watershed
would increase the depth of Clear Lake in the times of potential flooding thus
increasing the hazard to them. This will now go back to the Corps of Engineers for
their submission of a final plan based on this meeting. Councilman Farley stated
that he felt that the majority of people and the Corps of Engineers would be in keeping
with our stand on the project.,, however, if there is any way we can promote the urgency,
of the project, not only from the potential hazard of flooding, but also so right of
way may be purchased while the area in Harris County is still undeveloped, this would
be a big help in completing this project.
Mayor McComb stated that he discussed this matter with Congressman Casey and requested
all the aid we could get for this project. Congressman Casey, advised that in the
latter part of February he would try to get Senator Benson, Senator Tower„ Congressman
Brooks, and himself together with the head of the Corps of Engineers in Washington, for
a discussion of this matter. All Mayors from cities along Clear Creek would be invited
to go to Washington and meet with this group.
Brazoria County Solid Waste Disposal Study: Councilman Griffin reported that the
Commissioner's Court has authorized the County Judge to execute the contract with
Benard Johnson so that this project can go forward.,`
Parks: Councilman Frank reported that he met with representatives of each grade of
the Pearland Independent School District to hear from them what they would like in
the way of parks and equipment. The students are to make their comments in writing and
turn them in to Mr. Carleston by the middle of February.
CHANGE IN ORDER OF BUSINESS:
NEW BUSINESS:
RESOLUTION NO. 74-1, A RESOLUTION OF APPRECIATION - M. L, "JOE"'SINGLETON:
Resolution No. 74-1 was read in full by Mayor McComb.
It was moved by Councilman Griffin, seconded by Councilman Sanders that Resolution No,
74-1 be passed and approved on first and final reading. This Resolution recognized
the service and contribution of M. L. "Joe" Singleton as Chef of Police and Acting
Traffic Engineer for the City.
Voting "aye" - Councilman Frank, Councilman Reid, Councilman Griffin, Councilman Sanders
and Councilman Farley.
R
V Meeting Recessed at 8:00 P. M. - u-. onv.n cILt 8:15 P. M.
RESOLUTION NO. 74-2, A RESOLUTION DESIGNATING REPRESENTATIVES AND ALTERNATES TO THE HGAC
EXECUTIVE COMMITTEE:
Resolution No. 74-2 read in full by Mayor McComb.
It was moved by Councilman Griffin, seconded by Councilman Reid that Resolution No. 74-2
be passed and approved on first reading. Resolution No. 74-2 reads in caption as
follows:
RESOLUTION NO. 74-2
DESIGNATION OF JOINT REPRESENTATIVES HOUSTON-
GALVESTON AREA COUNCIL EXECUTIVE COMMITTEE
Councilman James Cook of Deer Park, Texas - representative
Councilman Asa Yeamans of Alvin, Texas -- representative
Mayor Alvin Baggett of Galena Park, Texas n alternate
Mayor B. S. Babovec of Rosenberg, Texas - alternate
Voting Faye* - Councilman Farley, Councilman Sanders, Councilman Griffin, Councilman
Reid, and Councilman Frank.
Voting "no" - None
Motion passed 5 to 0.
AGREEMENT WITH BRAZORIA COUNTY ROAD DITRICT ON FUNDS ALLOCATED TO'THE CITY'OF `PRg ND;
Mayor Mc Comb read a letter from Wm. H. Hershey, County Engineer, dated November 8,
1973, regarding the City's wishes on use of the $8,000.00 allocation of County funds.
It was moved by Councilman Griffin, seconded by Councilman Frank that the $8,000.00
allocation from Brazoria County be expended as follows: Beginning at Highway 518
ang Dixie KarjhRoad
(East Broadway)/'an going or on Dixie Farm Road as far as it will go. Motion
passed 5 to 0.
APPROVAL OF FINAL SHARE OF PARTICIPATION IN LAW ENFORCEMENT RADIO COMMUNICATION
SYSTEM - HOUSTON-GALVESTON AREA COUNCIL:
The statement of the remaining cash match due from the City of Pearland was brought
before the City Council for consideration.
