1973-06-25 CITY COUNCIL REGULAR MEETING MINUTES220
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, HELD ON JUNE 25, 1973 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 Gene E. Sanders
Councilman B. J. Frank
City Manager William E. Wolff
City Attorney Bobby J. Williams (Entered 7:40 P. M.)
City Secretary Dorothy L. Cook
Absent from the meeting: Councilman Farley and Councilman Reid.
INVOCATION AND PLEDGE OF ALLEGIANCE:
The invocation was given by Mayor McComb.
Sanders.
APPROVAL OF MINUTES:
The Pledge of Allegiance was led by Councilman
It was moved by Councilman Sanders, seconded by Councilman Griffin that the minutes of
the regular meeting held on June 11, 1973, be approved as submitted. Motion passed
3 to 0.
MAYOR'S ACTIVITY REPORT:
Mayor McComb reported that on June 18, 1973, Ralph Lowe, Mayor of Friendswood called and
requested that he and the Mayor of LaMarque attend a meeting in Friendswood concerning
Clear Creek drainage. Mayor Lowe requested that the Mayor of LaMarque and the Mayor
of Pearland jointly long with the Commissioner's Courts of both Countiesfask for assistance
from Representatives and Senators to try to get the large project of clearing out Clear
Creek started. Resolutions regarding this matter will be placed on the agenda at a later
date.
COUNCIL ACTIVITY REPORTS:
Building Permits: Councilman Frank requested that the City Council be furnished with
information as to what permits for buildings have been issued by the City of Pearland's
Inspection Department. This information should be available to the City Council
each meeting and cover the period=_between-each Council meeting.
Right -of -Way Coordinator. Councilman Sanders reported that.since the last Council
meeting, a proposed right-of-way map has been given to the Council for consideration.only-
DEPARTMENTAL REPORTS:
City Manager Wolff advised the City Council that the Mobil Oil Company haa cut our allocation
to 91% instead of the 120% originally promised the City. The Mobil Company advised that
the Department of Interior, Oil & Gas Division,ha:d issued a mandate to the oil companies
that they would deliver as bulk only 91% of the previous year's requirements.
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Mr. Wolff advised that he had made arrangement with a local station to furnish gas to
the police cars', however, at this time the City will dispense with all unnecessary use
of diesel fuel which will mean`no more mowing of right-of-ways and vacant lots until our
allocation of petroleum products is received of July. Mr. Wolff advised that he had
discussed this problem with Mr. Fuller of the Governor's office and they were not aware
of this 91% allocation.
Councilman Sanders suggested that the City contact Congressman Bob Casey to see if we
can find out about allocations to municipalities by the Department of Interior.
Texas Water Quality Board: City Manager Wolff advised the City Council of a meeting of
the Texas Water Quality Board to be held on June 26, 1973, at which time the staff will
report to the Board their recommendation on, the modification of the discharge standards
into Clear Creek.
CITIZENS:
Mayor McComb read a written request from Mrs. Frances Jamison to speak before the City
Council.
It was moved by Councilman Sanders, seconded by Councilman Frank that this request to
speak before the Council be denied until such time as it is presented properly and
concisely to the Council as to what is to be discussed. Motion passed 3 to 0.
DOCKETED PUBLIC HEARINGS:
1. REQUEST FOR AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE BY OWNERS OF
PROPERTY - LOT 64A IN ABSTRACT 542 and LOT 65 IN ABSTRACT 232, CONTAINING 30 ACRES MORE
OR LESS.
2. PERSONS WISHING TO SPEAK AGAINST THE AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT
ORDINANCE. None
3. PERSONS WISHING TO SPEAK FOR THE AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT
ORDINANCE.
James E. Coate, Attorney, representing the property owners spoke before the City
Council requesting that'an amendment be adopted to the Land Use and Urban Development
Ordinance changing the classification of the property from P. U. and G. B. to an
M-1 District. Mr. Coate stated that Val Cap, a firm handling bulk storage and dispensing
of propane and other petroleum productswill be moumng to this location if the change
is approved. This firm hopes to use the highway and railroad facilities available at
this location. Mr. Coate advised that all steps had been completed up to this point
as to comply with the Ordinance. Also, that during the Hearing by the Planning and
Zoning Commission, the Fire Marshalaand Fire Chief. spokeTfavorably on this type of
operation which is under the control of the Railroad Commission of Texas.
Mr. Jackie H. Fields, Jr. and Mr. Jim McGrady, Executive Vice Present of Val Cap, were
present to answer any questions that the Council or others present might like to ask.
