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1974-05-28 CITY COUNCIL REGULAR MEETING MINUTES61 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MAY 28, 1,974,.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 Councilman City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: Carlton McComb Cecil W. Griffin Harry W. Farley Gene E. Sanders Tom Reid Benny J. Frank William E. Wolff Bobby J. Williams Dorothy L. Cook Invocation was given by Councilman Farley. Fledge of Allegiance led by, Bobby Williams., APPROVAL OF MINUTES: It was moved by Councilman Sanders, seconded by Councilman Reid that the minutes -of . a Public Hearing held on May 8, 1974, be approved as submitted. Motion passed 5 to 0. It was moved by Councilman Frank, seconded by Councilman Farley that the minutes of the regular meeting held on May 13, 1974, be approved as submitted. Motion passed 5 to 0% MAYOR'S ACTIVITY REPORT: Knapp Road Crossing Mayor McComb advised that on May 27, 1974, he signed the drawing for the crossing on Knapp Road. COUNCIL ACTIVITY REPORTS: None DEPARTMENTAL REPORTS: None CITIZENS: Mrs. Irene Mansfield -- Mrs. Mansfield read a prepared statement outlining her opposition to the proposed landfill to be operated by Mr. Ardin Hill. Mr. John C. Clauson - Mr. Clauson read a prepared statement outlining his opposition to the proposed.landfill to be operated by Mr. Ardin Hill. Mrs. Francis Jamison - It was moved by Councilman Griffin, seconded by Councilman Reid that Mrs. Jamison be heard. Motion passed 5 to 0. (This action necessary since Mrs. Jamison's request to speak before the Council was after the Agenda was posted.) Mrs. Jamison requested that sewer service be extended to Tract 82, W. D. C. Hall Survey, Abstract 70. 01. It was moved by Councilman Sanders, seconded by Councilman Farley that the request of Mrs. Jamison be referred to the City Manager and City Engineer for recommendations. Motion passed 5 to 0. DOCKETED PUBLIC HEARINGS: 1. REVENUE SHARING BUDGET FOR THE ENTITLEMENT PERIOD JULY 1, 1974 THROUGH JUNE'30, 1975: Mayor McComb presented the proposed budget outlining the proposed expenditures. 62 Environmental Protection Recreation Libraries $ 68,884.00 5,000.00 3,000.00 Other 5,000.00 Total ....................$ 81,884.00 Questions from the City Council: None Questions from the audience: None (Extension of sewer service to Mykawa Road area and Brookland Acres Subdivision). (Improvement of existing parks, and opening of one small park.) (Repair and upgrading of library building.) (Sanitary Landfill) All persons present having been given the opportunity to be heard, the Mayor adjourned the hearing. UNFINISHED BUSINESS: ORDINANCE NO. 275 - SPECIAL ASSESSMENT ON HALBERT STREET ^ FINAL READING; Ordinance No. 275 read in full by Councilman Griffin. It was moved by Councilman Griffin, seconded by Councilman Sanders that Ordinance No, 275 be passed and approved on final reading. Said Ordinance No. 275 reads in caption as follows: ORDINANCE NO. 275 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, CLOSING, THE HEARING ON SPECIAL ASSESSMENT AGAINST THE OWNERS OF CERTAIN PORTIONS OF REAL PROPERTY ABUTTING CERTAIN PORTIONS OF HALBERT DRIVE.iWITHIN 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 LEVYING SAME AGAINST SAID PROPERTIES, AND DECLARING AN EFFECTIVE DATE. Voting "aye" - Councilman Frank, Councilman Reid, Councilman Griffin, Councilman Sanders, and Councilman Farley. Voting "no" - None Motion passed 5 to 0. ORDINANCE NO. 276 - ACCEPTING STREET IMPROVEMENTS ON HALBERT DRIVE. Ordinance No. 276 read in full by Mayor McComb. It was moved by Councilman Farley, seconded by Councilman Griffin that Ordinance No. 276 be passed and approved on final reading. Said Ordinance No. 276 reads in caption as follows: ORDINANCE NO, 276 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ACCEPTING STREET IMPROVEMENTS ON HALBERT DRIVE. Voting "aye" - Councilman