1974-08-26 CITY COUNCIL REGULAR MEETING MINUTES115
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON
AUGUST 26, 1974, AT 7:32 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 Reid.
APPROVAL OF MINUTES:
It was moved by Councilman Sanders, seconded by Councilman Farley that the minutes of
the regular meeting held on August 12, 1974, be approved as submitted. Motion passed
5 to 0.
It was moved by Councilman Frank, seconded by Councilman Reid that the minutes of a
Public Hearing held on August 13, 1974, be approved as submitted. Motion passed 5 to 0.
It was moved by Councilman Griffin, seconded by Councilman Sanders that the minutes of
a Public Hearing on the Budget held on August 21, 1974, be approved as submitted. Motion
passed 4 to 0. Councilman Reid abstained.
MAYOR'S ACTIVITY REPORT:
Mayor McComb read a letter dated August 20, 1974p=,fr6m Ann-Reban, Certification Program
Director, North Texas University Center for Community Services, advising that Dorothy
Cook has completed her Certification Program as a Texas Municipal Secretary..
COUNCIL ACTIVITY REPORTS:
Councilman Griffin reported that the Pearland Texans Little League Football Team has been
invited to play an exhibition game in the Astrodome on August 28, 1974.
DEPARTMENTAL REPORTS: None
CITIZENS:
1. Dante L. De Marco requested time to speak in rebuttal if anyone appeared
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before the City Council to speak for the approval of Application No. 10
of the Land Use Ordinance, however, since no individual spoke for the
approval, Mr. De Marco did not speak.
ME
DOCKETED PUBLIC HEARINGS: None
UNFINISHED BUSINESS:
FORMAL ACCEPTANCE BY THE CITY COUNCIL OF THE DEED TO THE OLD SETTLERS CEMETERY:
It was moved by Councilman Farley, seconded by Councilman Sanders that the City formally
accept the Quit Claim Deed of Berry Miller, Sr., executed on the 10th day of July, 1974,
indicating our intent to maintain and operate the original townsite(cemetery originally
set aside as a City Cemetery in 1897) in the manner set forth by the original founders.
Motion passed 5 to 0.
APPLICATION NO. 10 - REQUEST BY FRANK BARRINGER FOR AMENDMENT TO LAND USE ORDINANCE,
PD TO MF ..12 ACRES, PD TO NS..6 ACRES; PD TO REMAIN UNCHANGED ..36.2755 ACRES,
LOCATED IN ABSTRACT 237, PART OF LOTS 9 AND 10:
It was moved by Councilman Reid, seconded by Councilman Griffin that Application No. 10,
request by Frank Barringer, for amendment to Land Use Ordinance be declined. Motion
passed 5 to 0.
BIG CHIEF SEPTIC TANK SERVICE REQUEST FOR PERMISSION TO DUMP SEPTIC TANK WASTE -'.'AND - SEWER
GREASE INTO TREATMENT PLANT:
City Manager Wolff advised that our North End Sewage Plant could handle this effluent. He
estimated that the cost to be in the neighborhood of $6.00 per 1,000 gallons and suggested
that a figure of $7.50 per 1,000 gallons be charged. After a discussion by the Council
of the cost and time limit to be allowed under an agreement with Big Chief,the following
motion was made:
It was moved by Councilman Griffin, seconded by Councilman Frank that we allow Big
Chief Septic Tank Service to dump effluent into the North End Sewer Plant and such
agreement to be on a day to day basis at a rate of $10.00 per 1,000 gallons, with right
to terminate this agreement at any time without cause.
NEW BUSINESS:
OPENING OF BIDS - POLICE CAR BIDS - 74-8:
Bids opened as follows:
Vendor
Kind of Automobile
River Oaks (3) 1975 Plymouth Gran
Chrysler Plymouth Fury Custom 4 Dr Sedans
Bud Brown Ford, LTD (1) 1974 Ford Custom 500
Pasadena Dodge
Center, Inc.
(3) Automobiles
Dodgei #3389
Dodge #3379
Dodge #3398
Price
Motion passed 5 to 0.
$3761.95 ea
11,285.00 total
$4057.00
4414.00
4766.00
4336.00
Other Information
Subject to price
increases after
June 1, 1974
price list
It was moved by Councilman Sanders, seconded by Councilman Farley that the bids be
received into the records of the City and all rejected since none are in compliance with
bid specifications. Motion passed 3 to 2. Councilman Griffin and Councilman Frank
opposed.
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ACQUISITION OF RIGHT OF WAY - MYKAWA ROAD:
This item to be passed at this meeting. To be placed on the Agenda of the next regular
meeting.
