1975-07-14 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF. THE CITY.OF PEARLAND, TEXAS,
HELD ON JULY 14, 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 Gene E. Sanders
Councilman Harry Farley
Councilman Benny J. Frank
City Secretary Dorothy L. Cook
Tax Assessor James 0. DeShazer
Absent from the meeting: Councilman Reid, Councilman Griffin, and City Manager
William Wolff.
INVOCATION AND PLEDGE OF ALLEGIANCE:
The invocation was given by Sonny Steed of the First Baptist Church of Pearland.
The Pledge of Allegiance was led by Councilman Farley.
APPROVAL OF MINUTES:
It was moved by Councilman Frank, seconded by Councilman Farley that the minutes of
the regular meeting held on June 23, 1975 be approved as submitted. Motion passed
3 to 0.
It was moved by Councilman Farley, seconded by Councilman Frank that the minutes of
a special meeting held on June 30, 1975 be approved as submitted. Motion passed
3 to 0.
MAYOR'S ACTIVITY REPORT:
Mayor McComb read two letters regarding environmental pollution. One letter, dated
June 27, 1975, was from John C. White, Acting Regional Administrator, stating that there
has been a great misunderstanding regarding the "Oxidant Control Strategy" for the State
of Texas. Also, that the Agency does not plan to utilize severe measures, such as a
75% reduction in vehicle miles travelled, or gasoline rationing, as has been reported.
The other 'letter was.from Senator Lloyd Bentsen, dated ,June 24, 1975, advising that
the Senate Subcommittee on environmental pollution has just begun to work on amend-
ments to the Clean Air Act. He advised that he felt the act would be amended to
provide local areas with 'greater flexibility in cleaning their air.
COUNCIL ACTIVITY REPORTS:
Councilman Farley advised that he had met with representatives of the School Board in
an effort to go forward on the studying the possibility of combining the tax offices
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of the City and School. Dennis Frauenberger has agreed to be the Chairman of
this joint effort and he is now working with Mr. Wolff and James DeShazer, represent-
atives of the County, and the School Board in an effort to present some statistical
data for comparison.
Councilman Frank reported that the Park Board held a meeting on Saturday, July 5,
1975, and two more items are to be completed before we receive reimbursement for
the purchase of the City Park from the State and Federal Government. A name will
need to be selected, and a sign placed at the park site. The Park Board will be
receiving suggestions on the name until the last of July. The item of naming of the
park will be on the council agenda the first meeting in August.
CITIZENS: Mr. Richard Ford was not present at meeting.
DEPARTMENTAL REPORTS: None
DOCKETED PUBLIC HEARINGS: None
UNFINISHED BUSINESS:
CHARTER REVIEW COMMISSION REPORT:
Mayor McComb read the following report dated June 10, 1975 from the Charter Review
Commission;
"June 10, 1975
Honorable Mayor and City Council
Pearland, Texas 77581
Reference: Report from the Charter Review Commission 1975.
Gentlemen:
In liew of a personal appearance before the Council, the Charter Review Commission
wishes to submit this letter of transferal to report its procedures and proposals.
A Charter Review Commission was established on February 4, 1975, and the following
were appointed: Richard Beaubouef, Anna Stock, Howard Suttle, C. C. Brooks and Carl
Halik. At an organizational meeting on February 24, 1975 the Commission elected
Mrs. Anna Stock as their Chairman and decided to hold a public hearing to invite input
from all citizens. A public meeting was held on May 13, 1975 by the Charter Review
Commission. Due legal notice was given and articles announcing the meeting appeared
in two local papers. No person appeared to testify. On May 22, 1975 the Commission
met again. Bobby Williams gave ideas and general advice. The Commission then
drafted two charter changes which we now recommend to you to be placed on the
ballot. These were also submitted to the City Attorney.
(1) Amendment to Section 3.10, Page 10 to read "Except as otherwise provided,
it should be necessary to the validity of any ordinance that it shall be read and
considered at two (2) regular sessions or at one (1) regular session and one (1)
special session".
(2) Amendment to Section 3.01, paragraph (e) to read "Councilmen shall be limited
to two (2) full consecutive elected terms of office and the Mayor shall be limited to
three (3) full consecutive elected terms of office".
Sincerely,
s/ Anna Stock
Chairman, Charter Review
Commission-
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Also, the following opinion from the City Attorney dated July 7, 1975:
"July 7, 1975
Mayor & City Council
City of Pearland, Texas
Re: Proposed Charter revisions approved by Charter Review Commission May 22, 1975.
