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1973-08-13 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY'OF TEARLAND'HELD ON AUGUST 4i 13, 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 Councilman Councilman Councilman Councilman Councilman City Manager City Attorney City Secretary INVOCATION & PLEDGE OF ALLEGIANCE: The invocation was.given by Councilman Reid. Mr. Cullisoh7frwm-Mimosa Acres. Carlton McComb Cecil W. Griffin Harry Farley Gene E. Sanders Tom Reid B. J. Frank William E. Wolff Bobby J. Williams Dorothy L. Cook The Pledge of Allegiance was led by APPROVAL OF MINUTES: It was moved by Councilman Sanders, seconded by Councilman Reid that the minutes of the regular meeting held on July 23, 1973, be approved as submitted. Motion passed 5 to 0. It was moved by Councilman Griffin, seconded by Councilman Sanders that the minutes of the Public Hearing held,on July 30, 1973,be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Fire Department Request: Mayor McComb referred to a recent request by the Fire Department. for adequate traffic devices at the intersection of Old Alvin Road and Orange Street to protect the emergency vehicles as they leave the main fire station. This matter was turned over to Chief Singleton, Acting Traffic Engineer for the City,and he has responded by suggesting that a flashing red light be installed in the middle of the intersection and each time the fire equipment leaves the fire house a button will be pushed which will allow time for the equipment to get through the intersection. Mayor McComb assigned Councilman Frank as Safety Coordinator to check with the Chief and the Fire Department and if this is agreeable then request the City Manager to install such a flashing light. Landfill Hearing - Mayor McComb stated that he wished to thank the people who have appeared before the Council at meetings and at the Public Hearing on the proposed landfill site on -Highway 35 and Dixie Farm Road. j i COUNCIL ACTIVITY REPORT: Question,41a -re-ta�C3t Wiens: Councilman Griffin reported that the City has received 622 cards out of approximately 2200 -.cards sent out. A deadline for returning the cards has been set for August 27, 1973.. DEPARTMENTAL REPORTS.: None. CITIZENS: None Mayor McComb requested that the items of the Agenda,be changed and hearing no objections the following items were considered. 240 UNFINISHED BUSINESS: Item 2 - CONSIDERATION AND POSSIBLE ACTION - APPLICATION OF BRAZORIA COUNTY DISPOSAL CORPORATION FOR OPERATION OF A SANITARY LANDFILL: Mayor McComb stated that he received a copy of a letter from the Southwest Region Area Coordinator, Federal Aviation Administration, addressed to Mr. David L. Houston, State Department of Public Health in Austin. This letter stated that contrary to the information furnished before, he recommended that the application of the Brazoria County Disposal Corporation be denied. The basis for the recommendation was creating an area near an airport (Clover Field) which would attract birds thereby creating a hazard to aircraft operating from and to this Field. Mayor McComb asked each Councilman to comment on this proposed landfill. The following comments were made: Councilman Farley: Sand pits in general are not readily adaptable for use as sanitary landfills in this region, and that more importantly, this particular sand pit is in a strata of water sand and the risk of infiltration into water sands due to possible failure of the clay membrane is very high. Sand pits not readily adaptable in this region is substantiated by Public Health Service, Al Green former president of H. E. P. and Burgess Grosenbach, Governor's Committee on Pollution. Provision for disposal of_ -rainwater leachate from the pit is inadequate to insure protection of adjacent streams from pollutants. Pearland is now under state order to improve effluent= now being pumped into the Clear Creek Basin. This site would not be in the best interest of this order. The large existing pit size compared to the total acreage of the site and the small access around the three sides.does not provide the buffer with adjacent property for access, protection and control. Councilman Sanders: Certain