Farley, Councilman Sanders, Councilman Griffin, Councilman Reid and Councilman Frank. Voting "no" - None Motion passed 5 to 0. ORDINANCE NO. 277 - HOUSTON NATURAL GAS CORPORATION RATE ORDINANCE: Ordinance No. 277 read in full by Councilman Farley. It was moved by Councilman Farley, seconded by Councilman Griffin that Ordinance No, 277 be passed and approved on second and final reading. Said Ordinance No. 277 reads in caption as follows: ORDINANCE NO. 277-1 AN ORDINANCE PRESCRIBING RATES TO BE CHARGED FOR DISTRIBUTION AND SALE OF NATURAL GAS WITHIN THE CITY OF PEARLAND, TEXAS, AND REPEALING ALL OTHER ORDINANCES IN CONFLICT HEREWITH. Voting "aye" - Councilman Farley, Councilman Griffin, Councilman Reids and Councilman s Frank. Voting "no" - Councilman Sanders Motion passed 4 to 1. ORDINANCE NO. 278 - ESTABLISHMENT OF BUILDING LINES FOR CERTAIN PUBLIC RQADWNW-; It was moved by Councilman Sanders, seconded by Councilman Griffin that Ordinance No, 278 tabled at the last regular Council meeting be brought back to the Council for consideration, Motion passed 5 to 0. Ordinance No. 278 read in full by Councilman Sanders. It was moved by Councilman Sanders, seconded by Councilman Reid that Ordinance No, 278 be passed and approved on first reading as corrected. Said Ordinance No. 278 reads in caption as follows: ORDINANCE NO, 278 AN ORDINANCE DETERMINING THE NECESSITY FOR THE ESTABLISHING OF BUILDING LINES FOR CERTAIN PUBLIC ROADWAYS WITHIN THE CORPORATE CITY LIMITS OF THE CITY OF PEARLAND, TEXASp APPROVING THE LOCATIONS THEREOF; DIRECTING THAT BUILDING PERMITS NOT TO BE ISSUED FOR ANY WORK WITHIN SUCH BUILDING LINES; CONTAINING CERTAIN OTHER PROVISIONS RELATING TO ANY EXISTING STRUCTURES WITHIN SAID BUILDING LINES; DIRECTING THAT A CERTIFIED COPY OF THIS INSTRUMENT BE FILED FOR RECORDp PROVIDING A SAVINGS CLAUSE; AN EFFECTIVE DATE THEREOF, AND REPEALING ANY PARTS OF ORDINANCES IN CONFLICT THEREWITH, Voting "aye" - Councilman Farley, Councilman Sanders, Councilman Griffin, Councilman Reid, and Councilman Frank. Voting "no" - None Motion passed 5 to 0. ORDINANCE NO. 279 - BEAUTIFICATION ORDINANCE: Ordinance No. 279 read in full by Councilman Reid. It was moved by Councilman Reid, seconded by Councilman Griffin that Ordinance No. 279 be passed and approved on second and final reading. Said Ordinance No. 279 reads 64 in caption as follows: ORDINANCE NO. 279 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS CREATING AN IMPROVEMENT AND BEAUTIFICATION BOARD; PROVIDING FOR MEMBERSHIP QUALIFICATIONS; PROVIDING FOR THE APPOINTMENT AND TERM OF MEMBERS; SPECIFYING REQUIREMENTS FOR MEETINGS AND ATTENDANCE; SPECIFYING THE DUTIES OF THE OFFICERS; ENUMERATING BOARD FUNCTIONS AND POWERS, DEFINING POWERS OF CITY COUNCIL; PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE THEREOF. Voting "aye" - Councilman Farley, Councilman Sanders, Councilman Griffin, Councilman Reid, and Councilman Frank. Voting "no" - None Motion passed 5 to 0. Mayor McComb advised that the appointment of the new board would be on the next regular agenda. ORDINANCE NO. 280 - AN ORDINANCE ESTABLISHING CHARGES FOR COLLECTION OF RESIDENTIAL AND COMMERCIAL GARBAGE: Ordinance No. 280 read in full by Councilman Griffin. It was moved by Councilman Griffin, seconded by Councilman Reid that Ordinance No, 280 be passed and approved on second and final reading. Said Ordinance No. 280 reads in caption as follows: ORDINANCE NO. 280 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING CHARGES FOR THE COLLECTION OF RESIDENTIAL GARBAGE WITHIN THE CITY LIMITS; PROVIDING THAT SUCH CHARGES ALLOW NO CREDIT FOR VACANCIES; PROVIDING THAT SUCH CHARGES BE DEBITED TO EACH ACTIVE WATER METER ACCOUNT; PROVIDING THAT TRASH AND BRUSH COLLECTION BE AVAILABLE TO RESIDENTIAL CUSTOMERS UPON REQUEST; PROVIDING FOR CHARGES FOR THE COLLECTION OF COMMERCIAL GARB AGE; REPEALING ORDINANCE NO. 182 AND ALL ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING A SAVINGS CLAUSE. Voting "aye" - Councilman Frank, Councilman Reid, Councilman Griffin, Councilman Sanders-, and Councilman Frank. Voting "no" - None Motion passed 5 to 0. APPLICATION NO. 9 -- CHANGE IN LAND USE REQUEST BY ASSOCIATED EQUIPMENT COMPANYA INC. Mayor McComb read a letter dated May 24, 1974, from Dennis Frauenberger, Chairman of the Planning ;and Zoning Commission regarding the request of the Associated Equipment Company to change the land use classification. This letter advised that it was the unanimous decision of the Planning and Zoning Commission that the request for change be denied, however, the Commission recommended that the applicant be contacted and possibly amend the request to commercial instead of M-1 which would be in unity, bel with adjacent properties. Mayor McComb read a letter dated May 28, 1974 addressed to the Mayor and City Councilmen from the Associated Equipment Company, Inc. requesting that the Application previously filed be amended to show that the request now show "commercial" instead of "M--1." It was moved by Councilman Reid, seconded by Councilman Frank that the report from the Planning and zoning Commission be accepted into the records of the City and that the City Council accept the request for amendment to the Application by the Associated Equipment Company, Inc. for classification change from M-1 to Commercial. Motion passed 5 to 0. It was moved by Councilman Reid, seconded by Councilman Griffin that a Public Hearing be called before the City Council on June 24, 1974 under Docketed Public Hearings for Application No. 9, as amended, and that appropriate notice be published in the official newspaper of the City. Motion passed 5 to 0. NEW BUSINESS: TRANSFER OF $15,000.00 FROM EPA REFUND TO WATER AND SEWER OPERATING ACCOUNT: It was moved by Councilman Farley, seconded by Councilman Griffin' that the City Treasurer be authorized to transfer $15,000.00 from the EPA refund to the Water and Sewer Operating Account, in repayment of a prior loan from the Water and Sewer Operating Account to the Sewer Bond Fund Account. Motion passed 5 to 0. POLICE BUILDINGADDITION: It was moved by Councilman Frank, seconded by Councilman Sanders that Check No. 7545 - Peirsol Construction Company in the amount of $1456.00, Check No. 7546 General Supply Company in the amount of $239.00, and Check No. 7547 - Joseph T. Ryerson & Son in the amount of $118.40 be paid out of the Council Contingency Fund. Motion passed 5 to 0. PUBLIC HEARINGS - SHADYCREST DRIVE AND LONGHERRIDGE DRIVE: It was moved by Councilman Griffin, seconded by Councilman Sanders that Public Hearings be held for acceptance of road work as follows: Longherridge Drive -- July 1, 1974 at 7:30 P. M. Shadycrest Drive A July 15, 1974 at 7:30 P. M. Motion passed 5 to 0. TRAFFIC ENGINEER'S REPORT - NO. 19 - STOP SIGNS ON CARMONA: City Attorney Williams read the Acting Traffic Engineers Report on installation of Traffic Control Devices as follows: One Stop Sign facing east on Carmona for the traffic to stop before entering onto Corrigan Drive. One Stop Sign facing west on Carmona for the traffic to stop before entering onto Corrigan Drive, and the same are hereby officially declared to be official traffic devices in and for the City of Pearland. M It was moved by Councilman Farley, seconded by Councilman Sanders that the Acting Traffic Engineers Report No. 19 dated May 13, 1974 pursuant to his authority,be entered into the minutes of this meeting. Motion passed 5 to 0. It was moved by Councilman Farley, seconded by Councilman Griffin that the City Council declare that the Stop Signslocated on Carmona (East and West) at its intersection with Corrigan Drive, be declared as offical devices in. and for the City of Pearland. Motion passed 5 to 0. - ENGINEERING CONTRACT WITH COENCO, INC. FOR MYKAWA ROAD-BROOKLAND ACRES SEWER AND WATER FACILITIES: It was moved by Councilman Griffin, seconded