80ESTION AND ANSWER PERIOD:
Councilman Sanders stated for the record that the Planning & Zoning Comission had recommended
this change.
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Mayor McComb asked the length of time, if the amendment is approved, would it be before
construction was started. Representatives of Val Cap advised that they hoped to
start shortly so that it could be completed before the winter season.
CLOSE OF HEARING: All persons present having been given an opportunity to be heard,
the Hearing closed at 8:05 P. M.
UNFINISHED BUSINESS:
FINAL REPORT OF THE CHARTER REVIEW COMMISSION:
Mayor McComb read into the record the Final Report of the Charter Review Commission
as signed by the Chairman,Richard Beaubouef. Original of this report mn file in the
office of the City Secretary. Report dated June 18, 1973.
It was moved by Councilman Sanders, seconded by Councilman Griffin that the Report of
the Charter Review Commission for 1973, signed by Richard Beaubouf, Chairman, and
dated June 18, 1973, be received into the city records. Motion passed 3 to 0.
City Attorney Williams stated that there were considerably more changes needed in the
Charter than outlined in the report. Mayor McComb suggested that the City Attorney
get in touch with the Chairman and discuss this matter, and if necessary, he would
call a special meeting before the lst of July to receive an addendum to the report,
if the Commission so desired.
CONSIDERATION AND POSSIBLE ACTION - FINAL REPORT OF CHARTER COMMISSION:
This item to be placed on the next regular agenda.
SECOND AND FINAL READING OF ORDINANCE NO. 254:
Ordinance No. 254 read in full by Councilman Frank.
It was moved by Councilman Frank, seconded by Councilman Griffin that Ordinance No. 254,
an ordinance altering the prima facie speed limit on Dixie Farm Road from East Broadway
to Willits Drive to 35 miles per hour, be passed and approved on second and final reading.
Said Ordinance No. 254 reads in caption as follows:
ORDINANCE NO. 254
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED
FOR VEHICLES UNDER THE PROVISIONS OF ARTICLE 6701D, VERNOW 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.
Voting "aye" - Councilman Frank, Councilman Griffin, and Councilman Sanders.
Voting "no" - None
Motion passed 3 to 0.
22.8
NEW BUSINESS:
APPOINTMENT OF W. D. MORGAN TO BOARD OF.ADJUSTMENT & APPEALS:
This item to be placed on next agenda. City Secretary requested to contact Mr. Morgan
to be present at the meeting.
ORDINANCE AMENDING THE OFFICIAL LAND USE MAP:
Proposed Ordinance read in full by Councilman Griffin.
It was moved by Councilman Griffin, seconded by Councilman Frank that Ordinance No. 255
be passed and approved on first reading. Said Ordinance No. 255 reads in caption as
follows:
ORDINANCE NO. 255
AN ORDINANCE OF THE CITY OF PEALAND, TEXAS, AMENDING ORDINANCE
NO. 246, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE
OF THE CITY OF PEABLAND, TEXAS;. PROVIDING FOR AMENDMENT TO
THE LAND USE DISTRICT MAP, PROVIDING AN EFFECTIVE DATE AND
CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT.
Voting "aye" - Councilman Sanders, Councilman Griffin, and Councilman Frank.
Voting "no" - None
Motion passed 3 to 0.
City Manager requested to contact the owners of the 100 ft. strip of property located just
North of the property described in this ordinance and see if they wish to change classifica
NOTICE FROM BRAZORIA COUNTY REGARDING HEARING ON PROPOSED LANDFILL SITB:
Mayor McComb advised that some two or three weeks ago'we received notice of a Hearing on
the application of Mr. Hill. Last week we received a notice that Mr. Hill had withdrawn
his application and we received another notice of a Hearing on the 3rd day of July, 1973,
on the same tract under the name of the Brazoria County Disposal Association. -Mayor
McComb read from Ordinance No. 215, an ordinance regulating santitary landfills within
the City, and the extraterritorial jurisdiction of the City. The City Secretary advised
that no applications have been received by the City for operation of a landfill as required
by this ordinance. Mayor McComb stated that singe we have heard nQtihzng from the
proposed landfill operators and the Hearing by the County is on the 3rd, he proposed that
the City go on record as opposing this landfill.
It was moved by Councilman Griffin, seconded by Councilman Frank that the City go on record
as opposing the County's granting approval of application for operation of a sanitary
landfill on the tract of land described in the copy of the Hearing Notice. Motion
passed 3 to 0.
r Mayor McComb read a prepared letter to Mr. Maurice Davis, Hearing Examiner 4dvi6in4 him
that the City Council of Pearland has not received a request from this firm for a permit and
that the
Mazoria County Disposal Corporation of Clute, Texas) be refused the application for-
-the license at this time.