It was moved by Councilman Sanders, seconded by Councilman Griffin that the City
Council authorize the expenditure of $2,223.00 balance due, equipment cash match,
plus $70.16 - administrative costs - Total $2,293.16 for final payment of Law
Enforcement Radio Communications System, HGAC Criminal Justice Planning Division.
Motion passed 5 to 0.
DATE OF PUBLIC HEARING BEFORE PLANNING &ZZONING COMMISSION - APPLICATION NO. 8:
Application No. 8 received by the City Council for change in zoning - Application No. 8
filed by Jacalyn Miller, et al for Classification change GB to M -F. Property located
as follows: 7,020 acres of land situated in Tracts C and D of a Subdivision of the
A. C. H. & B. Survey, Section 1, Abstract 147, said Subdivision being recorded in
Vol. 683, Page 208 of the Deed Records of Brazoria County, Texas.
It was moved by Councilman Griffin, seconded by Councilman Reid that a Public Hearing
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before the Planning and Zoning Commission be held on January 29, 1974 at 7:30 P. M.
Application No. 8 - Jacalyn Miller et al. Motion passed 5 to 0.
APPROVAL OF CHECK NO. 6546 - EMERGENCY REPAIRS MADE BY MAINLAND CONSTRUCTION COMPANY
ON SEWER LINE - SEWER PLANT NO. 2 - BARRY ROSE ROAD:
City Manager Wolff requested approval of Check No. 6546 in the amount of $4,708.46
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to cover cost of emergency repairs to sewer line. This is part of the money
budgeted for sewer line maintenance and no extra appropriation is necessary, however,
Mr. Wolff advised that since it is for an amount in excess of his authority he wished
Council's concurrance on the payment of this item.
It was moved by Councilman Farley, seconded by Councilman Griffin that Check No. 6546
issued on the Water & Sewer Fund be approved in the amount of $4,708.46 to cover
invoice from Mainland Construction Company for emergency repairs to sewer line at
Sewer Plant No. 2 -- Barry Rose Road. Motion passed 5 to 0.
UNFINISHED BUSINESS:
CHARTER REVIEW COMMISSION REPORT:
The following report was submitted by City Attorney Bobby Williams regarding the
Charter Review Commission's recommendations:
1. Paragraph TTA. Page 3. I concur with the Commission that the term "position's
should be used consistently in both Sections 3.01 and 5.05 of the Charter, Recommended
change should be placed on ballot.
2. Paragraph II B. Page 3. This recommendation would be repugnant to existing
statutory law. If a city has increased the terms of office to more than two years, any,
vacancy on the Council must be filled at a special election.....,,.......
3. Paragraph II C. Page 4. I concur with the Commissions recommendations, This
recommendation would be within the confines of article 2368a Sec. 2 and article 2368a
1 Sec. 6 V. A. C. S. article 2368a Sec. 2 creates a maximum expenditure of $3,00.0,0.0
before submittal to competitive bidding.
I would further recommend that Section 8.17 of the Charter be amended regarding
competitive bidding, whereby the city must submit to competitive bid all contracts
or purchases involving expenditures of Two Thousand Dollars instead of the present
One Thousand Dollar limit. Recommended change should be placed on ballot,
CITY ATTORNEYS COMMENTS AND RECOMMENDATIONS
1. Section 3.10 Procedure for Passing Ordinances, page 10 should be amended to
read as follows:
"Except as otherwise provided by this Charter, it shall be necessary to the validity
of any ordinance that it should be read and considered at two regular or two special
sessions of the city council."
2. Section 10.15 Charter Review Commission Subsection (a) C4) should be amended by
adding to Subsection (a) (4) the following wording: Any report of the Commission
should be delivered to the City Attorney at least thirty (3) days prior to its presentation
to the Council. Within such time, and no later than ten (10) days prior to its-
presentation
tspresentation to the Council, the City Attorney should advise the Commission in writing,
of any changes in proposed amendment which he deems necessary or desirable. A copy
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of the City Attorney's recommendation shall be attached to the report of the Commission
at the time of its presentation to the Council.
