1974-09-09 CITY COUNCIL REGULAR MEETING MINUTES125
nINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD
ON SEPTEMBER 9, 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
r— Councilman
Harry Farley
Councilman
Gene E. Sanders
Councilman
Tom Reid
Councilman
Benny J. Frank
City Manager
William E. Wolff
City Attorney
Bobby Williams
City Secretary
Dorothy L. Cook
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INVOCATION AND PLEDGE OF ALLEGIANCE;
The invocation was given by Rev. Art Jones, Council Chaplain, The Pledge of Allegiance
was led by Councilman Sanders.
APPROVAL OF MINUTES:
it was moved by Councilman Reid, seconded by Councilman Sanders that the minutes of the
regular meeting held on August 26, 1974, be approved as submitted. Motion passed 5 to 0,
r^
It was moved by Councilman Frank, seconded by Councilman Farley thAt the minutes of the ;
special meeting held on August 29, 1974, be approved as submitted, Motion passed 5 to 0,
It was moved by Councilman Farley, seconded by Councilman Frank that the minutes of the
public hearing held on September 4, 1974, be approved as submitted. Motion passed 5 to 0,
It was moved by Councilman Sanders, seconded by Councilman Reid that the minutes of the
public hearing held on September 4, 1974, at 8:40 P. M. be approved as submitted. Motion
passed 5 to O.
MAYOR'S ACTIVITY REPORT:
Mayor McComb issued a Proclamation for the weeks of September 16th through September 27th
as Pearland P. T. A. Membership Drive Weeks in Pearland.
Mayor McComb reported that on August 22, 1974 the_Environmental Protection Agency held
hearings on proposals for 7 county Air Quality Maintenance Region toward imposing land use
controls and limiting growth if the air quality might deteriorate. The Houston Chamber
of Commerce found out about this meeting on August 14, 1974 and they mailed out an Action
Alert to everyone and asked people to attend. Due to the mails, we did not get out
letter until August 19, therefore, we did not have time to prepare for the Hearing. We
submitted a letter on August 21, 1974, to Arthur W. Busch, Regional Administrator, United
States Protection Agency protesting the insufficiency of notice of the hearing and
asking the E. P. A. to work with and not against the Texas Air Quality Board. Copy of
this letter was sent to Senator Pentgen, Congressman Casey, and the Air Control Board.
Mayor McComb read a letter of reply from Senator Bentsen advising that he had contacted
E. P. A. officials regarding the delay in notifying people of this meeting. Mayor
McComb asked the citizens to write their representatives protesting this type of action
by the E. P. A.
It was moved by Councilman Sanders, seconded by Councilman Farley that the Houston Chamber
of Commerce and Louie Welsch be commended for getting the word to the City on the meeting
and express out appreciation to them. Motion passed 5 to 0.
It was moved by Councilman Sanders, seconded by Councilman Griffin that the City Council
endorse the Mayor's letter to the E. P. A. dated August 21, 1974. Motion passed 5 to 0.
COUNCIL ACTIVITY REPORTS:
POLICE STATION:
Councilman Frank reported that our new construction was 100% complete, with the exception
of some painting.
1. KNAPP ROAD A.T. & S. F. CROSSING:
Councilman Sanders presented a check from Brookside Village for $954.49 representing 50%
of the City's cost for the installation of the signals. Mayor Carter requested Councilman
Sanders to deliver this check to the City of Pearland. Mayor McComb advised that a letter
would be sent to Mayor Carter thanking them for sending in Brookside's portion of the cost.
DEPARTMENTAL REPORTS: None
CITIZENS: None
DOCKETED PUBLIC HEARINGS: None
Mayor McComb left the room at 7:55 P. M. - Mayor_.Pxo Tem Griffin in the chair.
Section 2
Mayor Pro Tem Griffin called Executive Session - Subsection e, Open Meetings Law -
Consultation with Attorney - Pending litigation.
RECESSED: 7:56 P. M. - RECONVENED: 8:20 P. M.
No action at this time as a result of Executive Session.
UNFINISHED BUSINESS:
APPLICATION NO. 11 - JERRY W. RAWLS -- REQUEST FOR CHANGE IN LAND USE ORDINANCE:PU TO COMMERCIAL:
It was moved by Councilman Frank, seconded by Councilman Sanders that Application No. 11
Jerry W. Rawls': request for change in land use from PU to Commercial be denied. Motion
passed 5 to 0.
APPLICATION NO. 12 - MAX KRUEMCKE, JR. REQUEST FOR CHANGE IN LAND USE ORDINANCE PU TO MI:
It was moved by Councilman Reid, seconded by Councilman Frank that Application No. 12
be referred back to the Planning and Zoning Commission to require that a Developer's Plan
be submitted as part of their application for a zoning change in accordance with Article
II, 6.9, Section 2 of the Land Use and Urban Development Ordinance. Motion passed
5 to 0.
TERMINATION OF LEASE AGREEMENT WITH PEARLAND GARDEN CLUB FOR DEPOT BUILDING:
Mayor Pro Tem Griffin read a letter addressed to Mrs. Robert Darney, President of the
Pearland GArden Club, dated September 4, 1974, from Mayor McComb advising that the City
concurs with the voluntary termination of the Agreement dated February 20, 1973 between
the City of Pearland and the Pearland Garden Club covering the lease of the Depot building.
