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1975-02-10 CITY COUNCIL REGULAR MEETING MINUTES187 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON FEBRUARY 10, 1975, AT 7:35 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 Councilman Councilman Councilman Councilman City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: Harry Farley Cecil W. Griffin Tom Reid Gene E. Sanders Benny J. Frank William E. Wolff Bobby J. Williams Dorothy L. Cook The invocation was given by the Rev. Lawrence Juull. The Pledge of Allegiance was led by Helen Beckman. APPROVAL OF MINUTES: It was moved by Councilman Reid, seconded by Councilman Farley that the minutes of the special meeting held on January 18, 1975 be approved as submitted. Motion passed 5 to 0. It was moved by Councilman Frank, seconded by Councilman Sanders that the minutes of the regular meeting held on January 27, 1975, be approved as submitted. Motion passed 4 to 0. Councilman Griffin abstained. MAYOR'S ACTIVITY REPORT: Mayor McComb read a letter dated February 7, 1975 addressed to the Mayor and City Council from the Park Board supporting the bond propositions for the purchase of park land and development of a central city park. Mayor McComb read a letter dated January 29, 1975, from the District Engineer regarding the relocation of S. H. 35 freeway to the East of the track of land selected by the City for a park. Also, that a public hearing on both the east and west routes will be held in the foreseeable future. Mayor McComb administered the Oath of Office to Mr. Joe Martin as a member of the Park Board. COUNCIL ACTIVITY REPORTS: Proposed City Park: Councilman Frank reported that Mr. Livingston of the Texas Parks and Wildlife Department was in Pearland on February 5, 1975 for an inspection of the park site. Mr. Livingston took pictures and these will be presented to the Board in •v March or April. Keep Brazoria County Beautiful Committee: The Keep Brazoria County Beautiful Committee will meet at the Golfcrest Country Club at noon on Thursday February 13, 1975. DEPARTMENTAL REPORTS: None CITIZENS: Mr. Ronald C. Goedecke spoke to the City Council regarding ajoint venture between the City of Pearland and the Rotary Club for the construction of a sidewalk on the east side of Old Alvin Road from F. M. 518 (East Broadway) to the Intermediate School. He advised that the Rotary Club would provide funds in the amount of $1200.00 for this project. City Manager Wolff advised that the City forces could construct this sidewalk and he recommended that the City Council accept the offer of $1200.00 for the materials from the Rotary Club. Also, City Manager Wolff suggested that a sidewalk be constructed along West Broadway from the Railroad Tracks to Texas Avenue. He felt this would facilitate child safety along this area of West Broadway since we now have a sidewalk from the Railroad Tracks east to Main Street. It was moved by Councilman Reid, seconded by Councilman Griffin that the City Council accept the offer of the Rotary Club to provide $1200.00 for a sidewalk on Old Alvin Road from F. M. 518 (East Broadway) to the Intermediate School. Also, that the City Manager be authorized to construct a five foot sidewalk from the Railroad Tracks to Texas Avenue along West Broadway (F. M. 518). Motion passed 5 to 0. UNFINISHED BUSINESS: Ordinance No. 300 read in full be Councilman Griffin. (Second Reading) It was moved by Councilman Griffin, seconded by Councilman Sanders that Ordinance No. 300 be passed and approved on second and final reading. Said Ordinance No. 300 reads in caption as follows: ORDINANCE NO. 300 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS ESTABLISHING AND IMPOSING A PENALTY PURSUANT TO CHAPTER 30, SECTION 30-40 OF THE PEARLAND CODE OF ORDINANCES; REPEALING ALL LAWS IN CONFLICT THEREWITH AND PROVIDING AN EFFECTIVE DATE . Voting "aye" - Councilman Frank, Councilman Reid, Councilman Griffin, Councilman Sanders and Councilman Farley. Voting "no" - None Motion passed 5 to 0. NEW BUSINESS: on ELECTRICAL BOARD: The Mayor submitted the names of Dave Corbett, Robert Kettle and D. H. Stripling for reappointment to the Electrical Board. It was moved by Councilman Frank, seconded by Councilman Farley that Dave Corbett, Robert Kettle and D. H. Stripling be appointed to the City of Pearland's Electrical Board for two year terms. Motion passed 5 to 0. PUBLIC HEARING BEFORE PLANNING AND ZONING COMMISSION - APPLICATION 14: Application No. 14, a request by Gary Hester, Trustee for a tract of land located in Abstract 237 to be reclassified from P. D. to R-2, was submitted to the City Council with a request to call a hearing before the Planning and Zoning Commission. It was moved by Councilman Farley, seconded by Councilman Sanders that a public hearing before the Planning and Zoning Commission be called for March 4, 1975 at 7:30 P. M. in the City Hall on Application No. 14. Motion passed 5 to 0. TEMPORARY PRIVATE ROAD - GREEN TEE SUBDIVISION: Mayor McComb read a letter from Green Tee Corporation dated February 6, 1975 regarding opening an access road from the end of Country Club Drive in GreejiTee Terrace Section II to the city limits of Pearland, where there now exists a concrete street in Sagemeadow Section III. Also, a letter from Golfcrest Country Club dated February 7, 1975 stating that they felt an access road would benefit all parties concerned. Mayor