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1974-03-25 CITY COUNCIL REGULAR MEETING MINUTESKA MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MARCH 25, 1974, 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 E. Farley Councilman Gene E. Sanders Councilman Benny J. Frank City Secretakry Dorothy- L, CQQk City Manager William E. Wolff City Attorney Bobby J. Williams Absent from the meeting: Councilman Thomas J. Reid. 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 Griffin, seconded by Councilman Sanders that the minutes of the regular meeting held on March 11, 1974, be approved as submitted, Motion passed 4to0. It was moved by Councilman Frank, seconded by Councilman Farley that the minutes of a Public Hearing held on March 13, 1974, be approved as submitted, Motion passed 3 to 0, Councilman Sanders abstained due to absence from the heating, MAYOR'S ACTIVITY REPORT: Oath of Office - Park Board Members: The Mayor administered the Oath of Office to the following members of the Park Board: Fred Davis, James Skipper, Helen Beckman, and Larry Juull. Proclamation: Texas Industrial Week in Pearland - April 1, 1974 through April 6, 19740 Mayor McComb, at the request of the sponsoring agency (Chamber of Commerce) presented 1st Place Award trophy to David Hall along with a check from the Chamber of Commerce in the amount of $15.00. 2nd runner-up award was presented to Laurie Arnold along with a check from the Chamber of Commerce in the amount of $10.00. These awards were given for posters on industry. Proclamation: Future Homemaker's of America Week in Pearland - March 31, 1974 through April 6, 1974. COUNCIL ACTIVITY REPORTS: Councilman Frank reported on the proposed site for motorbike track. This would be the 12 acre site owned by the City and located in the County. The area is fenced on three sides and it will take approximately 800 feet of fencing to completely fence the area. Commissioner Griffin of the Drainage District advised that he would do the earth work for the track if the City would give him -'a letter of authority to do so, M Darrell Hurst, area Yamaha dealer has volunteered to design the type of track needed. The cost to the City for insurance would be approximately $50.00 per year. This proposed track is to be placed on the agenda of the next regular meeting. The Mayor advised that the Council would need a recommendation from the Park Board, a copy of the design by Darrell Hurst and approved by the Park Board, budgetary realignment, if necessary, and Resolution designating the area as a temporary park site. Councilman Frank also reported .that the addition to the police station was 95% to 98% completed. Houston Natural Gas Corporation's request for rate increase: Councilman Griffin reported that he and Councilman Farley would likely get together with Mr. Bell of the Houston Natural Gas Corporation sometime this week. this past week. Mr. Bell was unable to meet with thein Right -of- Way: Councilman Sanders submitted a letter to the City Council regarding building lines for various streets in the City of Pearland. His recommendations are based on existing streets, however, any ordinance prepared should make ample provisions for their, application to extensions of these streets and for the addition of other streets whether presently existing or not. Councilman Sanders asked that the Council, City Manager, City Engineer and possibly the Planning Commission review his recommendations before they are submitted to the City Attorney for the drafting of an ordinance implementing them. DEPARTMENTAL REPORTS: CITIZENS: K. Ray Campbell, representing G. M. Rowe, Jr. wished to obtain a permit to drill a well for the production of oil and/or gas in the City of Pearland, D. H. M. Hunter Survey, Abstract 76 on land owned by the C. H. Alexander Estate. A discussion was held with Mr. Campbell regarding the exact site of the well and the aftect the Land Use Ordinance might have on the granting of this permit. City Attorney Bobby Williams advised the Council that his interpretation of the Land Use Ordinance permitted the actual drilling under the PU classification, however, in the event the well was.- productive, as productive, then the classification would need to be changed. