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1974-08-12 CITY COUNCIL REGULAR MEETING MINUTESRM MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLANDr TEXASr x',i°_." HELD ON"AUGUST 12, 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 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 Rev. Art Jones, Council Chaplain. The Pledge of Allegiance was led by Councilman Griffin. APPROVAL OF MINUTES: It was moved by Councilman Reid, seconded by Councilman Sanders that the'iminuteao2 a special meeting held on July 15, 1974, be approved asp submitted, Motion passed 5 to 0:, It was moved by Councilman Griffin, seconded by Councilman Farley that the runutes 4g the rublid.Hearing held on July 15, 1974, be approved as submitted, Motion passed 5 to 0. It was moved by Councilman Frank, seconded by Councilman Sandera that the minutes of the regular meeting held on July 22, 1974, be approved as submitted, Motion passed 4 to 0. Councilman Griffin abstained. It was moved by Councilman Farley, seconded by Councilman Sanders that the minutes of a Publad-:Fiearing held on July 29, 1974, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: None COUNCIL ACTIVITY REPORT: Councilman Reid reported on the activities of the City Beautification Board, He stated that the Board presented letters of commendation to three businesses for landscaping and beautifying their premises Pear Tree Restauraht,Golfcrest County Club, and Dairy Queen. ;Alsip, the monthly meeting have been changed to the second Wednesday of each month, that the Board was working on a Master Plan for beautifying Pearland, i and that the City Beautification Board will accept responsibility for the Depot if it is returned by the Garden Club. Councilman Farley reported that the acceptance of the Deed of the Old Settler's Cemetery was omittedAtrom the Agenda of this meeting and he asked that it be placed on the next regular Agenda. Councilman Farley, Bobby Williarro;wand City Manager Wolff to work out a maintenance type ordinance for submission to the City Council, Councilman Griffin reported on solid waste disposal activities for the City. Mr. Griffin reported that in 1967 the City acquired approximately 30 acres adjoining the old County dump near Manvel. In 1972 the City acquired another 20 acres adjoining this property with the intent that at some time we would operate our own sanitary landfill. About'a year ago, through the efforts of the Brazoria County Cities Association, the Brazoria County Solid Waste Disposal Committee was created. This Committee is made up of representatives of the various cities and members of the Commissioner's Court. Through r— the participation of the various cities a study has been made by Bernard Johnson, Engineers. Councilman Griffin reported that while the study by Bernard Johnson is coming along, we recognize that our present arrangement for disposal of solid waste, due to distance of travel, is:: becoming more and more expensive. The City of Pearland joined with the City of Alvin in an effort to make arrangements for opening of a landfill on the property owned by the City of Pearland. The City of Manvel objected to the use of this property for landfill purposes. We met with officials of Manvel and discussed this -matter and we were to hear back from the officials, however, we have not heard from theta. Our property is located in the extraterritorial jurisdiction of Manvel. Councilman Griffin and Councilman Sanders of Alvin are continuing a search for land which could be used for landfill purposes. This land requires a good clay base, however, the sites checked out at this time indicated a high degree of water sand. Councilman Griffin reported that he and Councilman Sanders of Alvin are continuing their search and that he would report back to the City Council in about two months. Councilman Frank requested a status report on the Mykawa Road Water and Sewer Project. City Manager Wolff advised that we have a commitment from one property owner on the granting of right of way,'�iowever,--we have=riot received:thLW-' ts'will give us the right-of�way that can easily be acquired. Councilman Frank requested that the matter of obtaining any additional right of way needed for this project be placed on the next regular Agenda. DEPARTMENTAL REPORTS: PRESENTATION OF BUDGET FOR FISCAL YEAR BEGINNING OCTOBER 1„ 19741 City Manager Wolff presented the proposed Budget for the fiscal year beg#ning.Qctober 1, 1974 to the Mayor and City Council. of the City Secretary. DOCKETED PUBLIC HEARINGS: This Budget to be placed on file in the office 1. Request by Entex, Inc. for rate increase. 