1974-07-22 CITY COUNCIL REGULAR MEETING MINUTESM
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ':
HELD ON JULY 220119741 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
City Manager
City Attorney
City Secretary
Carlton McComb
Harry Farley
Gene E. Sanders
Tom Reid
Benny J. Frank
William E. Wolff
Bobby J. Williams
Dorothy L. Cook
Absent from the meeting: Councilman Griffin.
INVOCATION AND PLEDGE OF ALLEGIANCE:
The invocation was given by the Rev. Ken Kesselus, Minister of the Episcopal Church
in Pearland. The Pledge of Allegiance was led by Sammy Parise..
APPROVAL OF MINUTES:
It was moved by Councilman Reid, seconded by Councilman Sanders that the minutes of
the regular meeting held on July 8, 1974 be approved as submitted. Motion passed
3 to 0. Councilman Farley abstained.
MAYOR'S ACTIVITY REPORT:
None
COUNCIL ACTIVITY REPORTS:
Councilman Reid reported that the City Beautification and improvement Board met for
an organizational meeting on July 18, 1974, and they have set their monthly meeting
7:30 P- M. on the first Thursday of each month.
Councilman Farley reported that in 1964, Mr. Berry Miller, Sr;., Trustee asked the
City to take over the operation of the Old Settler's Cemetery. The Council by minute
order agreed to do so:- We have now received a Quit Claim Deed to this property from
Mr. Miller. Councilman Farley asked that the City Secretary place the formal acceptance
of this Deed on the next regular agenda.
DEPARTMENTAL REPORTS:
City Manager Wolff reported that this evening around 5:00 we finished the Ryan Acres
Sewer job so that we will now send notices to homeowners advising them of the availabil%_1.`
of sanitary sewage service in that area.
CITIZENS:
Sammy Parisi CSU Vice President requested permission to hold a "follow Jesus Rally",
on the Pearland High School Campus on the 16th day of August, 1974, between the
hours of 6:00 P. M. and 10:00 P. M.
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It was moved by Councilman Sanders, seconded by Councilman Reid that the Christian
Student's Union of the Pearland High School be granted permission to hold a "Follow
Jesus Rally" on August 16, 1974 on the High School Campus between the hours of 5:30 P. M.
and 10:00 P. M., and further that the City Council condones such action. Motion
passed 4 to 0.
UNFINISHED BUSINESS:
EXTENSION OF 2" WATER LINE ON YOST ROAD:
Councilman Farley reported that this project has been discussed with the citizens of
the area and the City Manager and because of the extenuating circumstances and the
long time period involved in obtaining right-of-way he would like to offer the following
motion:
It was moved by Councilman Farley, seconded by Councilman Frank that temporary water
service be extended to the residents of Yost Road. Motion passed 4 to 0„
REQUEST FOR RATE INCREASE BY ENTEX, INC.:
Mayor McComb advised that the City Attorney has determined that the request by the
Entex, Inc. was for a rate increase rather than a gate rate increasef therefore, a
Public Hearing will need to be called to comply with the provisions of the City Charter
regarding such requested increases.
be discussed later in the meeting.
A time for the Public Hearing and date will
AUTHORIZATION FOR PAYMENT FOR ENGINEERING SERVICES - MYKAWA ROAD PROJECT:
City Manager Wolff advised that we have received the plans on the Mykawa--Road - Brookland
Acres water and sewer improvements from the Engineer and an invoice.in the amount of
$8,458.75 is now due for these services. City Manager recommended that this invoice
be paid.
It was moved by Councilman Farley, seconded by Councilman Frank that upon the recommendation
of the City Manager that Coenco ;Inc , Engineers, be issued a check in the amount of
$8,458.75 to be charged to the Sewer Bond Fund in payment for engineering charges
for the Brookland Acres - Mykawa Road water and sewer system. Motion passed 4 to 0.