It was moved by Councilman Farley, seconded by Councilman Sanders that the report of
the City Attorney be accepted into the records of the City. Motion passed 5 to 0.
This report to be placed on the Agenda at the next regular meeting.
SECOND AND (FINAL) READING OF ORDINANCE NO. 267, AN ORDINANCE OF NECESSITY 'FOR
PARTICIPATION PAVING OF A PORTION OF CUNNINGHAM DRIVE, LETHBRIDGE DRIVE-AND•A•PORTION
OF MEADOWVILLE DRIVE:
Ordinance No, 267 read in full by Councilman Griffin.
It was moved by Councilman Griffin, seconded by Councilman Reid that Ordinance No, 267
be passed and approved on second and final reading. Said Ordinance No, 267 reads -i`n
caption as follows:
ORDINANCE NO. 267
AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERTN4
THE PAVING AND IMPROVEMENT OF A PORTION OF CUNNINGHAM
DRIVE, LETHBRIDGE DRIVE, AND A PORTION OF MEADOWVILLE
DRIVE; PEARLAND, TEXASs APPROVING PLANS" AND SPECIFICI=ONS
FOR SUCH WORK; AUTHORIZING THE CITE'' MANAGER TO ADVERTISE
FOR BIDS IF NECESSARY; DIRECTING THE PREPARATION OF ESTIMATES)
INVOKING AND ADOPTING THE PROVISIONS OF ARTICLE 1105b,
VERNON'S REVISED CIVIL STATUTES; PROVIDING THE MANNER IN WHICH'
AND BY WHOM THE COST OF SUCH IMPROVEMENTS SHALL BE PAID AND
PROVIDING FOR THE ASSESSMENT OF A PORTION OF SUCH COSTS"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 THE ORDINANCE TO
BE FILED IN THE DEED OF TRUST RECORDS OF BRAZORIA COUNTYP
TEXAS, ENACTING PROVISIONS INCIDENT AND RELATING TO THE ZUBJECTI
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.
The following cost estimates entered into the records of the City;
CUNNINGHAM DRIVE
Total footage to be paved 657.41' Total Material $2,78466
Total cost per foot $6.86 Total Equipment
& Manpower —1y 'G58, 50
Total Construction Cost ..........................$ 4,443.16
LETHBRIDGE DRIVE AND A PORTION OF MEADOWVILLE`DRIVE
Total footage to be paved 1,319' Total Material $ 60012,9:(3'
Total cost per foot $6.95 Total Equipment ..• --.. ,. ....
& Manpower3a162,00
$ 9,174.90
Prepared and certified by William C. Walsh, P. E.
SECOND AND FINAL READING OF ORDINANCE NO. 246--5, 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. APPLICATION NO. 7 - J. J. CRAWFORD, ET UX.
Ordinance No. 246-5 read in full by Councilman Frank.
It was moved by Councilman Frank, seconded by Councilman Farley that Ordinance No. 246-5
be passed and approved on second and final reading. Said Ordinance No. 246-5 reads +
in caption as follows:
ORDINANCE NO. 246--5
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 PROVISIONS
RELATING TO THE SUBJECT.
(A 17,452 sq. ft. parcel of land situated in an original
10 acre tract as recorded in Volume 410, Page 536 of
the Deed Records of Brazoria County, Texas, Section 4,
H. T. & B. RR Company Survey, Abstract 543, Pearland,
Texas. Changed from Medium Density Single Family District
to General Business District.)
Voting "aye" - Councilman Farley, Councilman Griffin, Councilman Reid, and Councilman
Frank.
Voting "no" r- Councilman Sanders.
Motion passed 4 to 1.
OTHER BUSINESS: None
F • Z .
Meeting adjourned 9:05 P. M.
Minutes approved as submitted and/or corrected this , ?y day of
A. D. 1974.
Mayor
Attest:
City Secretary