Loading...
1975-06-09 CITY COUNCIL REGULAR MEETING MINUTES272 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JUNE 9, 1975, AT 8:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARLAND, TEXAS. The Mayor called t -he roll with the following shown as present: Mayor Carlton McComb Councilman Harry Farley Councilman Tom Reid City Manager William E. Wolff City Attorney Bobby J. Williams City Secretary Dorothy L. Cook Absent: Councilman Griffin, Councilman Sanders, and CouncilmanFtank. Mayor McComb announced that due to flooding conditions in Houston a quorum was not present at the meeting and that the meeting would recess until 7:30 P. M. on June 10, 1975. MEETING RECESSED AT 8:31 P. M. MEETING RECONVENED AT 7:30 P. M. - June 10, 1975 with the following officials present: Mayor Carlton McComb, Councilman Harry Farley, Councilman Tom Reid, Councilman Benny J. Frank. Councilman Cecil Griffin entered at 8:10 P. M. Absent at this time: Councilman Sanders. Others present: City Manager William E. Wolff, City Attorney Bobby Williams, and City Secretary. Dorothy L. Cook. INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by the Rev. Art Jones. The Pledge was led by City Secretary Dorothy L. Cook. APPROVAL OF MINUTES: It was moved by Councilman Frank, seconded by Councilman Reid that the minutes of the special meeting held on May 19, 1975 be approved as submitted. Motion passed 3 to 0. It was moved by Councilman Reid, seconded by Councilman Frank that the minutes of a regular meeting held on May 27, 1975 be approved as submitted. Motion passed 3 to 0. It was moved by Councilman Farley, seconded by Councilman Reid that the minutes of a special meeting held on June 2, 1975 be approved as submitted. Motion passed 3 to 0. MAYOR'S ACTIVITY REPORT: Mayor McComb reported that the City has received a check in the amount of $.195.00 to be applied to the cost of the Knapp Road railroad crossing. This money was collected by citizens of the area. The same amount was given to Brookside Village since they also participated in the cost of the crossing. 273 COUNCIL ACTIVITY REPORTS: Councilman Farley reported that Marmon, Mok and Green have completed the preliminary phase of redevelopment of the Old Settler's Cemetery. He requested the City Manager to place a copy of the plans on display here at the City Hall. DEPARTMENTAL REPORTS: City Manager Wolff asked if bids could be prepared for the new water well. Mayor McComb asked that this matter be delayed until the next meeting. City Attorney Williams advised that the City would have the park land closing on June 18th or 19th. Also, a Hearing will be held in Harris County on the 16th on Change of Venue - C. L. Bowling vs. City of Pearland. CITIZENS: None DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: ORDINANCE NO. 308, AN APPROPRIATION ORDINANCE ADOPTING A REVENUE SHARING BUDGET: Ordinance No. 308 was read in full by Mayor McComb. (Second reading) It was moved by Councilman Farley, seconded by Councilman Reid that Ordinance No. 308 be passed and approved on second and final reading. Said Ordinance No. 308 reads in caption as follows: ORDINANCE NO 308 AN APPROPRIATION ORDINANCE ADOPTING A REVENUE SHARING BUDGET FOR THE ENTITLEMENT PERIOD BEGINNING JULY 1, 1975 AND ENDING JUNE 30, 1976. Voting "aye" - Councilman Frank, Councilman Reid, and Councilman Farley. Councilman Griffin not present at this time. Voting "No" - None Motion passed 3 to 0. ORDINANCE NO. ,304, AN ORDINANCE DETERMINING AND FIXING THE MAXIMUM SCHEDULES OF RATES TO BE CHARGED BY ENTEX, INC.: It was moved by Councilman Farley, seconded by Councilman Reid that Ordinance No. 304 be removed from the table for consideration at this time. Motion passed 3 to 0. Ordinance No. 304 was read in full by Councilman Farley. (First reading) After discussion of this ordinance it was moved by Councilman Farley, seconded by Councilman Frank that Ordinance No. 304 be passed and approved on first reading. Said Ordinance No 304 reads in caption as follows: 274 ORDINANCE NO. 304 AN ORDINANCE DETERMINING AND FIXING THE MAXIMUM SCHEDULES OF RATES TO BE CHARGED BY ENTEX, INC., ITS SUCCESSORS AND ASSIGNS, IN THE CITY OF PEARLAND, TEXAS, FOR NATURAL GAS AND NATURAL GAS SERVICE FURNISHED BY IT TO RESIDENTIAL AND COMMERCIAL CONSUMERS, CONTAINING