APPROVAL OF WOODCREEK SUBDIVISION, SECTION I AND RELEASE OF BUILDING PERMITS:
Mayor McComb read a letter from Coenco, Inc. stating that the subdivision was now in
accordance with the City's subdivision ordinance. They stated that there are some
minor variations on streets and sewers but all are in acceptable tolerances. Coenco, Inc.
recommended the acceptance of this subdivision. All other requirements of the
subdivision_•ordinance have been met by the Developer.
It was moved by Councilman Frank, seconded by Councilman Reid that Section I of Woodcreek
Addition be approved and building permits released contingent upon the street being
cleaned to the satisfaction of the City inspection forces. Motion passed 4 to 0.
PLANNING AND ZONING COMMISSION REPORT ON APPLICATION NO. 10:
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Mayor McComb read a letter from the Planning and Zoning Commission's Chairman, Dennis
Frauenberger, reporting that a Public Hearing was held on July 9, 1974. (Letter
dated July 17, 1974.3 Mr. Frauenberger advised that it was the majority decision
of the members present, who were: Dennis M. Frauenberger, Richard Tetens, Douglas
D. Vaughan and Royse Bomar that the request for change be granted. Commissioner's
vote 3 to 2.
Meeting recessed 8:00 P. M. - Reconvened 8:10 P. M.
It was moved by Councilman Sanders, seconded by Councilman Reid that the recommendation
of the Planning and Zoning Commission be accepted into City records. In addition to
the above that the Planning and Zoning Commission submit to the Council a more detailed
report for Council information in reference to this particular application. Also,
affirmative and negative comments from the Planning Commission documented for Council
consideration prior to the Public Hearing before the City Council. Motion passed
4 to 0.
It was moved by Councilman Reid, seconded by Councilman Farley that a Public Hearing
be called on August 13, 1974 at 7:30 o'clock P. M. in the Council Chambers of the
City Hall to consider Application No. 10 for change in Land Use Ordinance. Motion
passed 4 to 0.
NEW BUSINESS:
QUITCLAIM DEED TO ROBERT I. ELLIS -- PROPERTY ON HALIK ROAD:
Mayor McComb read a letter from Glenn M. Chaney dated June 11, 1974 regarding execution
of a Quit Claim Deed by the City for 1.26 acres of land in Abstract No. 542 which had
been conveyed to the City by Robert I. Ellis in 1964. The deed conveying this
property carried with it a condition for opening the property as a roadway within a
certain period of time else the property would revert back to the Grantor.
It was moved by Councilman Sanders, seconded by Councilman Farley that the Quit
Claim Deed as presented to us by by letter from Glenn M. Chaney, Attorney -at -Law
dated June 11, 1974, be accepted by the City Council and the Mayor be authorized
to execute this document. Motion passed 4 to 0.
REQUEST BY JAMES DAVIS FOR SPECIFIC USE PERMIT FOR MINI STORAGE UNITS:
Mayor McComb read a letter dated July 17, 1974 from Dennis Frauenberger, Chairman
of the Planning and Zoning Commission stating that the Commission investigated,
discussed and considered the request of Mr. James Davis for Mini Storage Units
in a (GB) area. This is an extension of existing mini storage units presently on
the site. The Planning and Zoning Commission recommended that a Specific Use Permit
be granted to Mr. Davis.
It was moved by Councilman Farley, seconded by Councilman Sanders that a Specific Use
Permit be granted to Mr. James Davis for construction of mini storage units in a GB
area under Scheduled Use Utility Shops or Storage Buildings as recommended by the
Planning Commission. Motion passed 4 to 0.
m
'TOM:'ALEXANDER VS CITY OF PEARLANDET AL CAUSE NO. 59,988A: (LAND USE APPLICATIONS 5 & 6)
City Attorney Bobby Williams explained that this suit was a lawsuit filed by Tom Alexander
with reference to the Land Use Ordinance seeking an-=.ihjunction and summary judgment
action by the Court on August 5, 1974. Mr. Williams stated that his firm has a definite
conflict on that date, he suggested that the City utilize the services of Mr. Robert
Burns, Attorney from Houston.