DIXIE FARM ROAD - AIR QUALITY CONTROL BOARD COMPLAINT;
Mayor McComb advised the Council that he discussed the complaint against the City with
Mr. Gene Speller and James N. Tarr of the Air Quality Control Board and was advised
that if we would make a written request that the names of the people complaining about
the dust would be furnished to the City. Also, that this Board only acts on complaints
registered and does not go out seeking areas of non-compliance.
Mayor McComb.read a report from Coenco, Inc., City Engineers, with reference -to the cost
of improvement on this road. The total preliminary cost would be $54,703.22 with
Administrative, Engineering and Contingencies $8,206.78, Total Estimated Cost to
be $62,910.00. Date of Report - August 23, 1974.
It was moved by Councilman Sanders, seconded by Councilman Griffin that the report from
the City Engineer concerning Dixie Farm Road, dated August 23, 1974, be received into
the City.records,.and that no further action be taken on this matter until such time
as the developments with the State are finalized. The Mayor is requested to write a
letter to the Air Quality Board asking them to supply us with the names of the pe6.ple
who complained. Motion passed 5 to 0.
RETURN OF DEPOT TO CITY BY GARDEN CLUB:
Mayor McComb read a letter from the Pearland Garden Club dated (no datel regarding
the termination of a Lease Agreement for the Depot Building. City Attorney Bobby Williams
advised that he would write a letter acknowledging receipt of the Garden Clubs request
for termination of the contract. Formal termination of the contract to be placed on
the next regular agenda.
It was moved by Councilman Reid, seconded by Councilman Farley that we accept the letter
terminating the lease agreement between the Pearland Garden Club and the City, of.
Pearland and the letter be accepted into the City records. Motion passed 5 to 0.
NEW BUSINESS: (CONTINUED)
.APPOINTMENT TO FILL VACANCY ON ZONING BOARD OF ADJUSTMENT:
Mayor McComb read a letter from James G. Gose dated August 22, 1974 advising that due to
a recent light heart attack he would be unable to serve on the Zoning Board of Adjustment.
It was moved by Councilman Frank, seconded by Councilman Griffin that we accept the
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resignation of James G. Gose from the Zoning Board of Adjustment, and that a letter be
sent to Mr. Gose thanking him for his service to the City. Motion passed 5 to 0.
It was moved by Councilman Reid, seconded by Councilman Frank that Tommy Scott be appointed
to fill the unexpired term of James G. Gose on the Zoning Board of Adjustment. Motion
passed 5 to 0.
Mayor McComb administered the Oath of Office to Tommy Scott.
MEETING RECESSED AT 8:45 P. M. - RECONVENED AT 9:02 P. M.
REQUEST FOR SPECIFIC USE PERMIT - PEARLAND ASSOCIATION FOR RETARDED CITIZENS:
Mayor McComb read a letter from the Planning and Zoning Commission recommending that the
City Council approve a specific use permit for the Pearland Association of Retarded Citizens.
This association plans to utilize the buildings now existing on three acres of property
at 2515 East Broadway. Mr. Harold Wilson of the Pearland Association of Retarded Children
was present and answered questions by the City Council regarding the operation of this
project.
It was moved by Councilman Sanders, seconded by Councilman Griffin that a specific use
permit at 2515 East Broadway, as requested by the Pearland Association of Retarded Children,
and as approved by the Planning and Zoning Commission,;be approved by the City Council.
Motion passed 5 to 0.
UNFINISHED BUSINESS: (CONTINUED)
AN<'ORDINANCE OF THE CITY OF PEARLAND CLOSING THE HEARING ON TRELAWNEY DRIVE:
Ordinance No. 291 read in full by Councilman Griffin. (Second and final reading)
It was moved by Councilman Griffin, seconded by Councilman Sanders that Ordinance No. 291
be passed and approved on second and final reading. Said Ordinance No. 291 reads in
caption as follows:
ORDINANCE NO, 291
AN ORDINANCE OF THE CITYOF PEARLAND, TEXAS, CLOSING
THE HEARING ON SPECIAL ASSSESSMENT AGAINST THE OWNERS
OF CERTAIN REAL PROPERTY ABUTTING CERTAIN PORTIONS
OF TRELAWNEY DRIVE WITHIN THE CITY OF PEARLAND, TEXAS'l
FINDING AND DETERMINING THE SPECIAL BENEFITS TO EACK
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.
y
Voting "aye" - Councilman Frank, Councilman Reid, Councilman Griffin, Councilman Sanders,
and Councilman Farley.
