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1974-11-11 CITY COUNCIL REGULAR MEETING MINUTES150 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 11, 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 Councilman Councilman Councilman Councilman Councilman City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: Carlton McComb Cecil W. Griffin Gene E. Sanders Harry Farley Tom Reid Benny J. Frank William E. Wolff Bobby J. Williams Dorothy L. Cook The invocation was given by the Rev. Louie White, Minister of the Church of Christ in Pearland. The Pledge of Allegiance was led by Mr. L. C. Watkins. APPROVAL OF MINUTES: It was moved by Councilman Sanders, seconded by Councilman Reid that the minutes of the meeting of October 21, 1974, be approved as submitted. Motion passed 4 to 0. Council-..,--, man Farley abstained. It was moved by Councilman Farley, seconded by Councilman Reid that the minutes of special meeting of November 4, 1974 be approved as submitted. Motion passed 3 to 0. Councilman.Sanders and Councilman Frank abstained. MAYOR'S ACTIVITY REPORT: Mayor McComb reported on the Public Hearing held in League City by the Corps of Engineers on the Clear Creek Rectification Project. Mayor McComb reported that every City on the Creek,with the exception of Nassau Bay,who took a passive stand , endorsed the project. The project that was endorsed was the "Updated Authorized Plan." The Mayor reported that a group of environmentalists spoke against this project. Councilman Farley commended the Mayor for his presentation at this Hearing. Councilman" fff Farley stated that one of the reasons that this project has taken so long consideration is because the municipalities along the creek have taken due and cautious/of the environmental impact of the reclamation of the creek in the area that floods. COUNCIL ACTIVITY REPORTS: Councilman Frank reported that we have received the appraisal from the Texas Park and Wildlife and they advised it has been approved as to content. The individuals have been N contacted who own the property we are considering buying for a pari and by the next meeting we should have their asking price for the property. Councilman Griffin reported that he met with the City of Alvin last Thursday, November 7, 1974, regarding the joint landfill. He advised the Council that he would have r something to report to the Council shortly on this project. This would be on the sharing and operating costs of the landfill. P_ Councilman Griffin reported that he met with the Auditors and reviewed the status of the audit and projected financial statements. The audit should be completed by the end of the week and the audited financial statements should be in the hands of the Council by the first meeting in December. Councilman Sanders reported that we are over our last hurdle on securing right of way for the Mykawa Road sewer line. Councilman Sanders suggested that the Engineer prepare necessary documents to place this project out for bids. Councilman Sanders referred to Arthur Jones, Jr. appearing before the City Council on October 21, 1974, wherein he discussed with the Council audience participation on subjects under -discussion by the Council. Councilman Sanders offered the following motion: It was moved by Councilman Sanders, seconded by Councilman Griffin that the Council commend private citizen Art Jones for his appearance before the City Council and his overall interest in governmental affairs. Motion passsed 5 to 0. DEPARTMENTAL REPORTS: None DOCKETED PUBLIC HEARINGS: None CHANGE IN ORDER OF BUSINESS: NEW BUSINESS: BID NO. B74-11 - (3) PICKUP TRUCKS FOR WATER AND SEWER DEPARTMENT: Bids opened as follows: VENDOR 1975 MAKE MODEL PRICE ALLOWANCE TRADE INS Bud Brown Ford Ford F 100 (3) $10,332.84 $ 1,300.00 Jay Marks Chevrolet CS10703 (3) 10,438.17 1,000.00 Pearson Chev. Chevrolet CC 10703 (3) 10,324.38 800.00 International Harvester International 150 (3) 10,718.88 850.00 Bids referred to Public Works Director Harris for tabulation and recommendation. 