misrepresentations or erroneous statements made in the application as to the ownership of the property were =- disproven in the Public Hearing. The application stated that the Brazoria County Disposal Corporation owned the property in question, however, it was brought out in the Public Hearing that they merely had an option on the property. Councilman Griffin: At the Hearing inquiry was made as to the availability of financial statements on the applicant. Last week a letter was received from Mr. Lyster who is one of the principals in the application. This letter was on a letterhead of Freeport Iron and Metal Corporation. The Setter contained a good deal of information on Mr. Lyster in relationship to disposal operations. This was not the type of information we were interested in since it seemed to relate more to the Freeport :financial Iron and Metal Corporation and not to the applicant. Without adequate/information on the Corporation itself it would seem that the information on the owners would not do any good. No additional information has been received to satisfy the requirements. Councilman Reid: Councilman Reid complimented the citizens and also the Brazoria County Disposal representative for their conduct during the Hearing. We very definitely need a method to dispose of our solid waste, however, he felt that the proposed use of would be. this site ./ inconsistent with projected uses as shown in the Master Plan of the City. 24] It is also inconsistent with current trends of population and business growth in this area. The Houston -Galveston Area Survey which was conducted by a thirteen county governmental agency indicated that based on scientific evidence and evaluation the survey determined that proper location of a landfill should be located somewhere in Brazoria County other than the Pearland area. The application considered at the Public Hearing and considered -at this time involves a sandpit that happened to be a hole t— in the ground which was convenient for a landfill operation but was not scientifically selectedfor a projected landfill operation. Councilman Frank: A bird hazard exists to aircraft and the Federal Aviation circular dated March 1972 stated that municipal attention should be given to the fill level and clearance of airport s and . to- land that .wpit-ld create • bird -, haza-r-ds . Birds are attracted to garbage dumps. Such areas should be eliminated from -the airport vicinity by municipal pressure and influence. It was moved by Councilman Reid, seconded by Councilman Sanders that the application of the Brazoria County Disposal Corporation for operation of a landfill at the Hill Sand Pit site be denied and the basis of such denial will be on the following observations: A. REGARDING THE SPECIFIED SITE 1. That sand pits in general are not readily adaptable for use as sanitary landfills in this region, and that more importantly, this particular sand pit is in a strata of water sand and the risk of infiltration into water sands due to possible failure of the clay membrane is very high. 2. That provision for disposal of rainwater leacheate from the pit is inadequate to insure protection of adjacent streams from pollutants. 3. That a definite hazard to air traffic, at the adjacent airport, from increased bird populations may result. 4. That proposed usage is inconsistent with projected uses as shown in the Master Plan of the City of Pearland and present use trends in the area. 5. That inadequate beautification plans have been presented for the protection of the general area and surrounding property owners. 6. That the large existing pit size compared to the total acreage of the site does not provide adequate buffer with adjacent property for access or protection and control. B. REGARDING THE OPERATOR OF THE SITE 1. That certain representations as to ownership made in the application are not consistent with the facts brought forward at the Hearing. 2. That adequate financial statements and bonding ability have not been presented. 3. That the proposed operator or its owners has a history of non-compliance with State Laves in other instances, and by newspaper accounts has exhibited a lack of sensitivity to public opinion. 