2. Comments from the City Council. Councilman Sanders stated that due to the length of the regular agenda of the meeting that a time limit should be imposed as longhasrne ded fory�ie cCoomb advised that he felt that 30 minutes would be 3. Persons wishing to speak for the proposed rate increase. Mr. Jack Pack of Entex, Inc. presented the City Council a rate ordinance in lieu of a letter. Mr. Pack advised that the ordinance did not cover additional rate increase but an adjustment in the fluctuating costs. He advised that the rates established by this ordinance were based upon cost of service in the integrated distribution system and the value of the facilities used in serving WW various c m unitiiea 1�rMontRB PeiioayEncin Mar.3Plac]�9jbmitted a Statement Earnings o ear an g y Also, copy of a letter addressed to the Mayor of Houston dated March 1, 1974 with attached - United Gas, Inc., Report Concerning Operations Of Houston Division, Twelve Months Ended December 31, 1973. 4. Questions from City Council: A Many questions were asked of Mr. Pack concerning the ordinance, requested rate increase, Houston Intergrated System as it affects Pearland, and other questions pertinent to the subject. (Complete tape on file in office of City Secretary). 5. Adjourn Hearing - 8:45 P. M. UNFINISHED BUSINESS: Mayor McComb moved into the area of new business at this time. NEW BUSINESS: ELECTRICAL INSPECTOR FOR CITY: City Manager Wolff recommended to the City Council the appointment of Mr. Clyde Lohr, Jr, as Electrical Inspector for the City due to the resignation of Mr. Don Foshee, It was moved by Councilman Farley, seconded by Councilman Frank that upon the recommendation of the City Manager, Mr. Clyde Lohr, Jr., be appointed as Electrical Inspector for the City of Pearland. Motion passed 5 to 0. Mayor McComb administered the Oath of Office to Mr. Lohr. DIXIE FARM ROAD REPAIRS: City Manager Wolff that several weeks ago the City of Pearland received a letter from the Air Quality Board,which was read into the records of a regular Council meeting, concerning what it considered a violation of the Air Pollution Statutes in regard to particulate matter, in the form of shell dust, from this unimproved road. Mr. Wolff advised that he asked our City Attorney, Bobby Williams, to brief the law in relation to the City's ability to improve this road through the application of property owner participatio under 1105b. City Attorney Bobby Williams advised the Council that this project would probably take the full application of 1105b which would be a 90/10 participation. This would be an involuntary paving program since no one on the road has indicated an interest in signing up under the voluntary program. City Attorney Williams advised that he did not feel that the contract is such a project as could be done by force account work, The project justifies contract by an outside contractor and that we approach this program with assignable certificates. The contract would have lien rights. Mr. Wolff stated that he felt this road would be one of greater specifications than the City is presently building,and suggested that we ask the City Engineer to come up with some design standard to meet the anticipated load or the current loading on this street so that what we do build would be something lasting. Mr. Wolff stated that he felt that the City Engineer could make a. report concerning the estimated construction standard on this road as the first step in carrying this process through. It was moved by Councilman Griffin, seconded by Councilman Frank that the City Manager be authorized to obtain the necessary design criteria from the City Engineer for construction of permanent street improvements on the portion of Dixie Farm Road south, so that we may be in compliance with Texas Air Quality Board dictates. Motion passed 5 to 0. REQUEST BY BIG CHIEF TANK SERVICE FOR DISPOSAL OF WASTE INTO SEWER PLANT: City'Manager Wolff advised the Council that the Big Chief Septic Tank Service of Pearland-has-requested permission to dump septic tank waste and.sewer grease into one of the City"s sewer plants. The percent of solid to liquid is 50 to'50. The B. O, D. loading per pound is 8,000 to 10,000. The phosphate content in the sewer grease is up to 500 P. P. M. _ City Manager Wolff stated that the North End Plant could accept this sewage if the Council sees fit to enter into a policy of this type. We would have to ti take the content in the loading expressed in the letter from Big Chiefilandequate this, to a cost of treatment. He advised that he'could not give the Council a cost at this- time, histame, and if the Council agreed to an arrangement with Bag Chief f the contract should not be for more than one year. The Council asked Mr. Wolff to pursue the matter further and furnish a cost analysis and report back to them at a later date. SANITARY SEWER,LINE ON GALVESTON AVENUE: City Manager Wolff ask for