Voting "no" - None
Motion passed 5 to 0.
AN ORDINANCE OF THE CITY OF PEARLAND ACCEPTING STREET IMPROVEMENTS ON'TRELAWNEY DRIVE:
Ordinance No. 292 read in full by Mayor McComb. (Second and final reading)
It was moved by Councilman Sanders, seconded by Councilman Griffin that Ordinance
No. 292 be passed and approved on second and final 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 Farley, Councilman Sanders, Councilman Griffin, Councilman Reid,
and Councilman Frank.
119
Voting "no" - None
Motion passed 5 to 0.
ORDINANCE NO. 293 - REPEALING ORDINANCE NO. 278 - BUILDING LINES ORDINANCE:
It was moved by Councilman Sanders, seconded by Councilman Griffin that ordinance No. 293
not be read in second and final reading until such time as an ordinance replacing it
r-- -"specifying the intent of the City Council more clearly be drafted, and
and should the existence of Ordinance No. 278 present problems to anticipated construction
in that interim, consideration be given to amending Ordinance No. 278 to alleviate such
problems. Motion passed 5 to 0.
NEW BUSINESS: (CONTINUED)
APPROVAL OF TAX ROLL FOR 1974:
It was moved by Councilman Sanders, seconded by Councilman Frank that the Tax Roll for
1974 as submitted by the Tax Assessor and Collector be accepted,and entered into the
records of the City. The following is the assessed values for 1974 Tax Year:
Certified by James 0. DeShazer on August 15, 1974.
LAND $ 17,387,731
IMPROVEMENTS 30,579,036
PERSONAL PROPERTY 60290,315
$ 54,257,082
Motion passed 5 to 0.
It was moved by Councilman Frank, seconded by Councilman Griffin that the Board of
Equalizationsxta &ata�4n. Q the 19,74 � Tox . Rgll;.-be ac e�ate�i r and, entered into the
records of the City. Motion passed 5 to 0.
FIRST READING OF ORDINANCE NO. 294 - AN ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 1974 AND ENDING SEPTEMBER 30, 1975:
Ordinance No. 294 read by Councilman Sanders. (First Reading)
It was moved by Councilman Sanders, seconded by Councilman Farley that Ordinance No. 294
be passed and approved on first reading. Said Ordinance No. 294 reads in caption as
follows:
ORDINANCE NO.294
AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR
THE FISCAL YEAR BEGINNING OCTOBER 1, 1974, AND
ENDING SEPTEMBER 30, 1975.
Voting "aye" - Councilman Frank, Councilman Reid, Councilman Griffin, Councilman. Sanders,
and Councilman Farley.
Voting "no" - none
Motion passed 5 to 0.
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FIRST READING OF ORDINANCE NO. 295 - AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT
OF THE :MUNICIPAL GOVERNMENT FOR TAXABLE YEAR 1974:
Ordinance No. 295 read in full by Councilman Farley. (First Reading)
It was moved by Councilman Farley, seconded by Councilman Reid that Ordinance No. 295
be passed and approved on first reading as SaPPla V dinance No. 295 reads in caption a, -a
follows:
ORDINANCE NO. 295
AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT
OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLANDr
TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING
FUND FOR THE TAXABLE YEAR 1974, AND APPORTIONING EACH
LEVY FOR THE SPECIFIC PURPOSE.
(a) For the .,maintenance and support of the General
Government (General Fund), the sum of $0.910 on each
$100.00 Dollar Valuation of property, and
(b) For the Interest and Sinking Fund, the sum of
$0. 390 on each $100.00 Dollar Valuation of property.
Tax Levy $1.30 on each $100.00 valuation.
Voting "aye" - Councilman Farley, Councilman Sanders, Councilman Griffin, Councilman
Reid, and Councilman Frank.
Voting "no" - None
Motion passed 5 to 0.
ORDINANCE NO. 296 - AN ORDINANCE FIXING THE MAXIMUM SCHEDULES OF RATES TO BE CHARGED
BY ENTEX, INC.:
It was moved by Councilman Griffinf seconded by Councilman Parley that Ordinance No. 296
not be approved due to unacceptability of the terms of such ordinance, further, that the
application for rate increase be denied Entex, Inc., on the basis of not providing
acceptable evidential matter for such a determination to be made. Motion passed 4 to 1.
Councilman Reid opposed.
OTHER BUSINESS: None
ADJOURN: Meeting adjourned 10:10 P. M.
Mintues approved as read and/or corrected this the _�?_ day of��
A. D. 1974.
Mayor, City of Pearland
Attest:
City Secretary