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: APPLICATION OF G. M. ROWE, JR. TO DRILL WELL FOR PRODUCTION OF"OIL-AND;OR'GAS1 r-- It was moved by Councilman Griffin, seconded by Councilman Sanders that a permit be granted to G. M. Rowe, Jr. for the purpose of drilling oil and/or gas well at the site as specified in plat as attached to his application for permit and according to the terms as specified in the letter from Applicant's Counsel dated March 21, 1974. Also, that before any production is taken from this well the site must be reclassified as per the requirements of the Land Use and Urban Development Ordinance. Motion passed 4 to 0, M SECOND AND (FINAL) READING OF ORDINANCE NO. 270, CHANGE IN LAND USE ORDINANCE: Mayor McComb read into the records a letter from City Manager Wolff dated March 20, 1974, addressed to the owners of the property wherein he advised that the F. A. A. recommended that buildings should not be built within seventy-five feet of Galveston Avenue and that buildings on the northerly portion of the tract be limited to fifty feet, and buildings on the southerly portion of the tract be limited to thirty-five feet in height. The letter was acknowledged by O'acalyn Miller, Aileen Miller Evans, and Dorothy Miller Cortemeglia, present owners of the property. Mr. Wolff advised that the prospective buyer of the property was advised of this requirement. Ordinance No. 270 read in full by Councilman Griffin. It was moved by Councilman Sanders, seconded by Councilman Griffin that Ordinance No, 270 be passed on second and final reading with due notebeing taken that the proviso attached to the motion for passage on first reading has been fulfilled by the countersigning by the applicants of City Manager Wolff°s letter to them under date of March 20, 1974,which was read into the records in this meeting. Said Ordinance No. 270 reads in caption as follows: ORDINANCE NO. 270 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, TEXASF PROVIDING FOR THE AMENDMENT OF THE LAND USE DISTRICT MAP, PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. (7.020 acres of land situated in Tracts C and D of a subdivision of the A. C. H. & B. Survey 1, Abstract 147f said subdivision being recorded in Vol, 683, Page 208 of the Deed Records of Brazoria County, Texas), Voting "aye" - Councilman Farley, Councilman Sanders, Councilman Griffin, and Councilman Frank. Voting "no" - None Motion passed 4 to 0. SECOND AND (FINAL) READING OF ORDINANCE NO. 271, AN ORDINANCE DECLARING THE NECESSITY AND ORDERING THE PAVING AND IMPROVEMENT OF GLASTONBURY DRIVE: Ordinance No. 271 read in full by Councilman Farley, Councilman Sanders, and Councilman Frank. It was moved by Councilman Griffin, seconded by Councilman Farley that Ordinance No. 271 be passed and approved on second and final reading. Said Ordinance No. 271 reads in caption as follows: ORDINANCE NO. 271 AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDEUNG THE WAVING AND IMPROVEMENT OF GLASTONBURY DRI'V'E{ PF.ARLANDr TEXAS; APPROVING PLANS AND SPECIFICATIONS FOR SUCH WORK; AUTHORIZING THE CITY MANAGER TO ADVERTI'S'E FOR BIDS' M 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 COUNTY, TEXAS, ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT; PROVIDING A SAVINGS CLAUSE AND AN EFFECTI'V'E DATE HEREOF. Voting "aye" - Councilman Frank, Councilman Griffin, Councilman Sanders, and Councilman Frank. Voting "rio" - None Motion passed 4 to 0. CHANGE 1N ORDER OF BUSINESS: - Mayor McComb administered the Oath of Office to Morris Wilson, member of the Park Board. It was moved by Councilman Griffin, seconded by Councilman Sanders that Councilman Tom Reids absence from the meeting be shown as "excused absence" due to death of his father in�law. Motion passed 4 to 0. ,ORDINANCE NO. 272 - AN ORDINANCE CLOSING THE HEARING ON SPECIAL ASSESSMENTS'AGAINST THE OWNERS OF CERTAIN REAL PROPERTY ABUTTING WEST CIRCLE DRIVE: Ordinance No. 272 read in full by Councilman Griffin. (Ordinance has been read, passed, and approved on a reading at the Public Hearing held on March 13, 1974). It was moved by Councilman Griffin, seconded by Councilman Frank that Ordinance No. 272 of two be passed and approved