It was moved by Councilman Reid, seconded by Councilman Frank that the Casty employ Mr.
Robert Burns, Attorney to represent the City in Cause No. 59,988A, Tb*—Alexander vs
City of Pearland et al. Motion passed 4 to 0.
APPLICATION NO. 11 - JERRY W. RAWLS REQUEST FOR CHANGE:IN LAND USE ORDINANCE:
Application No. 11 was presented to the City Council for call of a Public Hearing before
the Planning and Zoning Commission. Requested change: PU to Commercial
It was moved by Councilman Reid, seconded by Councilman Sanders that a Public Hearing
be called before the Planning and Zoning Commission at 7:30 P. M., August 6, 1974
in the City Hall to consider Application No. 11 submitted by Jerry W. Rawls.
Motion passed 4 to 0.
City Manager Wolff to request Commission to check subdivision restrictions in this area.
APPLICATION NO. 12 - M. R. KRUEMCKE, JR. TRUSTEE - REQUEST FOR CHANGE IN LAND'USE ORDINANCE:
Application No. 12 was presented to the City Council for call of a Public Hearing before
the Planning and Zoning Commission. Requested change: PU to Mil.
It was moved by Councilman Reid, seconded by Councilman Frank that a Public Hearing
be called at 8:30 P. M., August 6, 1974 in the City Hall before the Planning and Zoning
Commission to consider Application No. 12 submitted by M. R. Kruemcke, Jr.- Trustee.
Motion passed 4 to 0.
UNFINISHED BUSINESS: (CONTINUED)
SECOND AND FINAL READING OF ORDINANCE NO. 286 - AN ORDINANCE CLOSING HEARING ON SPECIAL
ASSESSMENTS -- LONGHERRIDGE DRIVE AND MARYS CREEK LANE EAST:
Ordinance.No. 286 read by Councilmen Reid, Frank and Sanders. (Second Reading in a
regular meeting.
It was moved by Councilman Reid, seconded by Councilman Sanders that Ordinance No. 286
be passed and approved on second and final reading in a regular council meeting. Said
Ordinance'No. 286 reads in caption as follows:
ORDINANCE NO. 286
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 LONGHERRIDGE DRIVE
AND MARYS CREEK LANE EAST WITHIN THE CITY OF PEARLAND, TEXAS?
FINDING AND DETERMINING THE SPECIAL BENEFITS TO 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 Farley, Councilman Sanders, Councilman Reid, and Councilman
Frank.
Voting "no" - None
Motion passed 4 to 0.
SECOND AND FINAL READING OF ORDINANCE NO. 287 - AN ORDINANCE OF THE CITY OF PEARLAND
ACCEPTING STREET IMPROVEMENTS ON LONGHERRIDGE DRIVE AND MARYS CREEK LANE EAST:
Ordinance No. 287 read by Mayor McComb.
It was moved by Councilman Frank, seconded by Councilman Farley that Ordinance. No. 287
be passed and approved on second and final reading in,a regular council meeting. Said
Ordinance No. 287 reads in caption as follows:
ORDINANCE NO. 287
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ACCEPTING
STREET IMPROVEMENTS ON LONGHERRIDGE DRIVE AND MARYS CREEK
LANE EAST.
Voting "aye" - Councilman Frank, Councilman Reid, Councilman Sanders:, and Councilman
Farley.
Voting "no" -- None
Motion passed 4 to 0.
ENTEX, INC. RATE INCREASE REQUEST - CONTINUED:
It was moved by Councilman Sanders, seconded by Councilman Frank that on the
advice of the City Attorney, the Council hold a Public Hearing to consider the rate
increase request by Entex, Inc.,and that the Public Hearing be set on August 12, 1974
under Docketed Public Hearings of the regular meeting. Motion passed 4 to 0.
