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1975-06-23 CITY COUNCIL REGULAR MEETING MINUTES278 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JUNE 23, 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 Carlton McComb Councilman Cecil W. Griffin Councilman Councilman Councilman Councilman City Manager City Attorney City Secretary Harry Farley Gene E. Sanders Tom Reid Benny J. Frank William E. Wolff Bobby J. Williams Dorothy L. Cook INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Art Jones, Council Chaplain. The Pledge of Allegiance was led by Councilman Reid, BID NO. 75-5, REPAIRS TO WATER WELL NO. 4: Mayor McComb 'called for all Bids on 75-5 to be submitted to him. The following bids were opened: VENDOR AMOUNT BID SECURITY Singer (Layne Texas Div.) No Bid Lane Western Co., Inc. $11,645.00 Proposal Bond 5% of Bid Seaboard Surety Company It was moved by Councilman Griffin, seconded by Councilman Farley that the bid be received into the records of the City. Motion passed 5 to 0. APPROVAL OF MINUTES: It was moved by Councilman Reid, seconded by Councilman Farley that the minutes of the meeting held on June 9, 1975 and recessed until June 10, 1975, due to inclement weather, be approved as submitted. Motion passed 4 to 0. Councilman Sanders abstained. r MAYOR'S ACTIVITY REPORT Mayor McComb advised that the County Tax Office was beginning a revaluation of property within the County and that this program is to be carried out over a four year period, with the Pearland area being the first to be revalued. He stated his opposition to property being revalued by sections, since it would-be four years before the last section to be revalued would be equal to the Pearland area. W COUNCIL ACTIVITY REPORTS: Councilman Frank reported that the purchase of the land for the City park would close on June 24, 1975. Councilman Reid reported that the City Improvement and Beautification Board, along with two students from the University of Houston's architectrical school were present and would show film clips of the proposed restoration of the Depot Building. The film clips were shown and the proposed changes were discussed. MEETING RECESSED AT 8:00 P. M. -'RECONVENED AT 8:10 P. M. County Commissioner Griffin was in the audience and asked to speak before the City Council. It was moved by Councilman Sanders, seconded by CouncilmanReidthat Commissioner Griffin be permitted to speak before the City Council. Motion passed 5 to 0. Commissioner Griffin spoke regarding the County Tax Assessor-Collector:'s revaluation of the Pearland.area. He advised that he was opposed to the type of reassessment program being conducted by the County Tax Office. He stated that he felt that reassessment of the County on increment basis was unfair to the people -of this area. They would be paying higher taxes for three years before the last section of the County was revalued.' i DEPARTMENTAL REPORTS: (None) Mr. Joe T. Price,5522 Robinson Drive- Mr. Price was not present at the meeting, however, he had submitted a letter to the City Council requesting permission to place a house trailer -on -his lot while his house was being repaired from.fire damage. Mr. and Mrs. Berger and Mrs. Newsom, owners of property in this subdivision,: voiced opposition to the placement of a house trailer in this area since it was against sub- division regulations. Mayor McComb requested the City Manager to call Mr. Price and ask him to come to the City Hall on Saturday, June 28, 1975 to discuss this matter. Mr. P. W. Schuster, Civic Club President of Twin Creek/Clear Creek.Civic Club. Mr. Schuster was not present at the meeting, however, the Mayor read his letter which outlined the following questions: r- 1. What procedure must the residents of our subdivision follow in order to get the City to: open up Robinson Drive to Telephone Road? 2. Would it be possible that a traffic signal at Telephone Road, if Robinson Drive is extended to Telephone Road, be installed or -a flashing blinker.: installed? 