1974-12-23 CITY COUNCIL REGULAR MEETING MINUTES169
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD
ON DECEMBER 23, 197 4, AT 7:40 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 Harry Farley
Councilman Gene E. Sanders
Councilman Tom Reid
Councilman Benny J. Frank
City Manager William E. Wolff
Assistant City
Secretary Patty Goldenberg
Absent from the meeting: Councilman Cecil W. Griffin
INVOCATION AND PLEDGE OF ALLEGIANCE:
The invocation was given by Rev. Louie White, pastor of the Church of Christ. Pledge
of Allegiance was led by Councilman Sanders.
APPROVAL OF MINUTES:
It was moved by Councilman Farley, seconded by Councilman Reid that the minutes of the
meeting held on December 23, 1974, be approved as submitted. Motion passed 4 to 0.
MAYOR'S ACTIVITY REPORT:
Proposed Bond Issue: Mayor McComb advised that the City is contemplating calling a bond
election in February covering the following issues: Sewer Improvements $150,000.00;
Park and Improvements $300,000.00; Water Well and Appurtenances $200,000.00; Sanitary
Landfill $ 200,000.00; Expansion of City Hall $250,000.00.
A workshop meeting will be held with the Fiscal Agent at 10:30 A. M. on January 4, 1975.
COUNCIL ACTIVITY REPORTS:
Councilman Reid:
Houston -Galveston Area Council: Councilman Reid reported that he attended the UGAC
meeting in Alvin regarding the selection of Joint Representatives to the Houston -Galveston
Area Council Executive Committee. This item will appear under new business of this Agenda.
Councilman Sanders:
Mykawa Road Right of Way: Councilman Sanders reported that he had not been able to obtain
right of way easements from Mr. Frank Foster. Mr. Sanders will continue to contact Mr.
Foster who promised to check with his attorney and advise him.
DEPARTMENTAL REPORTS:
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Modification to Police and Fire Radio System:
City Manager Wolff advised that the new Police Radio System is now completely installed
and functional, however, there are still many law enforcement officers who are dependent
on communicating through our previous system, therefore, we must maintain our previous
system as well as the new. In addition to our Police radio service, our dispatcher
also takes calls for the Fire Department, and our Public Work's Department, so that at the
present time there is a microphone and a control mechanism for each radio system. City
Manager Wolff recommended that all of this apparatus be consolidated into one dispatching
console. This possibility has been discussed with the Motorola representative and the
estimated cost would be $2,700.00. He statedthat such a coordinated system would serve
our needs for at least ten years.
It was moved by Councilman Reid, seconded by Councilman Frank that the City Manager be
authorized to purchase a communication coordinated system for the present dispatching
office. Motion passed 4 to 0.
CITIZENS: None
DOCKETED PUBLIC HEARINGS:
APPLICATION 13 - REQUEST BY GILBERT LEACH FOR CHANGE IN ZONE FROM PU TO M-1
ON THE FOLLOWING: 64 acres more or less, in lots 85 and 86 of W. Zychlinski
Map of Subdivision H. T. & B. RR Company, Section 3, patented to C. E. Gregory
assigned, Brazoria County, Texas, in Abstracts 543 and 232.
1. PERSONS WISHING TO SPEAK FOR THE REQUESTED CHANGE IN ZONING:
�J 1. Carl Raia, Real Estate Brokerrepresenting Gilbert Leach the owner of
the property and the Gaido-Li Company, the proposed buyers of the
property.
Mr. Raia advised that the Gaido-Lingi Company is in the pipe coating
? business and they intend to construct and operate a pipe coating plant
�/3_ on this property. The plan to build a 40,000 square foot building and
will probably employ 45 employees. This type of operation has been
checked out by the Air Quality Board and they have ruled favorably on this
plant.
for
2. PERSONS WISHING TO SPEAK AGAINST THE REQUEST�CHANGE IN ZONING:
3. QUESTION FROM THE CITY COUNCIL:
Tape on file in office of City Secretary.
4. PUBLIC HEARING ADJOURNED.
f
1l� The City Council requested a copy of the contract between the Real Estate Broker and
Gaido-Li*-/Company before the next regular meeting.
UNFINISHED BUSINESS:
DRAFT OF LETTER TO RESIDENTS WITHIN CITY LIMITS OWNING PROPERTY FRONTINGON CERTAIN PORTIONS
OF DIXIE FARM ROAD:
Mayor McComb submitted to the City Council a proposed letter to be sent to property owners
171
along Dixie Farm Road. This letter advised the residents of an air pollution complaint
from the Texas Air Quality Board about the dust from vehicular traffic along Dixie Farm
Road and the alternatives available under the City's Street Participation Program. The
participation under this program would be $2.00 per front foot to the property owner with
the City furnishing additional base material above the amount required for a residential
r -
a street. The letter contained boxes to be checked as follows: 1. For the participation
paving street program. 2. Against the participation paving street improvements.
3. Would initiate petition.
It was moved by Councilman Reid, seconded by Councilman Sanders that we send the letter
and land owners
as drafted with changes, to the residents/along Dixie Farm Road south. Motion passed
4 to 0.
AGREEMENT WITH PEARLAND LAND AND INVESTMENT COMPANY:
It was moved by Councilman Farley, seconded by Councilman Sanders that this item be removed
from the table and considered at this time. Motion passed 4 to 0.
City Manager Wolff advised the Council that two Agreements are involved. The first is
one cancelling the old Agreement and the forfeiture of a sum of money for non-performance,
and the second is a new Agreement relating to part of the old Agreement which we still want
to keep in effect.
