1975-04-28 CITY COUNCIL REGULAR MEETING MINUTES235
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON
APRIL 28, 1975, 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
Absent from the meeting: Councilman
INVOCATION AND PLEDGE OF ALLEGIANCE:
Carlton McComb
Harry Farley
Gene E. Sanders
Tom Reid
B. J. Frank
William E. Wolff
Bobby J. Williams
TDiDrothy L. Cook
Cecil W. Griffin
The invocation was given by the Rev. Art Jones. The Pledge of Allegiance was led by
Councilman Reid.
APPROVAL OF MINUTES:
It was moved by Councilman Reid, seconded by Councilman Sanders that the minutes of the
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regular meeting held on April 14, 1975 be approved as submitted. Motion passed 4 to 0.
MAYOR'S ACTIVITY REPORT:
A Resolution of Thanks was presented to Gregory Urquiaga for his contribution, time and
talents to serve the people of Pearland. The motion to adopt this resolution was made
by Councilman Sanders, seconded by Councilman Farley. Voting "aye" - Councilman Farley,
Councilman Sanders, Councilman Reid and Councilman Frank. Voting "no" - none Motion
passed 4 to 0.
Mayor McComb read a letter dated April 25, 1975 inviting representatives of the City of
Pearland to appear at a meeting of the Clear Creek Basin Authority to be held on May 1,
1975. This letter advised that a discussion regarding Pearland's waste treatment plants
would be on the agenda. Mayor McComb advised that the City has held that the Clear
r-- Creek Basin Authority has no authority over the City of Pearland's sewer treatment plants,
from the City
therefore, he did not think anyone/would be present at the meeting of the Authority.
COUNCIL ACTIVITY REPORTS:
Councilman Reid reported that each year the Keep Brazoria County Beautiful has a contest
and Pearland has entered this contest through the coordination of the Beautification Board.
The inspection date will be May 17, 1975.
Councilman Reid reported that the City now has four wreckers operating within the city limits
and a potential for expanding. He advised that he felt some standards needed to be set
in the area of the type and kind of vehicles, load capacity of vehicles, the availability
of storage space for cars picked up by these wreckers as well as some type of control on
bonding and insurance coverage. Councilman Reid asked that the City Manager and City
Attorney work with the Chief of Police and draft an ordinance for consideration by the
City Council regulating wreckers in the City of Pearland.
Councilman Frank reported that on April 29, 1975 the Texas Parks & Wildlife would be
meeting and the City of Pearland is on the agenda for the refunding on our land purchase
for a city park. We will not know until after this meeting whether or not it will be
approved.
MAYOR'S ACTIVITY REPORT (Continued):
Mayor McComb reported that the Revenue Sharing allocation was just received by the City
and it amounts to $77,952.00. This budget will need to be planned, approved and read
by ordinance on two readings by June 24, 1975. The Mayor called a workshop meeting of
the City Council to work on the Revenue Sharing Budget on Monday, May 5, 1975. Also,
there will also be a short meeting with an executive session.
Mayor McComb appointed Councilman Farley to work with City Manager Wolff to see if a joint
tax office between the school and city might be set up which would be beneficial to
all of the citizens of Pearland.
CITIZENS:
Felton Baker - Mr. Baker appeared before the City Council regarding a letter he had received
from the Building Inspector advising him to move a mobil home located near his business
in the Airport Subdivision. He advised that this mobil home was used by an employee
and maintained for security purposes. City Manager Wolff stated that the Land Use
and Urban Development ordinance prohibited trailers in this area. The Ordinance referred
to in the letter was Ordinance No. 164, however, the ordinance applicable to this situation
would be the Land Use and Urban Development Ordinance No. 246. Mayor McComb advised
Mr. Baker that he would be receiving another letter stating the correct ordinance that would
apply.
It was moved by Councilman Sanders, seconded by Councilman Farley that the question by
Mr. Baker regarding "how can we have an ordinance enforceable by the City when the City
does not abide by the ordinance itself" be referred to the City Attorney for an opinion.