authorization to extend taps to property lanes and replace the sanitary sewage line on Galveston Avenue in the area on the west side from oringe'v Street going north on Galveston. The line presently in use is almost impossible to maintain due to the location. The expenditure for this line should be slightly less than $2,000.00. It was moved by Councilman Reid, seconded by Councilman Griffin that the City Manager be authorized to replace the existing sanitary sewer line on Galveston Avenue from Orange Street north to the drainage ditch and that we extend new service connections F"' to the property line of the homes along this line at no charge to the property awners, and that payment be provided from the Sewer Bond Funds. Motion passed 5 to U. BUDGET HEARING:. It was moved by Councilman Griffin, seconded by Councilman Frank that a Public. SeAring ;t - be called on the proposed Budget for the fiscal year beginning October 1, 1974, dtyl 7:30 P. M., August 21, 1974 in the Council Chambers of the Casty Full. Motion passed 5 to 0. APPLICATION NO. 11- REQUEST BY JERRY W. RAWLS FOR CHANGE IN LANA USE: Application No. 11 - Jerry Wayne Rawls - request to amend the Land Use and Urban Development Ordinance from Classification PU to Commercial on Lots 3 and 4 of the Elton J. Davis Subdivision. Mayor McComb.read a letter report from Dennis M. Frauenberger dated August 8, 1974,. advising that a Public Hearing was held on August 6, 1974 on this request, and after r— the Hearing a majority decision of the Planning Commission was to not grant this requested change. It was moved by.Councilman Reid, seconded by Councilman Farley that a Public Hearing be called before the City Council on Application No. 11 for September 4, 1974, at 7:30 P. M. in the Council Chambers of the City Hall. Motion -passed 5 to 0. APPLICATION NO. 12 - REQUEST BY MAX KRUEMCKE FOR CHANGE IN LAND USE: Application No. 12 Max Kruemcke, Jr.,, - request to amend the Land Use and Urban Development Ordinance from Classification PU to M-1 on 1.15 acres out of 21.44 acres, being Lot 29 of the W. Zychlinski Subdivision, Abstract 232. I Mayor McComb read a letter report from Dennis Frauenberger, Chairman of the Planning and Zoning Commission dated August 8, 1974 on this request. Mr. Frauenberger advised that a Public Hearing was held before the Planning and Zoning Commission on August 6, 1974, and after the Hearing it was the unanimous decision of the members of the Commission present to recommend that the request of Mr. Max Kruemcke be granted, It was moved by Councilman Farley, seconded by Councilman Reid that a Public Hearing be called before the City Council on Application No. 12 for September 4, 1974 at 8:30 P. M. in the Council Chambers of the City Hall. Motion passed 5 to 0.. ORDINANCE NO. 293 - AN ORDINANCE REVOKING ORDINANCE NO, 2.78; (BUILDING LINE ORDINANCEX Councilman Sanders stated that Ordinance No. 278 has so many flaws in it that it was virtually impossible to amend the ordinance, therefore, he proposed that the Council adopt Ordinance No. 293. Proposed Ordinance No. 293 read in full by Councilman Sanders, It was moved by Councilman Sanders, seconded by Councilman Farley that Ordinance No. 293 be passed and approved on first reading. Said Ordinance No. 293 reads in caption as follows: ORDINANCE NO. 293 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS REPEALING ALL AND SINGULAR, THE PROVISIONS OF ORDINANCE NO. 278, PASSED, APPROVED AND ADOPTED ON THE 12TH DAY OF ,TUNE, 1974, AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting `aye" -- Councilman Farl6y,Councilman Sanders, and Councilman Reid. Voting "no" - Councilman Griffin and Councilman Frank. Motion passed 3 to 2. Councilman Reid to work with Councilman Sanders on the draft of a new ordinance to replace Ordinance No. 278. UNFINISHED BUSINESS: SECOND AND (FINAL) READING OF ORDINANCE NO, 288, CLOSING HEARING 'ON 'SPECIAL AS`SESSMIIT: AGAINST OWNERS OF CERTAIN REAL PROPERTY ABUTTING SHADYCREST DRIVE, SHADYBEND DRI MARYS CREEK LANE EAST AND MARYS CREEK LANE WEST. Mayor McComb read a letter dated August 5, 1974 from Malcolm A. Collins, P. E., City Engineer advising that he had again inspected Shadycrest Drive and that it was his opinion that the street was substantially the same as it was at the last inspection, It was moved by Councilman Sanders, seconded by Councilman Reid that the City Council postpone the reading of Ordinance No. 288 and Ordinance No. 289 until -.such time as we have from the Engineer the information asked for. Voting "aye" -- Councilman Sanders. Voting "no" - Councilman Farley, Councilman Griffin, Councilman Reid and Councilman Frank. Motion failed 4 to 1. Ordinance No. 288 read in full by Councilman Griffin. It was moved by Councilman Griffin, seconded by Councilman