3. When will Knapp Road be widened and resurfaced to carry the traffic load that is growing daily as more houses are built in our subdivision? 4. When will all the streets in our subdivision be brought up to the City of Owl Pearland standards for City streets? Mr. James Gorden, Vice President of the Civic Club,was present at the meeting. City Manager Wolff advised that on the first question, the difficulty was the fact that we had no right of way. Also, when the opening of Robinson Drive to Telephone Road was brought up some three years ago there was a definite stand against such extension by the Civic Club. Councilman Griffin stated that he had worked on the project when it was discussed before and rejected by the Civic Club, however, he felt that the extension of Union Valley to the Old Alvin Road right of way and up Scott Street to Telephone Road and to Mykawa Road would be one alternative. City Attorney Williams stated that regarding item 2 of the request, the State Highway Department approves installation of all traffic devices on State Highways and this is done only after a number of surveys are made. Councilman Griffin to serve on a Committee to check on possibility of obtaining right of way for another access road in and out of the Clear Creek/Twin Creek Woods area. Councilman Griffin asked for feedback from the people in the area as to what they want. The Council advised members of the Civic Club present that part of the allotment from the Drainage District would be for the installation of drainage pipe for 100 feet east and west on Knapp Road. DOCKETED PUBLIC HEARINGS: PURPOSE OF THE .HEARING: (Application No. 15) Request by Metro Finance Corporation to amend Land Use and Urban Development Ordinance as follows: PU to R-2 (Single Family Residential) Tract D, 49.759 acres out of Lots 4,5,6,7, and 8, Willits Subdivision, W. D. C. Hall League. PU to C (Commercial) Tract A, 9.42 acres and Tract C, 8.50 acres, part of Lots 3 and 4 of the Willits Subdivision, W. D. C. Hall League. PU to MF (Multi Family) Tract B, 16.69 acres being part of Lots 3 and 4 of the Willits Subdivision, W. D. C. Hall League. All of the above located in Abstract 70, Pearland, Brazoria County, Texas. COMMUNICATIONS READ INTO RECORDS: 1. Mayor McComb read a letter from Dennis Frauenberger, Chairman of the Planning and Zoning Commission dated May 22, 1975 advising that the Commission voted unanimously to recommend to the City Council that Tract D be rezoned from PU to R-2 (Single Family), that Tract A be rezoned from PU to C (Commercial), and that Tracts B and C remain as PU. 2. Mayor McComb read a letter from John C. Neal, Vice -President of Metro Financial Corporation dated June 18, 1975 advising that they wished to withdraw their request for a zoning change on Tracts B and C. Persons wishing to speak for the requested change: None Persons wishing to speak against the requested change: Mr. Lester Wilkins of 1902 Washington -Irving presented a petition with some 41 names opposing the rezoning of Tract B and Tract..C. Question and Answer Period. Hearing Closed. UNFINISHED BUSINESS: APPLICATION NO. 15, REQUEST FOR CHANGE IN LAND USE BY METRO FINANCIAL CORPORATION: Mr. Wilkins asked permission to speak before the City Council. It was moved by Councilman Reid, seconded by Councilman Farley that Mr. Wilkins be heard by the City Council. Motion passed 5 to 0. Mr. Wilkins asked if the same people would be notified in the event thAt-a request for change would come in forthe property withdrawn from Application No. 15. He was advised that all persons owning property within 200 feet ofthe property rece3ve_a:-cert figd_letter and notices-o-f_chapges. ;ale p1.aco4c*#Lb*wspaperafi and, posted__ n buulletin board of City Hall. It -':.was moved by Councilman. Farley, seconded by Councilman Reid that the City approve the application for zoning change of those tracts designated on the application as Section A, and Section D, PU to Commercial, PU to R-2, and that the Council take no action, leaving them as they are, on Section B and C as described in Application 15, and