by Councilman Farley that the Mayor be authorized to execute the Contract with Coenco, Inc. for Mykawa Road-Brookland Acres sewer and water facilities. Motion passed 5 to 0. MEETING RECESSED AT 9:20 P. M. - RECONVENED AT 9:30 P. M. EXTENSION OF 2" WATER LINE ON YOST ROAD: Mayor McComb advised that the City had received four letters from citizens on Yost Road requesting extension of water service to their area. City Manager Wolff advised the Council that service could be extended by installing a 2" plastic line from the 8" line that comes off of Highway 518. This would provide water for domestic use , however,it would not be adequate for fire protection.. According to the City°s Master Plan an 8" line would eventually need to be installed. It was moved by Councilman Farley, seconded by Councilman Griffin that the City Manager be instructed to extend temporary service of a two inch water line on Yost Road contingent upon receipt of .the necessary consistent right of way easements from the requesting residents. Motion passed 5 to 0. ORDINANCE NO. 281 - ANNEXATION ORDINANCE: Ordinance No. 281 read in full by Councilman Griffin. It was moved by Councilman Griffin, seconded by Councilman Reid that Ordinance No, 281 be passed and approved on first of two readings. Said Ordinance No. 281 reads in caption as follows; ORDINANCE NO. 281 AN ORDINANCE ANNEXING CERTAIN PRQPERTY AND TERRITORY _ TO THE CITY OF PEARLAND, TEXAS, AND EXTENDING THE CORPORATION LIMITS OF SAID CITY TO INCLUDE AND EMBRACE SAID TERRITORY WHICH IS ADJACENT TO AND CONTIGUOUS WITH THE PRESENT CORPORATION LIMITS OF SAID CITY AND IS NOT WITHIN THE CITY LIMITS OF ANY OTHER CITY AND LIES WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY, OF PEARLAND; SAID TERRITORY BEING FULLY' DESCRIBED BY METES AND BOUNDS IN THIS ORDINANCE; PRESCRIBING THE VOTING PRECINCTS FOR THE FUTURE INHABITANTS WITHIN SAID ANNEXED TERRITORY; PLACING SUCH FUTURE INHABITANTS ON EQUAL FOOTING WITH THE PRESENT INHABITANTS OF THE CITY OF PEARLANDp PROVIDING �A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Voting "aye" - Councilman Farley, Councilman Sanders, Councilman Griffin, Councilman Reid, and Councilman Frank. Voting "no" - -None Motion passed 5 to 0. ORDINANCE NO. 283 - AN APPROPRIATION ORDINANCE ADOPTING A REVENUE SHARING BUDGET FOR ENTITLEMENT PERIOD JULY 1, 1974 AND ENDING JUNE 30, 1975. Ordinance No. 283 read in full by Mayor McComb. It was moved by Councilman Griffin, seconded by Councilman Reid that Ordinance No. 283 be passed and approved on first of two readings. Said Ordinance No. '283 xeadsr in caption as follows: ORDINANCE NO. 283 AN APPROPRIATION ORDINANCE ADOPTING A REVENUE SHARING BUDGET FOR THE ENTITLEMENT PERIOD BEGINNING GTULY 10 . 1974 AND ENDING TUNE 30, 1975. Voting "aye" - Councilman Farley, Councilman Sanders, Councilman Griffino Councilman Reid ;and Councilman Frank. Voting "no" - None Motion passed 5 to 0. 1. DECLARATION OF EXISTENCE OF SCOTT STREET (MYKAWA ROAD TO MAIN STREET): It was moved by Councilman Farley, seconded by Councilman Sanders that the City Council declare the existence of Scott Street from Mykawa Road to Highway 35 and hereby authorize the Mayor, City Manager and City Attorney to take whatever appropriate action necessary to open same. Motion passed 5 to 0. STREET RIGHT OF WAY ON .MYKAWA ROAD: It was moved by Councilman Griffin,seconded by Councilman Frank that the Mayor, City Manager, and City Attorney be authorized to take those actions necessary to secure street right of way on Mykawa Road. Motion passed 5 to 0. MEETING RECESSED 10:00 P. M. RECONVENED AT 10:01=: P. M. OTHER BUSINESS: None EXECUTIVE SESSION: MEETING RECESSED 10:03 P. M. RECONVENED 10;40 P. M. No action in City Council meeting as a result of Executive Session. ADJOURN: Meeting adjourned 10:42 P. M. Minutes approved as submitted and/or corrected this the Ia- day of� , A. D. 1974. ATTEST; Mayor City Secretary