McComb advised that he had asked Bobby Williams, City Attorney to review this matter and advise the Council accordingly. Mr. Williams advised that there were only two ways a road could be constructed in the City, (a) the City constructing the road, (2) the subdivider doing the work and dedicating the road to the City. Neither solution is desired by either parties at this time. The City Attorney advised that the solution would be the opening of a private road by Green Tee Corporation. This would be-strickly a private road with construction, maintenance and enforcement by the landowners which would be Green Tee Corporation. He advised we would have little or no jurisdiction whatsoever as far as law enforcement on private roads other than enforcement of penal laws. Traffic laws we would have no jurisdiction whatsoever. He advised that he found no entanglements whatsoever in the Green Tee Corporation opening the road as a private roadway thereby gaining the access that all parties are wanting and desiring, as long as the public generally understand that it is a private road subject to what restrictions that the landowners may desire to place on it. The only legal requirement that might have to be worked out is that the beginning points at both ends of the roadway would have to be designated as a private road. It was moved by Councilman Sanders, seconded by Councilman Griffin that concerning Golfcrest Country Club's letter under date of February 7, 1975, that this letter be forwarded to Green Tee Corproation with a request that an all weather temporary private street be considered to give limited access to the Harris County development in Sagemeadow Section III. It being noted that the construction of the aforementioned all weather temporary private street will in the future in no way be grounds for circumvention of the Pearland Subdivision Ordinance. Motion passed 5 to 0. AGREEMENT FOR PLANNING AND DESIGN SERVICES - MARMON, MOK & 'GREEN,/ INC. ON OLD SETTLERS —' CEMETERY: Councilman Farley advised that Marmon, Mok & Green had been contacted and they have submitted a proposal whereby they would provide the City with a preliminary plat which would establish modern standard lots and a preliminary designing plat for this cemetery. This would also include a preliminary landscaping site development. The firm proposes to do this for an amount not to exceed $1,350.00. It was moved by Councilman Farley, seconded by Councilman Reid that the Mayor be authorized to enter into an agreement on behalf of the City, for planning and design services with Marmon, Mok and Green, Inc. as presented in their proposal of January 30, 1975, for Pearland Old Settlers Cemetery, the sum of which would not exceed $1,350.00 of the cemetery budget. A discussion was held regarding local planners being used on this project rather than a Houston firm. It was moved by Councilman Sanders, seconded by Councilman Griffin that this motion be tabled until the next regular meeting. Councilman Griffin and Councilman Sanders voting "aye". Councilman Reid, Councilman Farley and Councilman Frank voting "no". Motion failed 3 to 2. Councilman Sanders stated for the records there was no reflection intended on the firm of Marmon, Mok and Green, Inc. in the discussion on this matter. The Mayor called for a vote on the original motion. Voting "aye" - Councilman Farley, Councilman Reid and Councilman Frank. Voting "no" - Councilman Sanders and Councilman Griffin. Motion passed 3 to 2. REGIONAL WATER QUALITY MANAGEMENT PLAN: Mayor McComb advised the City Council that last October the City had agreed to participate in the Regional Water Quality Management Plan with the Houston Galveston Area Council, however, at that time we did not have the $2,009.00 in hand. Mayor McComb read a letter dated October 16, 1974 addressed to the Executive Director of the HGAC advising him that the account would not be funded until after January 15, 1975. im It was moved by Councilman Reid, seconded by Councilman Frank that a check in the amount of $2,009.00 be approved payable to the HGAC for participation in the Regional Water Management Study and Plan, and the funds be taken from the Council Contingency iFund. Motion passed 5 to 0. CALL OF SPECIAL MEETING ON FEBRUARY 17, 1975 TO CANVASS BOND VOTES: It was moved by Councilman Sanders, seconded by Councilman Farley that a special meeting of the City Council be called to canvass the votes of the bond election on February 15, 1975. This special meeting to be held at 7:30 P. M., February 17, 1975. Motion passed 5 to 0. ORDINANCE NO. 301 - AMENDING CODE OF ORDINANCE - UTILITY BILLS WHEN PAYMENT DUE - RECONNECTION AFTER DISCONNECTION: Ordinance No. 301 read in full by Councilman Griffin. (First reading). It was moved by Councilman Farley, seconded by Councilman Frank that Ordinance No. 301 be passed and approved on first reading. Said Ordinance No. 301 reads in caption as follows: ORDINANCE NO. 301 AN ORDINANCE, AMENDING CHAPTER 30 SECTIONS 30-39, 30-41 AND 30 -42 -OF THE CODE OF ORDINANCES, CITY OF PEARLAND, TEXAS, BY ADDING AND DELETING SPECIFIC PROVISIONS CONTAINED THEREIN, AND PROVIDING AN EFFECTIVE DATE. Voting "aye" - "CounclmanFrank, Councilman Reid, Councilman Griffin, Councilman Sanders and Councilman Farley. Voting "no" - None Motion passed 5 to 0. ORDINANCE NO. 302 - EMERGENCY ORDINANCE - REPAIR OF SEWER LINE: / and final Ordinance No. 302 read in full by Councilman Sanders. (First reading - emergency ordinance) It was moved by Councilman Reid, seconded by Councilman Sanders that Ordinance No. 302 be passed and approved on first and final reading. Said Ordinance No. 302 reads in caption as follows: ORDINANCE NO. 302 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS PROVIDING FOR THE REPAIR OF CERTAIN SANITARY SEWER LINE, PROVIDING FOR THE PAYMENT THEREOF, AND DECLARING AN EMERGENCY. Voting "aye" - Councilman Farley, Councilman Sanders, Councilman Griffin, Councilman Reid and Councilman Frank. Voting "no" - None Motion passed 5 to 0. 