Motion passed 4 to 0.
Samuel H. Vester, Jr. - Mr. Vester appeared before the City Council with a request for
discussion of pending sale of two three acre tracts in West Friendswood Addition. Mr.
Vester was also represented by Mr. Ray Keller, Attorney. Mr. Vester advised that earlier
in the year he purchased two tracts of land on a road that runs through West Friendswood
addition. Mr. Vester advised that the County had advised him the road designation was
County Road 131. Mr. Vester advised that the first tract he purchased was a seven acre
tract which he divided into two smaller tracts. The other tract was a six acre tract
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i and Mr. Vester advised that he had bought and sold these tracts earlier in the year. He
has two tracts pending to be sold when he found out the purchasers might be unable to get
a building permit.. Mr. Vester asked for a ruling by the City Council. A discussion
was held with Mr. Vester regarding the Pearland Subdivision Ordinance.
Meeting recessed at 8:05 P. M. - Reconvened at 8:15 P. M.
It was moved by Councilman Farley, seconded by Councilman Frank that we ask the City Attorney
to give us an opinion as to whether or not this transaction and sale of this property
is in violation of our existing ordinance, and if it were conveyed would we be able to
offer these people building permits. Motion passed 4 to 0.
City Attorney Williams to give his opinion on this matter next Monday night.
DOCKETED PUBLIC HEARINGS:
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PURPOSE OF THE HEARING: Request by Entex, Inc. for rate increase.
PERSONS WISHING TO SPEAK FOR THE REQUESTED RATE INCREASE: Mr. Bill Hinds, Vice President
of Entex, Inc. spoke in favor of the requested increase.
Mr. Hinds advised that Entex, Inc. filed a request for a rate increase last August
and since -that time the City has requested additional information for clarification of this
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requested increase. He advised, that�to the best of his knowledge, had supplied the
requested Information. Mr. Hinds advised that he would answer any questions the
Council might have regarding this requested rate increase.
PERSONS WISHING TO SPEAK AGAINST THE REQUESTED RATE INCREASE: None
QUESTION AND ANSWER PERIOD:
Councilman Farley advised that Councilman Griffin had looked over the information furnished
by Entex and he asked for information on two additional questions. The first question
was the volume of gas sold in Pearland. Mr. Hinds advised that a twelve month volume
(year ending December 1974) was 10,985 MCF. Mr. Hinds advised that Entex had 127 customers
in Pearland. The other question by Councilman Griffin was whether or not we could have
a letter of certification that the information submitted by Entex was correct. This should
come from the chief financial officer. Mr. Hinds advised that this would be forthcoming.
Other questions pertinent to the subject were asked by City officials and the City Attorney.
PUBLIC HEARING CLOSED: 8:45 P. M.
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UNFINISHED BUSINESS:
BID OPENING - BID NO. 75-4, GENERAL LIABILITY INSURANCE COVERAGE:
Bids opened as follows:
Bra -Bon Insurance Agency (Hartford Insurance Group)
Total Gross Premium $5,214.00
22% Experience Modifier 1,174.00
5.6% Premium discount
Estimated Annual Dividend 15%
Estimated Annual Net Premium ...... $3,208.00
The Idoux Insurance Agency (St Paul Insurance Companies)
Total Gross Premium $5,720.00
22% Experience Modifier 1,258.40 cr
5.9% Premium discount 280.00 cr
Estimated Annual Dividend None
Estimated Annual Premium .......... $4,462.00
It was moved by Councilman Sanders, seconded by Councilman Reid that the bids received
from Bra Bon Insurance Agency and Jack Idoux Insurance Agency be received and referred
to the committee for review and recommendation at a Special Meeting to be held on
May 5, 1975. Motion passed 4 to 0.
OIL, GAS AND MINERAL LEASE ON 20 ACRES - LOTS 60 AND 76, THE E. LITTLE SURVEY, ABSTRACT
320 IN BRAZORIA COUNTY:
It was moved by Councilman Sanders, seconded by Councilman Farley that the matter of the
Oil, Gas and Mineral Lease be brought back to the table for consideration. Motion passed
4 to 0.