DEFINITIONS, PROVIDING FOR GAS COST ADJUSTMENTS, FIXING THE EFFECTIVE DATES OF GAS RATES PRESCRIBED IN THIS ORDINANCE, MAKING MISCELLANEOUS PROVISIONS AND REPEALING ALL ORDINANCES IN CONFLICT. Voting "aye" - Councilman Frank, Councilman Reid and Councilman Farley. Councilman Griffin not present at this time. Voting "NO" - None Motion passed 3 to 0. Councilman Griffin entered at 8:10 P. M. J. A. GALINDO: City Manager Wolff explained the correspondence received from Marmon, Mok & Green, Inc. as it relates to the J. A. Galindo request for a Plan Approval Permit. The main point that was brought out was that unlike a specific use permit, a plan approval permit amounts to a change in the ordinance and as such, must go through exactly the same procedure as any other zone change. This would require the following: 1. Petition from applicant; 2. Submission of a Site Plan for the area showing the development requested and for which approval is requested; 3. Public hearings, notice, Commission and Council review as required to amend any provision of the basic Ordinance No. 246; 4. An amending ordinance including the approved site plan. This would be a specific change and use of the property would be limited to the plan approved. Mr. Wolff advised that Mr. Galindo's use of the property would be consistent with a commercial change as well as a plan approval in a Planned Unit district. The other alternative would be a Zoning Change to Commercial. It was moved by Councilman Reid, seconded by Councilman Griffin that this item be re- ferred back to City Manager Wolff to communicate to Mr. Galindo, the alternative methods for pursuing the land use change. Motion passed 4 to 0. NEW BUSINESS: IMPROVEMENT AND BEAUTIFICATION BOARD: Mayor McComb read a letter of resignation from Jeanette Kubasik as a member of the Improvement and Beautification Board. It was moved by Councilman Reid, seconded by Councilman Griffin that the letter of resignation dated May 29, 1975 from Jeanette Kubasik be accepted into the minutes of this meeting. Motion passed 4 to 0. Appointment of a replacement for Mrs. Kubasik will be made at a later time. W APPOINtENT OFFICERS OF IMPROVEMENT AND BEAUTIFICATION BOARD: Mayor McComb recommended that the same officers who had served since the inception of the Board be reappointed for another tem. Weldon M. Rogers, Chairman, Robert B. Bristow, Vice Chairman and Jeri Davis, Secretary -Treasurer. It was moved by Councilman Reid, seconded by Councilman Frank that the following officers be reappointed to the City Improvement and Beautification Board: Weldon M. Rogers, Chairman; Robert B. Bristow, Vice Chairman, and Jeri Davis, Secretary. Motion passed 4 to 0. ZONING BOARD OF ADJUSTMENT: It was moved by Councilman Frank, seconded by Councilman Griffin that Bobby Lee Stevener be appointed as a member of the Zoning Board of Adjustment. Motion passed 4to 0. It was moved by Councilman Griffin, seconded by Councilman Farley that Victor Nolen be named as Chairman of the Zoning Board of Adjustment. Motion passed 4 to 0. PARK BOARD APPOINTMENTS: City Manager Wolff recommended the appointment of Michael Coppinger and Hopie Soria as members of the Park Board. It was moved by Councilman Griffin, seconded by Councilman Farley that the City Manager's appointments to the Park Board of Michael Coppinger and Hopie Soria be confirmed. Motion passed 4 to 0. SECURING OF A PERMIT FOR SANITARY LANDFILL: City Manager Wolff stated that he had been advised by the State Health Department in Rosenberg that there was a simplified form.for application for a solid waste permit. He advised that he had secured this new form and noted that at the time of submittal it does not have to be certified by a registered professional engineer. Also, he advised the City Council that we have done everything we know to do to try to obtain records from the City of Manvel giving us some indication as to its extraterritorial juris- diction and its city limits. We have been pursuing this over the past two months, r-- and in the absence of any communications from the City of Manvel, or the absence of the receipt of the documents we requested by certified mail, he assumed that this land is not in either Manvel's city limits or extraterritorial jurisdiction. He asked for concurrence by the City Council to allow him to submit, in the name of the City, an application for the use of our 50 acre site for a sanitary landfill. 