1L7
Receipt of this letter was acknowledged by Mrs. Robert D. Darney, President of the Pearland
Garden Club.
It was.moved by Councilman Sanders, seconded by Councilman Reid that the letter from Mayor
Carlton McComb to Mrs. Robert Darney, President of the Pearland Garden Club dated September
4, 1974, and countersigned by Mrs. Darney on September 6, 1974, be received into the
City records. Motion passed 5 to 0.
ENTEX, INC. — REQUEST FOR RATE INCREASE:
Mayor Pro Tem Griffin advised that he had talked with Mr. Pack of Entex and advised him
that Entex's request for a rate increase,or form of passing on cost, without further action
was ultimately rejected by the City Council. This after a Public Hearing and further
discussion by the City Council. Their only basis for a rate increase is that their
gate is less than the Houston Natural Gas Company. Mayor Pro Tem Griffin stated that in
his opinion we could do nothing further on this matter except through action of the City
Council,after a Public Hearing and submission of evidence by Entex of proper data
required by state law and set by the courts.
City Attorney Williams advised that a letter should be sent to Entex setting forth the
thoughts of the City Council with reference to this particular item, along with a directive
to them to supply the City Council with information the Council desires, prior to a public
hearing.
It -,was moved by Councilman Reid, seconded by Councilman Farley that we draft a letter to
Entex specifying our requirements to them prior to any change in.rates in the City.
Motion passed 5 to O.
M&yor`_'Pro Tem Griffin to draft the letter to Entex.
SECOND AND (FINAL) READING - ORDINANCE NO. 294 - AN APPROPRIATION ORDINANCE ADOPTING A BUDGET
FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1974, AND ENDING SEPTEMBER 30, 1975:
Ordinance No. 294 read in full by Mayor Pro Tem Griffin.
It was moved.by Councilman Farley, seconded by Councilman Reid that Ordnance No. 294
be passed and approved on second and final 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 Farley, Councilman Sanders,
and Councilman Griffin.
Voting "no" n None
Motion passed 5 to 0.
SECOND AND (FINAL) READING - ORDINANCE NO. 295 ^ AN ORDINANCE LEVYING TAXES FOR THE USE AND
SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND FOR THE TAXABLE YEAR 1974:
Ordinance No. 295 read in full by Mayor Pro Tem Griffin.
It was moved by Councilman Sanders, seconded by Councilman Frank that Ordinance No, 295
be passed and approved on`second and final reading. Said Ordinance No. 295 reads in
caption as follows:
ORDINANCE NO. 295
AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT
OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND
TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND
FOR THE TAXABLE YEAR 1974 AND APPORTIONING EACH LEVY
FOR THE SPECIFIC PURPOSES.
Voting "aye" Councilman Farley, Councilman Sanders, Councilman Reide Councilman Frankr
and Councilman Griffin.
Voting "no" - none
Motion passed 5 to 0.
NEW BUSINESS:
OFFICIAL NEWSPAPER FOR THE CITY OF PEARLAND:
It was moved by Councilman Sanders, seconded by Councilman Reid that the City Secretary
be directed to send letters to all newspapers with general circulation within the City
asking for quotations on cost of printing legal notices for the City. Quotation should
indicate general circulation and manner of distribution. Also, that reply to request
for quotations be received so that the Council may act on proposals at the next regular
meeting. Motion passed 5 to 0.
RESOLUTION N0, 74-17, A RESOLUTION APPROVING CLAIMS FOR CONSTRUCTING PERMANENT PUBLIC
RC?VENlENTS FAST CIRCLE DRIVE - TIME WARRANTS 4 THROUGH 11;
Resolution No. 74-17 read in full by Councilman Griffin.
It was moved by Councilman Reid, seconded by Councilman Farley that Resolution No. 74-17
be passed and approved on first and final reading. Said Resolution NO. 74-17 reads
in caption as follows:
RESOLUTION NO. 74-17
A RESOLUTION APPROVING CLAIMS FOR CONSTRUCTING PERMANENT
PUBLIC IMPROVEMENTS FOR THE CITY OF PEARLAND, TEXAS, TO -WITH:
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'S
STREET PARRTICIPATION PAVING POLICY RESOLUTION NO. 71-26, AND
AMENDED UNDER RESOLUTION NO. 73-5, APPROVING CLAIMS FOR MATERIALS
IN CONNECTION THEREWITH; AUTHORIZING THE DELIVERY OF TIME
WARRANTS FOR THE PAYMENT OF SUCH CLAIMS; CONTAINING OTHER
PROVISIONS RELATING TO THE SUBJECT; AND PROVIDING THAT THIS
RESOLUTION SHALL BE EFFECTIVE UPON AND AFTER ITS ADOPTION.
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Voting "aye" - Councilman Frank, Councilman Reid, Councilman Farley, Councilman Sanders,
and Councilman Griffin.
Voting "no" - None
Motion passed 5 to 0.
ADJOURN:
I
— Meeting adjourned at 9:00 P. M.
Minutes approved as,submitted and/or corrected this the 3 day of zo - �_pii✓ 1
A. D. 1974.
Mayor
ATTEST:
�"' City Secretary