Two representatives from the firm desiring to lease this property from the City were present
at the meeting to answer questions from the City Council.
A discussion was held with members of the City Council regarding this lease, however,
these representatives expressed that some information on adjoining leases was of a
confidential nature and they preferred not to discuss this in public. Mayor McComb
advised that the Open Meetings Law provided that discussion of purchase, lease, or value
of real property could be handled under an Executive Session.
It was moved by Councilman Farley, seconded by Councilman Sanders that this item be
passed until we have had an opportunity to meet in Executive Session and work out this +--
contract. Motion passed 4 to 0.
NEW BUSINESS:
PLANNING AND ZONING COMMISSION APPOINTMENTS:
Mayor McComb read a letter of resignation from Melvin L. Black a member of the Planning and
Zoning Commission.
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It was moved by Councilman Reid, seconded by Councilman Farley that the resignation
Of Melvin L. Black from the Planning and Zoning Commission be received into the records
of the City. Motion passed 4 to 0.
Councilman Tom Reid reported that Bill C. Frascino and J. A. Hutson had agreed to serve
on the Commission for another three year term. Also, that James E. Bost has agreed
to serve as a member of the Planning and Zoning Commission to fill the unexpired term of
Mr. Black. Mr. Bost verbally resigned from the Zoning Board of Adjustment and advised
that he would submit a letter of resignation in writing.
It was moved by Councilman Reid, seconded by Councilman Frank that Bill C. Frascino and
J. A. Hutson be appointed to the Planning and Zoning Commission for a three year term
and that James E. Bost be appointed as a member of the Planning and Zoning Commission
to fill the unexpired term of Melvin L. Black. Motion passed 4 to 0.
ORDINANCE NO. 246-9, AN ORDINANCE AMENDING LAND USE.AND URBAN DEVELOPMENT ORDINANCE
APPLICATION NO. 14- GARY B. HESTER, TRUSTEE:
Ordinance No. 246-9 read in full by Councilman Sanders. (Second and final reading).
It was moved by Councilman Sanders, seconded by Councilman Farley that Ordinance No. 246,-9
?- be passed and approved on seconded and final reading. Said Ordinance No. 2469 reads
in caption as follows:
ORDINANCE NO. 246-9
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. (APPLICATION NO. 14 - GARY B. HESTER, TRUSTEE).
Voting "aye" - Councilman Farley, Councilman Sanders, Councilman Reid and Councilman
Frank.
Voting "no" - None
Motion passed 4 to 0.
TRAFFIC CONTROL DEVICES - NO. 23, 24 AND 25:
City Attorney Bobby Williams read Traffic Control Devices as listed on No. 23, 24 and 25.
It was moved by Councilman Sanders, seconded by Councilman Reid that the following reports
of the Acting Traffic Engineer submitted on the 18th day of April, 1975, concering the
installation of traffic control devices described as follows:
One Stop Sign - located on the Southeast corner of Woodcreek Drive at
its intersection with Washington -Irving Drive, facing South. (No. 23)
One Stop Sign - located on the Northwest corner of Woodcreek Drive at its
intersection with Washington -Irving Drive, facing North.. (No. 24)
One Stop Sign - located on the Southwest corner of Washington -Irving Drive
at its intersection with Woodcreek Drive, facing West. (No. 25)
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located at the above locations in the City of Pearland, Texas, be hereby ratified and
affirmed, and the same be hereby officially declared to be official traffic devices in
and for the City of Pearland, Texas, and the same be spread upon the minutes of this
meeting. Motion passed 4 to 0.
ORDINANCE NO. 304 - AN ORDINANCE DETERMINING AND FIXING THE MINIMUM SCHEDULES OF RATES
TO BE CHARGED BY ENTEX, INC:
It was moved by Councilman Reid, seconded by Councilman Sanders that the City Manager
and City Attorney be instructed to negotiate with Entex, Inc. to assure that the wording
of the ordinance is in compliance with our City Charter and bring back a recommended
corrected ordinance for consideration at a future meeting. Motion passed 4 to 0.