It was moved by Councilman Farley, seconded by Councilman Frank that the Mayor be authorized
to enter into an Agreement with Pearland Land and Investment Company whereby they forfeit
their contract agreement of November 21, 1972, whereby they agreed to pave certain portions
Cash
of the eastern part of Sleepy Hollow Subdivision, and where they put up a/Bond to release
building permits in that area, hereby releasing the Cash Bond to the City of Pearland
to develop these streets, and further agreement that they retain all obligation to the
remaining lots in Sleepy Hollow Subdivision. Motion passed 3 to 1. Councilman Sanders
opposed.
--SECOND AND (FINAL) READING OF
F BYRON STREET:
NO. 299, RESTRICTION OF PARKING ON NORTHWEST SIDE
Ordinance No. 299 read in full by Mayor McComb.
It was moved by Councilman Frank, seconded by Councilman Farley that Ordinance No. 299 be
passed and approved on second and final reading. Said Ordinance No. 299 reads in caption
as follows:
ORDINANCE NO. 299
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS,
172
PROVIDING FOR THE RESTRICTION OF PARKING 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 LESS THAN $5.00 AND NOT TO EXCEED $25.00
FOR THE VIOLATION OF THIS ORDINANCE; AND PROVIDING AN
EFFECTIVE DATE.
Voting "aye" - Councilman Frank, Councilman Reid, Councilman Sanders, and Councilman
Farley.
Voting "no" - None
Motion passed 4 to 0.
NEW BUSINESS:
RESOLUTION NO. 74-22 - A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR A GRANT TO
ACOUIRE A 50 ACRE TRACT OF LAND FOR A COMMUNITY PARK:
Resolution No. 74-22 read in full by Councilman Frank. A correction was made on Page 2
Line 4 to indicate James 0. DeShazer, City Treasurer authorized to execute and file requisition
for funds and to act as the fiscal representative of the City of Pearland in acquisition
of public parksite.
It was moved by Councilman Frank, seconded by Councilman Reid that Resolution No. 74-22,
as amended, be passed and approved on first and final reading. Said Resolution No.
74-22 reads in caption as follows:
RESOLUTION NO. 74-22
A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION
FOR A GRANT FOR ACQUISITION OF A 50 ACRE TRACT OF LAND
OUT OF THE W. D. C. HALL SURVEY, ABSTRACT 70, BRAZORIA
COUNTY, TEXAS, FOR A COMMUNITY PARK, DESIGNATING RESPONSIBLE
OFFICERS FOR THE PROJECT; CERTIFICATION OF FUNDS, AND
DEDICATION OF SAID PARKSITE AS A PUBLIC PARK.
Voting "aye" - Councilman Farley, Councilman Sanders, Councilman Reid, and Councilman Frank.
Voting "no" - None
Motion passed 4 to 0.
RESOLUTION NO. 74-23 - A RESOLUTION DESIGNATING JOINT REPRESENTATIVES TO HGAC EXECUTIVE
COMMITTEE:
Resolution No. 74-23 read in full be Councilman Reid.
It was moved by Councilman Reid, seconded by Councilman Sanders that Resolution No. 74-23
be passed and approved on first and final reading. Said Resolution No. 74-23 reads in
caption as follows:
172
RESOLUTION N0.-74-23
DESIGNATION OF JOINT REPRESENTATIVES HOUSTON-
GALVESTON AREA COUNCIL EXECUTIVE COMMITTEE 1975
Councilman Asa Yeamans and Councilman James Cook
Alternates: Mayor B. S. Babovec and Mayor Alvin Baggett
r--
Voting "aye" - Councilman Frank, Councilman Reid, Councilman Sanders, and Councilman Farley.
Voting "no" - None
Motion passed 4 to 0.
ORDINANCE NO. 246-8, AN ORDINANCE AMENDING ORDINANCE NO. 246, KNOWN AS THE LAND USE AND
URBAN DEVELOPMENT ORDINANCE - APPLICATION NO. 13 - GILBERT LEACH:
Ordinance No. 246-8 read in full by Councilman Sanders.
It was moved by Councilman Sanders, seconded by Councilman Farley that Ordinance No. 246-8
be passed and approved on first reading. Said Ordinance No. 246-8 reads in caption as
follows:
ORDINANCE NO. 246-8
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 TO THE LAND USE DISTRICT MAP,
PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER
PROVISIONS RELATING TO THE SUBJECT. (APPLICATION 13 - GILBERT LEACH)
Voting "aye" - Councilman Frank, Councilman Reid, Councilman Sanders, and Councilman Farley.
Voting "no" - None
Motion passed 4 to 0.
AGREEMENT ON JOINT LANDFILL WITH THE CITY OF ALVIN:
It was moved by Councilman Farley, seconded by Councilman Reid that the Mayor be authorized to
enter into an initial agreement with the City of Alvin to acquire and operate a Sanitary
Landfill. Motion passed 4 to 0.
41
OTHER BUSINESS: None
EXECUTIVE SESSION: OPEN MEETING LAW - SECTION 2 - SUBSECTION (f) DISCUSSION WITH RESPECT
TO PURCHASE, EXCHANGE, LEASE, OR VALUE OF REAL ESTATE. TIME: 9:20 P. M.
ADJOURN: NO BUSINESS BROUGHT BEFORE COUNCIL AS A RESULT OF EXECUTIVE SESSION AND THE
MEETING WAS ADJOURNED AT 9:31 P. M.
Minutes approved as submitted and/or corrected this the jg day of ,
A. D. 197
ATTEST:
Mayor
�—amity Secretary