on first/ reading in a regular council meeting. Said Ordinance reads in caption as follows: ORDINANCE NO. 272 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, CLOSING THE HEARING ON SPECIAL ASSESSMENT AGAINST THE OWNERS OF CERTAIN REAL PROPERTY ABUTTING CERTAIN PORTIONS OF WEST CIRCLE DRIVE 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 ,..,r SAID PORTIONS OF SAID PUBLIC STREETS; DECLARING THE AMOUNT OF ASSESSMENT AGAINST SAID ABUTTING PROPERTIES AND LEVYING SAME AGAINST SAID PROPERTIES, AND DECLARING AN`, EFFECTIVE DATE. Voting "aye" - Councilman Frank, Councilman Griffin, Councilman Sanders, and Councilman Farley. Voting "no" - None Motion passed 4 to 0. ORDINANCE NO. 273 - AN ORDINANCE ACCEPTING STREET IMPROVEMENTS ON WEST CIRCLE DRIVE: Ordinance No. 273 read in full by Mayor McComb. M Ordinance No. 273 read in full by Mayor McComb. (Ordinance has been read, passed and approved on a reading at the Public Hearing held on March 13, 1974). It was moved by Councilman Farley, seconded by Councilman Griffin that Ordinance No. 273 be passed and approved on first of two readings in a regular council meeting. Said Ordinance No. 273 reads in caption as follows: ORDINANCE NO. 273 AN URDI,NANCE_ QV THE. CITY Q9 '?EARLA,ND f,. TEXA4 ACCERT;Nq STREET IMPROVEMENTS ON WEST CIRCLE DRIVE. Voting "aye" - Councilman Farley, Councilman Sanders, Councilman Griffin, and Councilman Frank. Voting "no" - None Motion passed 4 to 0. NEW BUSINESS: RESOLUTION NO. 74-6, STATE HIGHWAY DEPARTMENT - JOINT CONSTRUCTION OF "CITY SECTION". Resolution No. 74-6 read in full by Mayor McComb. It was moved by Councilman Griffin, seconded by Councilman Sanders that Resolution No. 74-6 be passed and approved on first and final reading. Said Resolution No. 74-6 reads in caption as follows: RESOLUTION NO. 74--6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF-PEARLAND, TEXAS REQUESTING THE STATE HIGHWAY DEPARTMENT TO DEVELOP PLANS AND ESTIMATES FOR JOINT CONSTRUCTION OF A "CITY SECTION" ON F. M. 518 (BROADWAY). Under discussion of this item, which is a City Section from Hatfield Road to Westminister Drive, inquiry was made as to whether or not this could be extended to connect with the 4 lanes on F. M. 518 in Friendswood. Mayor McComb advised that he felt any=-.--'° extension of the planned "City Section" would extend the time schedule of the Highway Department in getting started on the project, however, we could get this project started and then ask the Highway Department to begin working on plans and specifications for another portion of Highway 518. Voting on question: Voting "aye" - Councilman Sanders, Councilman Griffin, and Councilman Frank. Voting "no" - Councilman Farley Motion passed 3 to 1. ORDINANCE NO. 274, AN ORDINANCE DECLARING THE NECESS ITY FOR AND ORDERING THE PAVING AND IMPROVEMENT OF BOBBY STREET: Ordinance No. 274 read in full by Councilman Farley, Councilman Sanders, and Mayor McComb. WWI M It was moved by Councilman Frank, seconded by Councilman Griffin that Ordinance No. 274 be passed and approved on first of two readings. Said Ordinance No. 274 reads in caption as follows: ORDINANCE NO. 274 AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING �- THE PAVING AND IMPROVEMENT OF BOBBY STREET, PEARLAND, TEXAS, APPROVING PLANS AND SPECIFICATIONS FOR SUCH WORK; AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR BIDS IF NECESSARY; DIRECTING THE PREPARATION OF ESTIMATES; INVOKING AND ADOPTING THE PROVISIONS OF ARTICLE 1105b, VERNON 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 THE COSTS AGAINST ABUTTING PROPERTIES AND THE OWNERS THEREOF; DIRECTING;THE CITY SECRETARY TO CAUSE A CERTIFIED COPY TO BE FILED IN THE DEED OF TRUST RECORDS OF BRAZORIA COUNTY, TEXAS:; ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT; PROVIDING A SAVINGS CLAUSE AND AN EFFECTIVE DATE HEREOF. Voting "aye' r Councilman Farley, Councilman Sanders, Councilman Griffin, and Councilman Frank. Voting "no" � None Motion passed 4 to 0. OTHER BUSINESS: None EXECUTIVE SESSION ON PERSONNEL: 9:50 P. M. RECONVENED - 10:35 P. M. ADJOURN: Meeting adjourned at 10:36 P. M. Minutes approved as submitted and/or corrected this the day of , A. D. 1974. f V Mayor Attest: C_ City Secretary