City Attorney Bobby Williams advised that he felt it was not the wording of the
proposed ordinance but the question before the Council'was whether or not Entex, Inc.
would bring before this Council a schedule of rates for large volume customers.
ORDINANCE NO. 305, AN ORDINANCE ALTERING PRIMA FACIE SPEED LIMITS IN VARIOUS AREAS OF THE
CITY:
Ordinance No. 305 read in full by Councilman Farley. (First Reading)
It was moved by Councilman Sanders, seconded by Councilman Farley that Ordinance No.
305 be passed and approved on first reading. Said Ordinance No. 305 reads in caption
as follows:
ORDINANCE NO. 305
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
TEXAS, AS SET OUT IN THIS ORDINANCE; PROVIDING A
PENALTY OF A FINE NOT TO EXCEED $200.00 FOR THE VIOLATION
OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.
(30 mph on following streets: Knapp Road, Union Valley,
Glenda, Roberts, Nancy, Lethbridge, Meadowville Drive,
Trelawney Drive, Wheatridge Drive, Glastonbury Drive,
Bishopton Drive, Robinson Drive, Woodcreek Drive, Winding
Creek Drive, Crane Drive, Sleepy Creek Way, Meadow Creek
Drive, Lazy Creek Lane, Crooked Creek Lane and Cripple
Creek Lane.)
Voting "aye" - Councilman Frank, Councilman Reid, Councilman Sanders and Councilman
Farley.
Voting "no" - None
Motion passed 4 to 0.
RESOLUTION NO. 75-17, COUNTY FLOOD PLANE MAP:
A proposed resolution was read by Mayor McComb regarding the report of the Landev
Engineering, Inc., the firm employed by the County to repudiate the findings of
Michael Baker, Jr., Inc. the firm commissioned by the Federal Insurance Agency to
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prepare the official 100 year Flood Map for Brazoria County.
It was moved by Councilman Sanders, seconded by Councilman Reid that Resolution No.
75-17 be passed, approved and adopted as read with the exception at the word "for"
instead of "by" be inserted in the fifth paragraph, and the 23rd instead of the 3rd
be inserted in the fifth paragraph thereby making this paragraph read as follows:
"WHEREAS, a map indicating the findings of the Landev Study was displayed for
Commissioner Griffin, Precinct No. 3, at his office in Alvin, Texas, on Wednesday,
April 23, 1975, and"
Caption of said Resolution reads as follows:
RESOLUTION NO. 75-17
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, REQUESTING THE COMMISSIONER'S COURT OF BRAZORIA COUNTY
TO WITHHOLD SUBMITTING THE LANDEV FLOOD PLANE STUDY TO THE
FEDERAL INSURANCE AGENCY, AND REQUESTING THE COMMISSIONER''S
COURT TO CONSIDER THIS STUDY INCOMPLETE.
Voting "aye" - Councilman Farley, Councilman Sanders, Councilman Reid and Councilman
Frank.
Voting "no" - None
Motion passed 4 to 0.
It was moved by Councilman Sanders, seconded by Councilman Reid that Commissioner
Griffin be commended for sponsoring the meeting on April 23, 1975, and further that
a copy of the Resolution No. 75-17 be sent to him immediately. Motion passed 4 to 0.