276 It was moved by Councilman Griffin, seconded by Councilman Frank that the City Manager be authorized to prepare the necessary permit documents to be submitted to the State Health Department for the purpose of securing a permit to operate a landfill on the approximately 50 acres of land owned by the City of Pearland. Motion passed 4 to 0. Under discussion it was brought out that for some two years the City has been working with the Commissioner's Court in a joint venture for a County -wide landfill system between the cities and the county. We have gone so far as to jointly fund a study that has been made and from this study it has been determined that our 50 acre site is the best location for a sanitary landfill in north Brazoria County. Councilman Griffin stated that it was his intent that this landfill would be operated as a North Brazoria County Regional Landfill. ENGINEER'S MONTHLY ESTIMATE NO. 3 - R. T. BISHOP CONSTRUCTION COMPANY: Coenco's Inc. Engineer's Monthly Estimate of Work & Materials for sewer lines and appurtenances to serve Brookland Acre$-Mykawa Road was submitted to the City Council for consideration. It was moved by Councilman Farley, seconded by Councilman Reid that we accept Coenco, Inc. Monthly Estimate of Work & Materials No. 3 and that payment be made to R. T. Bishop, Contractor, in the amount of $57,271.68 to be paid from bonds issued for this purpose. Motion passed 4 to 0. BRAZORIA COUNTY DRAINAGE DISTRICT ALLOCATION 1975: It was moved by Councilman Farley, seconded by Councilman Reid that the 1975 Brazoria County Drainage District allocation is to be used for the purchase of pipe for use within the city limits of Pearland and that it be installed for the first one hundred feet, both east and west, of the intersection of Knapp Road and State Highway 35 (Main Street), and any remaining funds be utilized by the City Manager for such projects as are necessary within the city limits. Motion passed 4 to 0. ORDINANCE NO. 309 - AN ORDINANCE REGULATING THE HANDLING AND STORAGE OF EXPLOSIVES WITHIN CITY LIMITS: Ordinance No. 309 read in full by members of the Council. (First Reading) It was moved by Councilman Griffin, seconded by Councilman Frank that Ordinance No. 309 be passed and approved on first reading at a regular meeting. Said Ordinance No. 309 reads in caption as follows: ORDINANCE NO. 309 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, REGULATING AND GOVERNING THE MANUFACTURE, POSSESSION, STORAGE, SALE, TRANSPORTATION, AND USE OF EXPLOSIVE AND BLASTING AGENTS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, TEXAS; DEFINING TERMS; AND PROVIDING FOR EN- FORCEMENT OF THIS ORDINANCE; REQUIRING PERMITS AND on PRESCRIBING FEES; PROVIDING FOR CERTAIN EXEMPTIONS; PROVIDING A PENALTY FOR THE VIOLATION OF ANY OF THE TERMS OF SAID ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RE- LATING TO THE SUBJECT. Voting "aye" - Councilman Frank, Councilman Reid, Councilman Griffin, and Councilman Farley. Voting "no" - None Motion passed 4 to 0. APPLICATIONNO. 16 - CHANGE IN LAND USE - REQUEST BY LOU NIMMONS, TRUSTEE: A request for a change in land use was brought before the City Council for consideration. It was moved by Councilman Reid, seconded by Councilman Farley that Application No. 16 submitted by Lou Nimmons, Trustee be accepted into the records of this meeting, and that a Public Hearing be called before the Planning Commission on July 1, 1975 at 7:30 P. M. to consider Application No. 16. Motion passed 4 to 0 - OTHER BUSINESS: It was moved by Councilman Griffin, seconded by Councilman Reid that Councilman Farley's absence from the meeting of May 12, 1975 be shown as "exausedd absence". Motion passed:3 to 0. Councilman Farely abstained. EXECUTIVE SESSION: Meeting recessed at 9:20 P. M. for Executive Session with City Attorney. Texas Open Meeting's Law - Section 2 (e). Meeting reconvened at 9:45 with no action as a result of Executive Session. Item 10 on the Agenda under new business not ready for consideration at this time. ADJOURN: Meeting adjourned at 9:46 P. M. Minutes approved as submitted and/or corrected this day of , A. D. 1975. &, LI G Mayor ATTEST: City Secretary