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1974-11-25 CITY COUNCIL REGULAR MEETING MINUTESRM MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 25, 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 City Manager City Attorney City Secretary Carlton McComb Cecil W. Griffin (Entered 7:50 P. M.) Harry Farley Tom Reid Benny J. Frank William E. Wolff Bobby J. Williams Dorothy L. Cook Absent from the meeting: Councilman Gene E. Sanders INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Council Chaplain, Art Jones. The Pledge of Allegiance was led by City Attorney Bobby J. Williams. APPROVAL OF MINUTES: It was moved by Councilman Reid, seconded by Councilman Frank that the minutes of the regular meeting held on November 11, 1974 be approved as submitted. Motion passed 3 to 0. MAYOR'S ACTIVITY REPORT: CLEAR CREEK RECTIFICATION PROJECT: Mayor McComb reported that the results of the Public Meeting held in League City on the "Updated Authorized Plan" was that the Corps of Engineers felt that there was ample political support but not enough public support for the plan. He advised that the Mayor of Friendswood was starting a campaign to muster public support for the project and that here in Pearland a program has been started through the Civic Club presidents and others in the community for support of the Updated Authorized Plan. Mayor Carter of Brookside has indicated his concurrance with this proposed Plan. DIXIE FARM ROAD: Mayor McComb read a letter from Bill Stewart, P. E., Director of Control and Prevention, Air Control Board regarding dust emissions from Dixie Farm Road. He advised that they have contacted the residents adversely affected by dust from this road and that they have expressed a desire that the necessary controls be implemented to abate the • �� dust problem. A list of ninenames was attached to the letter enumerating the people who have complained to the Board about this road. Mayor McComb requested that this item be placed on the next regular agenda. COUNCIL ACTIVITY REPORTS: None DEPARTMENTAL REPORTS: None DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: LIBRARY BOARD - OATH OF OFFICE TO ARTHUR JONES, JR.: Mayor McComb administered the Oath of Office to Arthur Jones, Jr. as a member of the Library Board to fill the unexpired term of R. J. Novosad. ORDINANCE NO. 297 - AN ORDINANCE ESTABLISHING BUILDING LINES: Ordinance No. 297 read in full by Councilman Reid. (Second reading) It was moved by Councilman Reid, seconded by Councilman Frank that Ordinance No. 297 be passed and approved as read on second and final 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 CITY LIMITS OF THE CITY OF PEARLAND, TEXAS; APPROVING THE LOCATIONS THEREOF; DIRECTING THAT BUILDING PERMITS NOT TO BE ISSUED FOR ANY WORK WITHIN SUCH BUILDING LINES; CONTAINING CERTAIN OTHER PROVISIONS RELATING TO ANY EXISTING 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 Griffin, Councilman Reid, and Councilman Frank. Voting "no" - None Motion passed 4 to 0. REQUEST FOR CHANGE IN ZONING - GILBERT LEACH - ABSTRACT 543 AND 232: Mayor McComb read a letter dated November 22, 1974 from Dennis Frauenberger, Chairman of the Planning & Zoning Commission advising that in a meeting of the Commission on November 19, 1974, it was the unanimous decision of all members of the Planning Commission that they recommend to the City Council approval of Application 13 on the Gilbert Leach property. It was moved by Councilman Farley, seconded by Councilman Griffin that a Public Hearing be called by the City Council for consideration of the requested change as shown in Application 13 - Gilbert Leach in the Land Use and Urban Development Ordinance on December 23, 1974 under Docketed Public Hearings of the regular agenda. 