192 RESOLUTION NO. 75-4 - A RESOLUTION AND ORDER ESTABLISHING PROCEDURE FOR CITY OFFICERS' ELECTION: Resolution No. 75-4 read in full by Mayor McComb. It was moved by Councilman Frank, seconded by Councilman Reid that Resolution No. 75-4 be passed and approved on first and final reading. Said Resolution No. 75-4 reads as follows: RESOLUTION 75-4 RESOLUTION AND ORDER ESTABLISING PROCEDURE FOR CITY OFFICERS' ELECTION. Whereas the laws of the State of Texas and the Charter of the City of Pearland provide that on April 5, 1975 there shall be elected the following officials of this City: Mayor Councilman Position No. 3 Whereas the laws of the State of Texas further provide that the Election Code of the State of Texas is applicable to said election, and in order to comply with said Code, an order should be passed establishing the procedure to be follov,-10d in said election, and designating the voting place for said election. THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: That all independent candidates at the election to be held on the first Saturday in April, 1975 for the above mentioned offices file their application to become candidates with the Mayor of this City at 2335 N. Texas Avenue, (City Hall), Pearland, Texas on or before 30 days before the date of said election; That all of said applications shall be substantially in the following form: To the Mayor of the City of Pearland, Texas: I hereby request that my name be placed upon the official ballot for the election to be held on the 5th day of April, 1975, as a candidate for of said City, and I hereby certify that I am eligible to hold such office under the constitution and laws of this state and the Charter of the City of Pearland. My occupation is My post office address is The county of my residence is My age is Please place my name on the official ballot as follows: (print or type candidate's name here) DATED this the day of , 19 Name of Candidate All candidates shall file with said application the loyalty affidavit required County. 193 by Article 6.02 of the Election Code. That the Secretary of this City shall, inaccordance with the terms and provisions of Article 13.32 of the Election Code, post in his office the names of all candidates who have been certified to him by the Chairman of the Executive Committee of any party holding a primary election for said above mentioned offices, and the names of all independent candidates who have filed their applications in accordance with the terms and provisions of this order, and said names shall be posted at a conspicuous place in said office for at least 10 days before said Secretary orders the same to be printed on the ballot for said election. Thiscity, having 7 county election precincts, said election shall be held at the following place in said city: 1. In Brazoria County Election Precincts Nos. 12, 16, 26, 28, 29 and 43 at Speech Room, Pearland High School Building, Pearland, Texas. 2. In Harris County Election Precinct No. 417 at Speech Room, Pearland High School Building, Pearland, Texas. The City Secretary is hereby authorized and instructed to provide and furnish all necessary election supplies to conduct said election. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the City Secretary as provided by Article 6.05 c Subd. 3. The Mayor shall give notice of this election in accordance with the terms and provisions of Article 4.05 of the Election Code and returns of said notice shall be made as provided in said Article 4.05, and the Mayor shall issue all necessary orders and writs for said election and returns of said election shall be made to the Council immediately after the closing of the polls. It is further found and determined that in accordance with the order of this governing body the Secretary posted written notice of the date, place and subject of this meeting on the bulletin board located in the City Hall, a place convenient to the public, and said notice having been so posted and remaining posted continuously for at least 72 hours preceding the day of this meeting. A copy of the return of said posting shall be attached to the minutes of this meeting and shall be made a part thereof for all intents and purposes. PASSED, APPROVED AND ADOPTED this 10th day of February, 1975. Mayor City Secretary Voting "aye" on above Resolution - Councilman Farley, Councilman Griffin, Councilman Sanders, Councilman Reid and Councilman Frank. 194 Voting "no" - none Motion passed 5 to 0. Mayor McComb authorized the City Secretary to receive applications to be placed in his file during the working hours at City Hall. OTHER BUSINESS: None ADJOURN: Meeting adjourned 9:30 P. M. Minutes approved as submitted and/or corrected this the it day of;��_,_`�,��. , A. D. 1975. el Mayor ATTEST i City Secretary