Meeting recessed at 8:40 P. M. - Reconvened at 8:45 P. M.
RECONSIDERATION OF AGREEMENT WITH BRAZORIA COUNTY COMMISSIONER PRECINCT NO. 3:
2 d4
Mayor McComb stated that since the Agreement with the County was signed and returned
to the County requesting reinforced concrete pipe in an existing ditch to permit
continuation of County Road 112, a number of discussions with the Drainage District
have been held. It was brought out in the discussions that there is a deficiency
in pipe going down Orange Street that this Mykawa Road pipe would go into, therefore,
he felt that the City should withdraw its request for the 48" concrete pipe as
requested in the Agreement. He recommended that the City ask the Commissioner
of Precinct No. 3 �Iirchase $8,000.00 worth of 60" pipe to be placed down Orange
Street. The City has already started working with the Drainage Commission to
financially arrange to get the balance of the pipe for the Orange Street project. We
will then have a total project from Mykawa Road down Orange Street to the Railroad
tracks. This will alleviate some of the drainage problems in Willowcrest and
Mimosa Acres.
It was moved by Councilman Griffin, seconded by Councilman Sanders that we withdraw
our previous request for 48" pipe as our $8,000.00 allocation from the County, and
that we resubmit a request that our $8,000.00 allocation be applied to the purchase of
60" pipe to continue the Orange Street drainage project. Motion passed 3 to 0.
It was moved by Councilman Sanders, seconded by Councilman Frank that County Commissioner
Billy Griffin be heard by the City Council. Motion passed 3 to 0.
Commissioner Griffin stated that he would like to do road work with the $8,000.00
allocation. Commissioner Griffin was advised that the pipe requested was to be place
in easement of a County designed road.
Mayor McComb read a prepared draft of a letter to Commissioner Griffin requesting
the $8,000.00 allocation go for the purchase of 60" pipe to continue the Orange
Street project. This letter will be signed and mailed to Commissioner Griffin
in compliance with the motion passed by the City Council regarding the $8,000.00
allocation.
Mayor McComb read a letter dated June 26, 1973, addressed to the Drainage Commissioners
and enclosing a copy of the letter to Commissioner Griffin, requesting the Drainage
Superintendent and City Manager Wolff to work out details of our Agreement with the
Drainage District for the Orange Street project for presentation to both bodies for
approval.
It was moved by Councilman Sanders, seconded by Councilman Frank that the City Council
endorse Mayor McComb's letter to the Drainage District Commissioners of June 26, 1973.
Motion passed 3 to 0.
FLOOD INSURANCE:
A discussion was held regarding Federal Flood Insurance for Pearland residents.
It was moved by Councilman Sanders, seconded by Councilman Griffin that the City Manager,
with the assistance of the City Attorney, prepare an application to the Federal Insurance
Administrator for eligibility under the Federal Flood Insurance Program. Motion passed
3to0.
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TRAFFIC ENGINEER'S REPORT:
City Attorney Williams read Traffic Engineer's Reports Nos. 14 and 15.
It was moved by Councilman Sanders, seconded by Councilman Frank that the City Council
approve Traffic Engineer's Reports Nos. 14 and 15, and that the said traffic oontrol
devices be officially declared traffic control devices in and for the City of Pearland.
Also, that these reports be spread upon the minutes of this meeting. Motion passed
3 to 0.
Report No. 14 -
One Stop Sign - located on the Southwest corner of Main Street and Plum Street facing
West requiring the traffic on Plum Street to STOP before entering onto Main Street.
Report No. 15 -
Three signs "THRU TRUCKS PROHIBITED• prohibiting through trucks from using Longwood
Drive ,to travel from East Broadway (FM 518) to the City Limits on Paul Drive.
Sign No. 1 Forty feet northeast of East Broadway (FM 518) on the East side of
Longwood Drive facing South.
Sign No. 2 - Forty feet South of the South property line of Paul Drive on the West side
of Longwood Drive facing North.
Sign No. 3 - Thirty feet West of the West City Limits on the North side of Paul Drive
facing East.
OTHER BUSINESS:
A number of residents living along Dixie Farm Road were present and expressed their
opposition to the sand pit located on Dixie Farm Road near Highway 35 being used as
a dumping ground.
ADJOURN:
All business being concluded, the meeting adjourned at 9:25 P. M.
Minutes approved and submitted and/or corrected this day of ,
A. D. 1973.
v
Mayor
Attest:
City Secreta