4 to 0. MEETING RECESSED 8:10 P. M. - RECONVENED 8:20 P. M. SLEEPY HOLLOW SUBDIVISION STREETS: 159 Motion passed Mayor McComb acknowledged receipt of a Petition from residents of Sleepy Hollow Subdivision asking that the Developer of Sleepy Hollow Subdivision fulfill his obligation by paving the unpaved portions of Washington Irving, Woodcreek, and Sleepy Hollow Drive. This Petition was signed by 67 residents of the subdivision. Mayor McComb requested that this matter be placed on the next agenda as the City was attempting to work out some arrangement with the developer on this matter. It was moved by Councilman Farley, seconded by Councilman Griffin that we accept this Petition into the records of the City. Motion passed 4 to 0. PETITION - CREATION OF UNDERGROUND WATER CONSERVATION DISTRICT: Mayor McComb read a letter dated November 12, 1974, from Attorney General John L. Hill regarding the problem of land subsidence in the Harris County area. He advised that there is presently no entity with definite responsibility for taking action necessary to control subsidence. He advised that the first step necessary for the creation of an underground water conservation district to deal with the subsidence problem would to be the filing of a petition requesting that the Texas Water Rights Commission/designate and define the underground reservoir involved. A Petition requesting the Texas Water Rights Commission to create such a underground water conservation district was enclosed and the Attorney General who requested that the matter be brought before the City Council and afford the members an opportunity to join with him on.this petition. Councilman Farley discussed the land subsidence problem and advised the City Council that he felt that this approach as set out by the Attorney General wasworth consideration by the Council. It was moved by Councilman Farley, seconded by Councilman Reid that the Mayor and City Council be asked to sign the Petition For Designation of Subdivision of Underground Water Reservoir to indicate their support of the creation of an Underground Water Conservation District by the Texas Water Rights Commission. Motion passed 4 to 0. wig TRAFFIC ENGINEER'S REPORT NO. 23: City Attorney Bobby Williams read Traffic Engineer's Report No. 23 on the installation of two (2) No Parking signs on the west side of Byron Street, 30 feet and 75 feet, from the intersection of FM 518 (East Broadway). Both No Parking signs to face north. It was moved by Councilman Farley, seconded by Councilman Reid that the report of the Traffic Engineer (No. 23) concerning the installation of traffic control devices described as two (2) No Parking signs on the west side of Byron Street, 30 feet and 75 feet from the intersection of FM 518 (East Broadway) be affirmed and ratified, and the same officially declared to be official traffic devices in and for the City of Pearland. Also, that an ordinance be prepared for Council consideration indicating these signs to be official traffic devices for the City. Motion passed 4 to 0. ORDINANCE NO. 298 - SPEED LIMIT ORDINANCE ON 518 (EAST BROADWAY): Proposed Ordinance No. 298 read in full by Councilman Griffin. It was moved by Councilman Griffin, seconded by Councilman Frank that Ordinance No. 298 be passed and approved on first reading in a regular Council meeting. Said Ordinance No. 298 reads in caption as follows: ORDINANCE NO. 298 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF ARTICLE 6701D, VERNON'S TEXAS CIVIL STATUTES, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, AS SET OUT IN THIS ORDINANCE; AND PROVIDING A PENALTY OF A FINE NOT TO EXCEED $200 FOR THE VIOLATION OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. Voting "aye" - Councilman Frank, Councilman Reid, Councilman Griffin, and Councilman Farley. Voting "no" - None Motion passed 4 to 0. ORDINANCE NO. 246-7 - AN ORDINANCE AMENDING ORDINANCE NO. 246 - 1.15 ACRES OUT OF LOT 29, ABSTRACT 232 - MAX KRUEMCKE, JR. TRUSTEE: Proposed Ordinance No. 246-7 read in full by Councilman Farley. It was moved by Councilman Farley, seconded by Councilman Griffin that Ordinance No. 246-7 be passed and approved on first reading. Said Ordinance No. 246-7 reads in caption as follows: ORDINANCE NO. 246-7 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS; PROVIDING FOR AMENDMENT OF THE LAND USE DISTRICT MAP, PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. 161 Voting "aye" - Councilman Farley, Councilman Griffin, Councilman Reid, and Councilman Frank. Voting "no" - None Motion passed 4 to 0. OTHER BUSINESS: None EXECUTIVE SESSION CALLED BY MAYOR UNDER SECTION 2, SUBSECTION (f) OF OPEN MEETINGS LAW - DISCUSSION WITH RESPECT TO THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY. 9:10 P. M. r Council reconvened and no action taken as a result of Executive Session. ADJOURN: Meeting adjourned at Minutes approved as read and/or corrected this the day of � 2, A. D. 1974. Mayor ATTEST: City Secretary