Farley that Ordinance No, 288 be passed and approved on second and final reading. Said Ordinance No. 288 reads in caption as follows: ORDINANCE NO. 288 M 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, MARYS CREEK LANE EAST AND MARYS CREEK LANE WEST WITHIN THE CITY OF PEARLAND, TEXAS; FINDING AND DETERMINE 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 THE SAID - ABUTTING PROPERTIES, AND DECLARING AN EFFECTIVE DATE. Voting "aye" - Councilman Frank, Councilman Reid, Councilman Griffin, and Councilman Farley. Voting "no" - Councilman Sanders Motion passed 4 to 1. SECOND AND (FINAL) READING OF ORDINANCE NO. 289 .... .... .... �. AN ORDTNANCE ACCEPTING '.S'T,'REET ` RO'V'EM � ON SHADYCREST DRIVE, SHADYBEND DRIVE, MARYS CREEK LANE EASTAND'MARY.% CREEK'LANE WEST1— Ordinance No. 289 read in full by Mayor McComb. It was moved by Councilman Farley seconded by Councilman Grifflthat Ordinance No. 289 be passed and approved on second and final reading. Said Ordinance No. 289 reads in caption as follows: ORDINANCE NO. 289 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ACCEPTING STREET IMPROVEMENTS ON SHADYCREST DRIVE, SHADYBEND DRIVE, MARYS CREEK LANE EAST AND MARYS CREEK LANE WEST. Voting "aye" - Councilman Farley, Councilman Griffin, Councilman Reid, and Councilman Frank. Voting"no" - Councilman Sanders Motion passed 4 to 1. SECOND AND (FINAL) READING OF ORDINANCE NO. 290 c AN &;2T D TANCE OF $60,000 IN STREET IMPROVEMENT TIME WARRANTS. THE'ISSUANC Ordinance No. 290 read by Councilman Sanders, Councilman Frank and Councilman Reid. It was moved by Councilman Reid, seconded by Councilman Frank that Ordinance No. 290 be passed and approved on second and final 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 Farley, Councilman Sanders, Councilman Griffin, Councilman Reid, and Councilman Frank. Voting "no" -- None Motion passed 5 to 0. FIRST READING OF ORDINANCE NO. 291, AN ORDINANCE OF THE CITY OF PEARL -AND CLOSING THE HEARING ON SPECIAL ASSESSMENTS AGAINST OWNERS OF CERTAIN REAL PROPERTY ON TRELAWNEY DRIVE. Ordinance No. 291 read by Councilman Farley and Councilman Sanders. It was moved by Councilman Sanders, seconded by Councilman Farley that Ordinance No, 291 be passed and approved on first reading. Said Ordinance No. 291 reads in caption - as follows: ORDINANCE NO. 291 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 TRELAWNEY 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 SAID PORTIONS OF SAID PUBLIC STREET] DECLARING THE AMOUNT OF ASSESSMENT AGAINST THE SAID ABUTTING PROPERTIES, AND DECLARING AN EFFECTIVE DATE. Voting "aye" � Councilman Frank, Councilman Reid, Councilman Griffin, Councilman Sanders-, and Councilman Frank. Voting "no" - None Motion passed 5 to 0. .. ... -11 11 FIRST READING OF ORDINANCE NO, 292, AN ORDINANCE OF THE CITY OF PEARLAND ACCEPTING - STREET IMPROVEMENTS ON TRELAWNEY DRIVE: Ordinance No. 292 read in full by Mayor McComb. It was moved by Councilman Farley, seconded by Councilman Sanders that Ordinance No. 292 be passed and approved on first reading. Said Ordinance No. 292 reads in caption as follows; ORDINANCE NO. 292 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ACCEPTING STREET IMPROVEMENTS ON TRELAWNEY DRIVE. Voting "aye" - Councilman Frank, Councilman Reid, Councilman Griffin, Councilman Sanders, and Councilman Farley. Voting "no" - None Motion passed 5 to 0. FIRST AND FINAL READING OF RESOLUTION NO. 74-15, A RESOLUTION AUTHORIZING'THE'1S%SUP=E OF $5,000.00 IN STREET IMPROVEMENT TIME WARRANTS. �--' Resolution No. 74-15 read by Councilman Reid and Councilman Frank. It was moved by Councilman Frank, seconded by Councilman Farley that Resolution No. 7415 be passed and approved on first and final reading. Said Resolution No. 74-15 reads in caption as follows: RESOLUTION NO. 74-15 209 A RESOLUTION APPROVING CLAIMS FOR CONSTRUCTING PERMANENT PUBLIC IMPROVEMENTS FOR THE CITY OF PEARLAND, TEXAS TO -WIT: THE CONSTRUCTING 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"u STREET PARTICIPATION PAVING POLICY RESOLUTION NO, 71-26, AND AMENDED UNDER RESOLUTION NO. 73n5; APPROVING CLAIMS FOR MATERIALS IN CONNECTION THEREWITH; AUTHORIZING THE DELIVERY OF TIME WARRANTS FOR 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 Reid, Councilman Griffin, Councilman Sanders, and Councilman Farley. Voting "no" None Motion passed 5 to 0. OTHER BUSINESS: It was moved by Councilman Sanders, seconded by Councilman Frank that the absence of Councilman Griffin from the regular meeting held on July 22, 1974, be shown as excused absence. Motion passed 4 to 0. Councilman Griffin abstained. ADL70URN : Meeting adjourned at 10:40 P. M. Minutes approved as submitted and/'or corrected this the day of , A. D. 1974. Mayor, City of Pearland, Texas, Attest City Secreta