ORDINANCE NO. 306, ORDINANCE OF NECESSITY FOR THE PAVING AND IMPROVMENT OF PORTIONS
OF LYNN DRIVE:
Ordinance read in full by Councilman Reid and Councilman Frank. (First Reading)
It was moved by Councilman Reid, seconded by Councilman Frank that Ordinance No. 306
be passed and approved on first of two readings. Said Ordinance No. 306 reads in
caption as follows:
ORDINANCE NO. 306
AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE
PAVING AND IMPROVEMENT OF PORTIONS OF LYNN DRIVE, CITY OF
PEARLAND, TEXAS; APPROVING PLANS AND SPECIFICATIONS FOR SUCH
WORK; AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR BIDS,
IF NECESSARY; DIRECTING THE PREPARATION OF ESTIMATES,
INVOKING AND ADOPTING THE PROVISIONS OF ARTICLE 1105B,
VERNON'S REVISED CIVIL STATUTES; PROVIDING THE MANNER
IN WHICH AND BY WHOM THE COST OF SUCH IMPROVMENTS SHALL BE
PAID AND PROVIDING FOR THE ASSESMENT OF A PORTION OF SUCH
COSTS AGAINST ABUTTING PROPERTIES AND THE OWNERS THEREOF;
PROVIDING FOR THE TERMS OF PAYMENT OF SUCH ASSESSMENTS;
DIRECTING THE CITY SECRETARY TO CAUSE A CERTIFIED COPY OF
THIS ORDINANCE TO BE FILED IN THE DEED OF TRUST RECORDS OF
BRAZORIA COUNTY,TEXAS; ENACTING PROVISIONS INCIDENT AND
RELATING TO THE SUBJECT; PROVIDING A SAVINGS CLAUSE AND
AN EFFECTIVE DATE HEREOF.
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Voting "aye" - Councilman Frank, Councilman Reid, Councilman Sanders and Councilman
Farley.
Voting "no" - None
Motion passed 4 to 0.
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ORDINANCE NO. 110D-1, AN ORDINANCE AMENDING CHAPTER 9, SECTION 9-116 AND 9-153 OF THE
CODE OF ORDINANCE. (ELECTRICAL CODE)
Ordinance read in full by Bobby Williams, City Attorney. (First Reading)
It was moved by Councilman Farley, seconded by Councilman Frank that Ordinance No. 11OD•-1
be passed and approved on first reading as corrected. Said Ordinance No. 11OD-1 reads
in caption as follows:
ORDINANCE NO. 11OD-1
AN ORDINANCE AMENDING CHAPTER 9, SECTIONS 9-116 AND
9-153 OF THE CODE OF ORDINANCES, CITY OF PEARLAND,
TEXAS, BY ADDING AND DELETING SPECIFIC PROVISIONS
CONTAINED THEREIN, AND PROVIDING AN EFFECTIVE DATE.
Voting "aye" - Councilman Frank, Councilman Reid, Councilman Sanders and Councilman Farley.
Voting"no" - None
Motion passed 4 to 0.
Councilman Frank to meet with the Electrical Board on May 7, 1975 to discuss various
questions regarding this ordinance. Also, a letter of recommendation for passage of
this ordinance from the Electrical Board before final reading of ordinance.
REQUEST FOR REZONING - METRO FINANCIAL CORPORATION - APPLICATION NO. 15:
A request for rezoning of land by Metro Financial Corporation as shown on Application No. 15
was brought before the City Council.
It was moved by Councilman Sanders, seconded by Councilman Reid that a Public Hearing
before the Planning and Zoning Commission be scheduled for May 20, 1975 at 7:30 P. M.
in the City Hall on Application No. 15. Motion passed 4 to 0.
CITY TREASURER:
City Manager William Wolff recommended that Mrs. Dorothy Thompson be appointed City
Treasurer in lieu of James O. DeShazer who has been serving as Tax Assessor Collector
and City Treasurer. Mr. Wolff advised that he felt the work in Mrs. Thompson's office
was in line with the duties of the Treasurer.
Collector.
Mr. DeShazer to remain as Tax Assessor
It was moved by Councilman Sanders, seconded by Councilman Frank that in accordance with
the recommendation of the City Manager that Mrs. Dorothy Thompson be appointed as City
Treasurer effective immediately, in lieu of James O. DeShazer. Motion passed 4 to 0.
It was pointed out that the past motion was in no way a reflection on the previous
Treasurer but was simply a matter of work load as set out by the City Manager.
OTHER BUSINESS: None
ADJOURN: Meeting adjourned at 10:45 P. M.
Minutes approved as submitted and/or corrected this the 1A day of o r
'— A. D. 1975.
Mayor
ATTEST:
6F4.4p, City Secretary