NEW BUSINESS: (CONTINUED)
ORDINANCE NO. 288, AN ORDINANCE CLOSING THE HEARING ON SPECIAL ASSESSMENT AGAINST OWNERS
OF CERTAIN REAL PROPERTY ABUTTING CERTAIN PORTIONS OF SHADYCREST DRIVE, SHADYBEND DRIVE,
MARYS CREEK LANE EAST AND MARYS CREEK LANE WEST:
Ordinance No. 288 read by Councilman Frank, Councilman Sanders, and Councilman Farley.
(First Reading)
It was moved by Councilman Sanders, seconded by Councilman Frank that even though
the report of reinspection as requested by motion is not available at this time but
that it will be presented to the Council prior to the second reading of this Ordinance,
that Ordinance No. 288 be passed and approved on first reading. Said Ordinance
No. 288 reads in caption as follows:
ORDINANCE NO. 288
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 SHADYCREST DRIVE,
SHADYBEND DRIVE, SHADYBEND DRIVE, MARYS CREEK LANE EAST AND
MARYS CREEK LANE WEST 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
IMPROVEMENTS TO SAID PORTIONS OF SAID PUBLIC STREETS;
DECLARING THE AMOUNT OF ASSESSMENT AGAINST THE SAID
ABUTTINGr7, PROPERTIES, AND DECLARING AN. EFFECTIVE DATE.
Voting "aye" - Councilman Farley, Councilman Sanders, Councilman Reid, and Councilman
Frank.
Voting "no" - None
Motion passed 4 to 0.
ORDINANCE NO. 289 - AN ORDINANCE OF THE CITY OF PEARLAND ACCEPTING STREET 'IMPROVEMEN'T'S
ON SHADYCREST DRIVE, SHADYBEND DRIVE, MARYS CREEK LANE EAST AND-MARYS CREEK'LANE'WESTs
Ordinance No. 289 read by Mayor McComb. (First Reading)
It was moved by Councilman Farley, seconded by Councilman Frank that Ordinance No, 289
be passed and approved on first reading, as amended. Said Ordinance No. 289 reads
in caption as follows:
ORDINANCE NO. 289
AN ORDINANCE OF THE CITY OF PEARLAND, TEXASO ACCEPTING
STREET IMPROVEMENTS ON SHADXCREST DRIVE0 SMDYBEND DRIVE0
MARYS CREEK LANE EAST AND MARYS CREEK LANE WEST,
Voting "aye" — Councilman Frank, Councilman Reid, Councilman Farley and Councilman Sanders,
Voting "no" None
Motion passed 4 to 0.
ORDINANCE N0. 290 - AN'ORDINANCE AUTHORIZING THE ISSUANCE OF STREET IMPROVEMENT TIME
WARRANTS IN THE AMOUNT OF $60,000.00:
Ordinance -No. 290 read in full by Councilman Reid.
It was moved by Councilman Frank, seconded by Councilman Reid that Ordinance No. 290
be passed and approved on first reading. Said Ordinance No. 290 reads in caption as
follows:
ORDINANCE NO. 290
AN ORDINANCE AUTHORIZING THE ISSUANCE OF STREET
IMPROVEMENT TIME WARRANTS OF THE CITY OF PEARLAND,
TEXAS; PRESCRIBING THE TERMS AND CONDITIONS THEREOF
AND UPON WHICH SUCH WARRANTS SHALL BE ISSUED; LEVYING
TAXES TO PROVIDE THE PAYMENT THEREOF; AND CONTAINING
OTHER PROVISIONS RELATING TO THE SUBJECT.
Voting "aye".--,Councilman.Frank, Councilman REid, Councilman Sanders, and Councilman
Farley.
Voting "no" None
Motion passed 4 to 0.
OTHER BUSINESS: None
ADJOURN: Meeting adjourned 10;:,10 P. M.
Minutes approved as submitted and/or corrected this the /�. day of ....... '
A. D. 1974.
Attest:
Mayor
Citv Secretary