4. That the operator has indicated an unwillingness to supply after -hour collection containers to prevent littering of streets surrounding the land- fill site. C. REGARDING ENFORCEMENT AND POLICING OF OPERATING REQUIREMENTS 1. That no adequate mechanism exists to insure compliance with State and County Regulations. 2. That grave irreparable damages to the area may occur if State and County Regulations are not strictly followed. 2-42 3. That private enterprise does not have a continuing motive for long range protection of the area, neither does it have assured continuing financial support to _assure compliance with laws or other protective measures which may be required to protect the area and surrounding property owners. 4. That a governmental entity is more sensitive to the needs of the area and to public pressure, and that a governmental entity has greater assurance of ongoing financial support to provide continuing compliance with State and County Regulations. Also, that the Mayor be authorized to send a letter to the proper authorities advising them of the Council's decision. MEETING RECESSED AT 8:00 P. M. Motion passed 5 to 0. RECONVENED AT 8:15 P. M. JAMES B. ANDERSON'S REQUEST FOR RELEASE OF BUILDING PERMIT, LOT 9, BLOCK 3, SLEEPY' HOLLOW SUBDIVISION: It was moved by Councilman Sanders, seconded by Councilman Griffin that the tabled motion of July 23, 1973, be brought back to the table for consideration. Motion passed 5 to 0. TABLED MOTION: It was moved by Councilman Farley that the building permit as described, Lot 9, Block 3, Sleepy Hollow Subdivision be released. Seconded by Councilman -Griffin. ACTION ON THE MOTION: Councilman Farley stated that he wished to withdraw this motion. Councilman Griffin agreed to withdraw his second. Motion withdrawn. It was moved by Councilman Griffin, seconded by Councilman Farley that the City Manager be authorized to release building permits on only Lots 7, 9 and 10 of Block 3 of Sleepy Hollow Estates, and that the City of Pearland hereby reaffirms that no permits for home construction will be issued for any other lots in Blocks 1, 2, 3, or 4 of said Subdivision until all required improvements are completed in conformity with applicable city ordinances. Motion passed 5 to 0. Councilman Sanders read into the records the following letter: "July 27, 1973 Mr. William Wolff City Manager Pearland, Texas Dear Mr. Wolff: This is to inform you that Dr. William McDaniel and I do not intend to sell any of our Sleepy Hollow lots that do not face Yost Road. Any other lots sold by us or by a purchaser from us will be sold only after the improvements have been installed. Sincerely, s/ James R. Rau, M. D." This letter shows the approval of Bobby J. Williams, City Attorney. DOCKETED PUBLIC HEARINGS: 24 APPLICATION N0: 2 FROM VERNON HALIK FOR AMENDMENT TO LAND USE ORDINANCE: North 10 acres of Tract No. 52, Section No. 2, Abstract 542 in Brazoria County, Texas Requested changefrom PU to C. (Heretofore approved by the Planning & Zoning Commission on July 23, 1973, by letter to the City Council.) PERSONS WISHING TO SPEAK AGAINST THIS CHANGE: None PERSONS WISHING TO SPEAK FOR THIS CHANGE: Vernon Halik QUESTIONS FROM THE CITY COUNCIL: None HEARING CLOSED APPLICATION NO. 3 AND 3A - DONALD HALIK, ET UX AND ROBERT I. ELLIS FOR AMENDMENT TO LAND USE nAnTMAMrF . - - - Application No. 3 - North 1/2 of Lot No. 37, Section 2, Abstract 542, Brazoria County, Texas. Requested change from PU to C and PU to M-1. (Heretofore approved by the Planning & Zoning Commission by letter to the City Council dated July 23, 1973.) Application No. 3A - South 1/2 of Lot No. 43, Section 2, Abstract 542_in Brazoria County, Texas. Requested change from PU to C. (Heretofore approved by the Planning .