152 CHANGE IN ORDER OF BUSINESS: UNFINISHED BUSINESS: ORDINANCE NO. 293 - AN ORDINANCE REPEALING ORDINANCE NO. 278: Ordinance No. 293 read in full by Mayor McComb. (Second reading) It was moved by Councilman Reid, seconded by Councilman Frank that Ordinance No. 293 be passed and approved on second and final 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 JUNE 1974, 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. APPLICATION NO. 12 - MAX KRUEMCKE, JR: (1.15 acres, out of Lot 29, Abstract 232). City Attorney Bobby Williams advised that he and Dennis Frauenberger reviewed together the Planning & Zoning Ordinance,and as a result of this meeting felt that procedures have been followed which meet the overall requirements of the ordinance. The application is timely, it has been presented in detail sufficient for the Council to hear the application. This request for change of 115 acres is part of a sole ownership situation of which the other acreage is M-1 classification, and Mr. Williams advised that this application is within the confines of the ordinance and in all respects meets the qualifications. Mayor McComb read into the records a letter dated November 8, 1974 from Dennis Frauenberger, Chairman of the Planning and Zoning Commission wherein the Commission recommended that the City Council act on the recommendation of the Planning Commission to permit this change in zoning. It was moved by Councilman Farley, seconded by Councilman Frank that the City Council accept the report of Planning and Zoning Commission dated November 8, 1974, into the records. Motion passed 5 to 0. It was moved by Councilman Farley, seconded by Councilman Reid that Mr. Max Kruemcke, Jr.'s parcel of land , Application No. 12, for a change in zoning from PU to M1 be granted as requested. This being 1.15 acres of 21.44 acres, being Lot 29, of the W. Zychlinski Subdivision, Section 3, of the H. T. & B. R. R. Survey, Abstract 232. Also, that ordinance reflecting this change be drawn up for consideration by the City Council at the next regular meeting. Motion passed 5 to 0. The City Attorney was requested to prepare proper ordinance with the inclusion that this action is being taken as a curative measure in a unique and non -precedent situation. r— SPECIAL USE PERMIT - CHARLES NEWMAN: Mayor McComb read a letter dated November 8, 1974 from Dennis M. Frauenberger, Planning and Zoning Commission Chairmanfwherein he advised that the Commission voted 5 to 0 to recommend that a Special Use Permit be granted to Charles E. Newman for construction of mini -storage warehouse units on Lot 11, Block E, Old Townsite. Also, the Commission recommended that the permit stipulate that one hour fire retardant construction be used if the proposed warehouse buildings are built closer than five (5) feet to the side lines of lots of different property ownership. Mayor McComb called for a recess at 8:25 P. M. - Meeting reconvened at 8:40 P. M. It was moved by Councilman Frank, seconded by Councilman Reid that this Special Use I— Permit request be placed on the next agenda after the Building Inspector receives the plans and specifications of this permitforreview. Motion passed 5 to 0. The City Attorney to brief the law on whether or not there is a time limit on use a& granted by a Special Use Permit. NEW BUSINESS: LIBRARY BOARD: Mayor McComb read a letter dated November 1, 1974, from R. J. Novosad resigning as a stated member of the Library Board. Mr. Novosad /that his reason for resigning was due to change of employment and eventual move out of the City. It was moved by Councilman Farley, seconded by Councilman Reid that the resignation of -- R. J. Novosad be accepted with regrets. Motion passed 5 to 0. Letter of appreciation to be sent to Mr. Novosad for his service to the City. It was moved by Councilman Sanders, seconded by Councilman Reid that Arthur Jones, Jr. be appointed to the Library Board to fill the unexpired term of R. J. Novosad. Motion passed 5 to 0. BEAUTIFICATION BOARD: M Mayor McComb read a letter of resignation from Mrs. Rosalie Miller as a member of the Improvement and Beautification Board. It was moved by Councilman Griffin, seconded by Councilman Farley that the resignation of Mrs. Rosalie Miller as a member of the Improvement and