Gentlemen:
I have received and reviewed the proposed Charter revisions passed and approved
by the 1975 Charter Review Commission and hereby submit the following opinions
regarding same:
1. Amendment to Section 3.10, reading of ordinances.
It is my opinion that this proposed amendment would greatly expedite the ordinary
business affairs of the City, and I recommend that the proposal as framed be submitted
to the voters of the City for approval at the next regular City Election. It is
further my opinion that this proposed amendment would in no way affect the timely
notice of meetings and/or the Texas Opens Meeting Law.
2. Section 3.01 (e) Number, Section and Term.
I hereby express no opinion regarding this proposed amendment, and leave the
approval of same to the Council and general public. I find nothing legally repugnant
about the proposal as worded.
If you have any questions please advise.
Yours very truly,
S/ Bobby J. Williams
r--- BJW/bk "
It was moved by Councilman Farley, seconded by Councilman Sanders that we receive into
the records of the City, the Charter Review Commission's Report dated June 10, 1975,
and also the City Attorney's Report dated July 7, 1975. Motion passed 3 to 0.
The publication and any other pertinent business regarding the reports will be on
the next regular council agenda.
APPLICATION NO. 16 - REQUEST BY LOU NIMMONS, TRUSTEE, FOR CHANGE IN ZONING:
Mayor McComb read a letter dated July 1, 1975 from Richard Tetens, Acting Chairman of
the Planning and Zoning Commission stating that the Commission voted 3 to 2 to recommend
to the City Council that the request of Lou Nimmonsr Trustee for a change in land use
from GB to MF be granted.
I— It was moved by Councilman Frank, seconded by Councilman Sanders that the letter report
from the Planning and Zoning Commission be received into the records of the City.
Motion passed 3 to 0.
NEW BUSINESS:
ENGINEER'S MONTHLY ESTIMATE NO. 4 - R. T. BISHOP CONSTRUCTION COMPANY - BROOKLAND ACRES
MYKAWA ROAD'PROJECT:
Engineer's Monthly Estimate No. 4 in the amount of $43,210.44 was blzougb;t before the City
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Council for consideration.
It was moved by Councilman Farley, seconded by Councilman Frank that upon the recommendation
of the City Engineer that payment in the amount of $43,210.44 be made to the R. T
Bishop Construction Company as indicated on the Monthly Engineer's Estimate No. 4.
Motion passed 3 to 0.
ORDINANCE NO. 310 - AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATERWORK'S SYSTEM TIME
WARRANTS:
Ordinance No. 310 read in full by Councilman Frank. (First Reading)
It was moved by Councilman Frank, seconded by Councilman Farley that Ordinance No. 310 be
passed and approved on first reading, as amended. Said Ordinance No. 310 reads in
caption as follows:
ORDINANCE NO. 310
AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATERWORKS
SYSTEM TIME WARRANTS OF THE CITY OF PEARLAND, TEXAS;
PRESCRIBING THE TERMS AND CONDITIONS THEREOF AND UPON
WHICH SUCH WARRANTS SHALL BE ISSUED; LEVYING TAXES
TO PROVIDE THE PAYMENT THEREOF; AND CONTAINING OTHER
PROVISIONS RELATING TO THE SUBJECT.
($12,000.00 in Time Warrants for repair to Well No. 4)
Voting "aye" - Councilman Frank, Councilman Sanders and Councilman Farley.
Voting "no" - None
Motion passed 3 to 0.
ORDINANCE NO. 246-10, AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING THE LAND USE
AND URBAN DEVELOPMENT ORDINANCE. APPLICATION NO. 15, METRO FINANCIAL CORPORATION:
Ordinance No. 246-10 read in full by Councilman Sanders.
It was moved by Councilman Sanders, seconded by Councilman Farley that Ordinance No. 246-10
be passed and approved on first reading. Said Ordinance No. 246-10 reads in caption
as follows:
ORDINANCE NO. 246-10
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.
(Part of Lots 3 and 4 of Will¢tts Subdivision -
Tract A - "PU to "C" - 9.42 acres. 49.759 acres
out of Lots 4,5,6,7 and 8 - Willetts Subdivision
known as Tract D - "PU to "R-2".)
Voting "aye" - Councilman Frank, Councilman Sanders and Councilman Farley.
Voting "no" - None
Motion passed 3 to 0.
A RESOLUTION tS+T'ABLIS TING ' THE FEES 'M BE CHARGED `UNDER `ORDINANCIE"NO. "309
This item to be placed on the agenda at a later date.
SELECTION OF AUDITOR FOR FISCAL YEAR ENDING SEPTEMBER 30, 1975:
This item to be placed on next agenda.
OTHER BUSINESS: None
EXECUTIVE SESSION: None held at this meeting.
ADJOURN: Meeting adjourned 8:45 P. M.
Minutes approved as submitted
A. D. 1975.
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ATTEST:
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City Secretary
and/or corrected this the �,7�--day of
_A6;t-'2� )If- lizz-1/
Mayor, City of Pearland, Texas