& Zoning Commission by letter to the City Council dated July 23, 1973.) PERSONS WISHING TO SPEAK AGAINST THESE CHANGES: None PERSONS WISHING TO.SPEAK FOR THESE CHANGES: Donald Halik and Robert I. Ellis QUESTIONS FROM THE.CITY COUNCIL: None HEARING CLOSED. APPLICATION NO. 4 - ARCHIE L. MILES FOR AMENDMENT TO LAND USE ORDINANCE: Lot 13, Block 2, Regency Park Subdivision. Requested change from MF to NS. (Heretofore approved by the Planning & Zoning Commission by letter to the City Council dated July 23, 1973.) PERSONS WISHING TO SPEAK AGAINST THIS CHANGE: Mrs. Dee Jordon asked if this change would affect her property or if she would have to go through the same procedure to change the classification of hers. She was advised that this change affected '_- lir. Miles property only and other changes would have to be instituted in the same manner. (Mrs. Jordon stated that her inquiry was not intended to be a statement against the change. PERSONS WISHING TO SPEAK FOR THIS CHANGE: Mr. Miles stated that he planned to open a Book Store, to be operated by his wife, and the other area of the building planned would be leased out. Neighborhood Services under the Land Use Plan would be adhered to in all leases. Mr. Miles advised the Council that the type of Book Store his wife would operate would not be detrimental to the area location or the entire community. QUESTIONS FROM THE COUNCIL: Councilman Griffin asked Mr. Miles if this lot was located on Old Alvin Road and North of the Regency Apartments. Mr. Miles answered that it=was and near the new Junior High School Building. COMMENTS FROM THE_COUNCIL:, Councilman Sanders stated that he felt that this change was a unique situation in that this lot is separated on one sideAZWafnage ditch and "-'% the other side by the apartments from other lots in the same subdivision, and does back up to other residential lots in the same subdivision, however, since no opposition was made to this change we have to assume that there is no opposition. Councilman Sanders stated that this was a dangerous precedent of changing one lot at a time under the Land Use Ordinance, however, in this case he did not plan to vote against it. HEARING CLOSED: NEW= BUS1NESS r ; CONDITION OF MYKAWA ROAD: Councilman Frank and Councilman Sanders requested this item placed on the Agenda for this meeting. Councilman Frank discussed the need of,repairs on Mykawa Road, particularly the area between Knapp Road and Clear Creek. Councilman Sanders stated that the road was completely rebuilt in approximatly 1962 by the County, however, it has been determined that the 3" of base under the road is now gone. One -of the major factors in the area between Knapp and Clear Creek is the lack of right-of-way.which makes the road tend to slip off into the ditches. Councilman Sanders further stated that we would have no road until the entire road was rebuilt. Also, that until such time as we rebuilt the road we should stop through trucks from traveling this route and reduce the speed limit. .j 44 Councilman Frank stated that he had discussed the possibility of load limit being placed on this road with the Acting Traffic Engineer. If this can be done it will stop most of the truckscausing damage to the road. Mayor McComb advised the Council that due the cost of major sewer repairs this year the City has no funds at this time, however, if the Council desires there is $3,042.00 in the 1972 Revenue Sharing Fund that has been voted to apply to Creekridge Drive and McGinnis Drive that could be transferred to Mykawa Road to get started on this job. The Creekridge and McGinnis streets could be picked up in the new budget. City Manager Wolff advised that $3,042.00 would enable him to add some base to the road between Knapp Road and Clear Creek and use either an oil or maybe a single penetration of asphalt. He stated that he did not consider this a solution to the problem but it would be a contribution to the solution. It was moved by Councilman Frank, seconded by Councilman Sanders that the $3,042.00 in the 1972 Revenue Sharing Budget for McGinnis Drive and Creekridge Drive be transferred to Mykawa Road. Motion passed 5 to 0. SUBMISSION OF PROPOSED BUDGETS BY CITY MANAGER: City Manager Wolff presented his proposed budg ets for the following. (a) Revenue Sharing Budget - July 1, 1973 and ending June 30, 1974. (b) Regular Budget for the fiscal year beginning October 1, 1973 and ending September 30, 1974. Official copy to be placed in the office of the City Secretary. PUBLIC HEARING ON BUDGETS: It was moved by Councilman Griffin, seconded by Councilman Sanders that Public Hearings be called on both budgets for 7:30 