Beautification Board be accepted with regrets. Motion passed 5 to 0. It was moved by Councilman Griffin, seconded by Councilman Sanders that Jeanette Kubasik be appointed to the Improvement and Beautification Board to fill the unexpired term of Mrs. Rosalie Miller. Motion passed 5 to 0. Letter of appreciation to be sent to Mrs. Miller for her service to the City. AWARD OF BIDS - (3) PICK-UP TRUCKS BID NO. B74- 11: Public Works Director Harris recommended that the bid be awarded to Bud Brown Ford, Ltd. It was moved by Councilman Farley, seconded by Councilman Frank that Bid No. B74-11 be awarded to Bud Brown Ford, Ltd. as the lowest and best bid as recommended by Public Works Director Harris. The cost of the three trucks to be $10,332.84 less $1,300.00 trade-in for a net cost of $9,032.84,and that the budget be adjusted accordingly. Motion passed 5 to 0. ASSISTANT HEALTH OFFICER: City Manager Wolff recommended the appointment of Roger Caldwalder, D. V. M. as Assistant Health Officer. Mr. Wolff advised that Dr. Armbruster concurred with this recommendation. Mr. Wolff advised that he felt that Dr. Caldwalders' salary could be paid out of the Inspection Department Budget. It was moved by Councilman Griffin, seconded by Councilman Frank that Roger Caldwalder, D. V. M. be appointed as Assistant Health Officer for the City of Pearland. Motion passed 5 to 0. Dr. Caldwalders term of office to expire concurrently with Dr. Armbruster's term. It was moved by Councilman Griffin, seconded by Councilman Frank that a salary of $200.00 per month be paid to Dr. Caldwalder for his services. Motion passed 5 to 0. TRAFFIC CONTROL DEVICES - NO. 21 and NO. 22: City Attorney Williams read the Acting Traffic Engineer's report No. 21 on the erection of one stop sign to be located facing north on Woodcreek Drive, for traffic to stop before entering onto FM 518 (Broadway). Date of filing of Report No. 21, October 22, 1974. Also, City Attorney Williams read the Acting Traffic Engineer's report No. 22 on the erection of one stop sign to be located facing west on Washington - Irving Drive for traffic to stop before entering onto Woodcreek Drive. Date of filing um of Report No. 22, October 21, 1974. It was moved by Councilman Farley, seconded by Councilman Reid that we accept into the records the Acting Traffic Engineer's Reports Nos. 21 and 22 and that we approve the installation of the devices named in these reports, and that said traffic control _ devices be affirmed and ratified and the same is hereby officially declared to be official traffic devices for the City of Pearland. Motion passed 5 to 0. ORDINANCE NO. 297 - BUILDING LINES: Ordinance No. 297 read in full by Councilman Sanders. It was moved by Councilman Reid, seconded by Councilman Sanders that Ordinance No. 297 be passed and approved as corrected on first reading. Said Ordinance No. 297 reads in caption as follows: ORDINANCE NO. 297 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, TEXAS; APPROVING THE LOCATIONS THEREOF; DIRECTING THAT THE BUILDING PERMITS NOT TO r—� BE ISSUED FOR ANY WORK WITHIN SUCH BUILDING LINES; CONTAINING OTHER PROVISIONS RELATING TO ANY STRUCTURES WITHIN SAID BUILDING LINES; DIRECTING THAT A CERTIFIED COPY OF THIS INSTRUMENT BE FILED FOR RECORD; 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. CAPITAL IMPROVEMENT PROGRAMS: Councilman Griffin recommended a Capital Improvement Program of $655,000 to $805,000 to the City Council. This program would include money for park, landfill, water well site and sewer and water extensions to areas of the City. Councilman Griffin suggested that the program should be financed through Certificates of Obligation or Time Warrants, either of which could be refinanced through a bond issue at a later date. OTHER BUSINESS: None EXECUTIVE SESSION: Mayor McComb called the executive session under Section 2, Subsection g of the Open Meetings Law. Time 9:30 P. M. RECONVENED REGULAR MEETING 10:50 - NO ACTION AS A RESULT OF EXECUTIVE SESSION. 1.56 ADJOURN: Meeting adjourned at 10:52 P. M. Minutes approved as read and/or corrected this the day of�,��_,ne2 A. D. 1974. ATTEST: City Secretary Mayor