the City Attorney be authorized to draft the ordinance accordingly. That Tracts B and C are recognized as having been withdrawn from the application by the letter of June 18, 1975 from Metro Financial Corporation over the signature of John C. Neal, Vice President. Motion passed 5 to 0. APPOINTMENT OF MEMBER OF IMPROVEMENT AND BEAUTIFICATION BOARD: The name of Charles Terry Gray was submitted as a member of the Improvement and Beautification Board. It was moved by Councilman Sanders, seconded by Councilman.Reid that Charles Terry Garay be appointed to the Improvement and Beautification Board to fill the unexpired term of Mrs. Jan Kubasik. Motion passed 5 to 0. SECOND AND FINAL READING OF ORDINANCE NO. 304: Ordinance No. 304 read'in full by Councilman Sanders. (Second Reading) It was moved by -Councilman -Griffin, seconded by Councilman-Fgank that Ordinance No. 304 be passed and approved on second and final reading. Said Ordinance.No. 304 reads in caption as follows: ORDINANCE NO. 304 AN ORDINANCE DETERMINING.,=- AND FIXING THE MAXIMUM SCHEDULES OF RATES TO BE CHARGED BY ENTER, INC., ITS SUCCESSORS AND ASSIGNS, IN THE CITY OF PEARLAND, TEXAS, FOR NATURAL GAS AND �IaATk`URAL GAS SERVICE FURNISHED BY IT TO RESIDENTIAL AND COMMERCIAL CONSUMERS, CONTAINING DEFINITIONS, PROVIDING FOR GAS CQ$:T ADJUSTMENTS,.FIXING THE EFFECTIVE DATES OF GAS RATES PRESCRIBED IN THIS ORDINANCE, MAKING MISCELLANEOUS PROVISIONS AND REPEALING ALL ORDINANCE IN CONFLICT. Voting"aye" - Councilman Frank, Councilman Reid, Councilman Griffin, and Councilman Farley. Voting "no" - Councilman Sanders. Motion passed 4 to 1. SECOND AND FINAL READING OF ORDINANCE NO. 309. Ordinance No. 309 read in full by members of the City Council. (Second reading) It was moved by Councilman Farley, seconded by Councilman Reid that Ordinance No. 309 be passed and approved on second and final reading as amended. 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; PROVIDING FOR ENFORCEMENT OF THIS ORDINANCE; REQUIRING PERMITS AND 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; PRO- VIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS. Voting "aye" - Councilman Frank, Councilman Reid, Councilman Griffin, Councilman Sanders, and Councilman Farley. Voting "no" - None Motion passed 5 to 0. MODIFIED CONTRACT WITH COENCO, INC. FOR ENGINEERING SERVICES: The contract with Malcolm Collins of Coenco, Inc., Engineers was discussed by the City Council. It was decided that some modifications would need to be made in the contract before it would be approved by the Council. It was moved by Councilman Griffin, seconded by Councilman Farley that the Contract be referred back to the City Manager and City Attorney for corrections and return to City Council for consideration. Motion passed 5 to 0. Mayor McComb announced that he would likely call a special meeting for June 30, 1975 to consider this item. NEW BUSINESS: RE2UEST BY JOE PRICE FOR SPECIAL PERMIT TO PLACE MOBILE HOME ON LOT: It was moved by Councilman Sanders, seconded by Councilman Griffin that the City Council M take no action as a Council and refer this to the City Manager or Mayor. Motion passed 5 to 0. AWARD OF BID NO. 75-5, REPAIRS TO WELL NO. 4: City Manager Wolff recommended that the City accept the Bid of the Lane Western Company, Inca since the need for repairs on the Well was of vital interest to the health and welfare of the community. It was moved by Councilman Reid, seconded by Councilman Frank that Bid No. 75-5, repairs to`�Fater Well No. 4, be awarded to Lane Western Company, Inc. for $11,645.00 that the City Attorney be directed to prepare a contract for the Mayor's signature. Motion passed 5 to 0. OTHER BUSINESS: It was moved by Councilman Farley, secpndtd by Councilman Reid that the absence of Councilman Sanders from the meeting of June 9/10 be shown as "_excused.. ab ense," Motion passed 4 to 0. Councilman Sanders abstained. ADJOURN: Meeting adjourned at 10:45 P. M. Minutes approved as submitted and/or corrected this the day of A. D., 1975. Mayor ATTEST: City Secretary