P. M., August 22, 1973, at the City Hall, and the City Secretary is directed to publish proper notice in accordance with the Home Rule Charter. Motion passed 4 to 1. Councilman Reid opposed. PROPOSED ORDINANCE NO. 246-2, AMENDING NO. 246, KNOWN AS THE LAND USE ORDINANCE. VERNON W. HALIK - APPLICATION NO. 2: Proposed Ordinance No. 246-2 read in full by Councilman Griffin. It was moved by Councilman Sanders, seconded by Councilman Frank that Ordinance No. 246-2 be passed and approved on first reading. Said Ordinance No. 246-2 reads in caption as follows: ORDINANCE NO. 246-2 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. Voting "aye" - Councilman Frank, Councilman Reid, Councilman Sanders, Councilman Griffin, and Councilman Farley. Voting "no" - none 2 4.5 PROPOSED ORDINANCE,NO. 246-3, AMENDING NO. 246, KNOWN AS THE LAND USE ORDINANCE. DONALD E. HALIK, ET UX - APPLICATION NO. 3: Proposed Ordinance No. 246-3 read in full by Councilman Sanders. Mayor McComb absent from Council Chambers 8:50 P. M. - Returned at 9:00 P. M. r— Mayor Pro Tem Griffin presiding during absence of Mayor. It was moved by Councilman Griffin, seconded by Councilman Reid that Ordinance No. 246-3 be passed and approved on first reading. Said Ordinance No. 246-3 treads in caption as follows: ORDINANCE NO. 246-3 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 TO THE LAND USE DISTRICT MAP, PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "aye" — Councilman Farley, Councilman Sanders, Councilman Griffin, Councilman Reid; and Councilman Frank: Voting "no" - None Motion passed 5 to 0. PROPOSED ORDINANCE NO. 246-3A, AMENDING ORDINANCE NO. 246, KNOWN AS THE LAND USE ORDINANCE, ROBERT I. ELLIS - APPLICATION NO. 3A: Proposed Ordinance No. 246-3A, read in full by Councilman Reid. It was moved by Councilman Reid, seconded by Councilman Farley that Ordinance No. 246-3A be passed and approved on first reading. Said Ordinance No. 246-3A reads in caption as follows ORDINANCE NO. 246-3A 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 TO THE LAND USE DISTRICT MAP, PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. r"- Voting "aye" - Councilman Frank, Councilman Reid, Councilman Sanders, Councilman Griffin, and Councilman Farley. Voting "no" - None Motion passed 5 to 0. PROPOSED ORDINANCE NO. 246-4 AMENDING ORDINANCE NO. 246, kNOWN AS THE LAND USE ORDINANCE ARCHIE L. MILES - APPLICATION NO. 4: Proposed Ordinance No. 246-4 read in full by Councilman Farley. ` 46 It was moved by moved by Councilman Farley, seconded by Councilman Griffin that Ordinance No. 246-4 be passed and approved on first reading. Said Ordinance No. 246-4 reads in caption as follows: ORDINANCE NO. 246-4 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. Voting "aye" - Councilman Farley, Councilman Sanders, Councilman Griffin, Councilman Reid, and Councilman Frank. Voting "no" - None Motion passed 5 to 0. PROPOSED ORDINANCE NO. 220-1 - AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 220 - WATER RATES: Proposed Ordinance No. 220-1 read in full by Councilman Reid. It was moved by Councilman Frank, seconded by Councilman Griffin that Ordinance No. 220-1 be passed and approved on first reading. Said Ordinance No. 220-1 reads in caption as follows: ORDINANCE NO. 220-1 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 220 HERETOFORE ADOPTED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS WITH REFERENCE TO THE RATES FOR WATER SERVICE, AND AMENDING SUCH ORDINANCE BY THE PROVISION HEREBY AND REVOKING ALL ORDINANCE IN CONFLICT HEREWITH. Voting "aye" - Councilman Frank, Councilman Reid, Councilman Griffin, Councilman Sanders, and Councilman Farley. Voting "no" - None Motion passed 5 to 0. POLICE STATION EXPANSION: It was moved by Councilman Griffin, seconded by Councilman Frank that the City of Pearland advertise for bids covering the addition to the police station and that a thirty day period (approximately) be shown as the opening date for the bids. Motion passed 5 to 0. ADJOURN; There being no further business to come before the City Council, the Mayor adjourned the meeting at 9:20 P. M. Minutes approved as submitted and/or corrected this v2 / ay of A. D.Jlk73_ j � Mayor City Secretary