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1971-10-28 CITY COUNCIL REGULAR MEETING MINUTES274 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS -,-HELD ON ArTnDED 036. n,7 .7: •7j I I 1Z A regular meeting of the City Council of the City of Pearland was called to order by Mayor Keller with the following present: Absent: INVOCATION: Mayor D. _R. Keller Councilman Cecil W. Griffin Councilman James 0. DeShazer Councilman E. A. Wasek Councilman Benny J. Frank .City Manager William E. Wolff City Attorney Bobby Williams 'City Secretary Dorothy L'. Cook Councilman. Carlton McComb The invocation was given by the Council Chaplain, Dr. Forrest Hawkins. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by City Attorney Bobby J. Williams. APPROVAL OF MINUTES: It was moved by Councilman DeShazer, seconded by Councilman Griffin that the minutes of a special meeting held on October 7, 1971 be approved as submitted. Motion passed 4 to 0. It was moved by Councilman Griffin, seconded by ,Councilman Wasek that the minutes of a regular meeting held on October 11, 1971 be approved as submitted. Motion passed 4to0. APPROVAL OF EXPENSES: It was moved by Councilman Wasek, seconded by Councilman Frank that the following checks be approved for payment: General Fund Payroll No. 5183 through No. 5185 No. 5193 through No. 5228 Water & Sewer Payroll No. 5186 through No. 5192 5229 through No. 5245 275 General Fund Expenditures Water & Sewer Expenditures Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT: League City Planned Annexation: No. 3389 through No. 3427 No. 5289 through No. 5301 1. Mayor Keller referred to a news article in the Houston Post regarding the plans of League City to annex property to the Brazoria County line. He stated that he had notified the Mayor of League City by letter suggesting that they acquaint themselves with the extra -territorial jurisdiction of Brazoria County cities. Mayor Keller also advised League City officials that Pearland would be willing to meet with them to discuss this matter. COMMITTEE REPORTS: PEARLAND-FRIENDSWOOD AGREEMENT - Councilman Wasek, Chairman - Councilman McComb Member: This item to be discussed under Item No. 1 - New Business. ;CITIZENS: 4 Mr. Earl Jackson - representing the McGinnis Civic Club: Mr. Jackson appeared before the Council regarding the condition of Dixie Farm Road and McGinnis Drive. Mr. Jackson stated that these streets were heavily traveled since they were used as a means to get into Sleepy Hollow Subdivision. Mr. Jackson spoke of the. possibility of a street paving program being placed on the ballot for the citizens to decide. Mayor Keller advised Mr. Jackson that he would be in favor of a bond issue to pave major thoroughfares, however, he would not be in favor of an issue which would pave streets within subdivisions. He stated that he felt this was the responsibility of, the people living within the area, rather than the entire citizenry. Councilman Griffin advised Mr. Jackson that he felt that the City did not have the tax base to sell 'bonds for this purpose, even if they were voted, since the City has two items which must + take precedent over all others. These two items are the `lawsuit on Sewer Plant No. 2 and modification of our sewer treatment plants to comply with the Texas Water Quality Board Order. The possibility of County participation in paving Dixie Farm Road was discussed. Mr. Jackson was advised that the County allocation was $8,000.00 which would only pave about 1,000 feet of roadway. Mr. Jackson advised the Council that a new house was being built on Dixie Farm Road and 276 at the present time there is no shell on Dixie Farm Road from Willits Drive to the creek. Mr. Jackson was advised that since the City had issued a building permit for this house, shell would be placed on Dixie Farm Road to permit egress and ingress to this new construction. Mr. Jackson advised the Council that the handrails on the bridge across Clear Creek were in a dangerous condition and the Civic Club feels that someone is likely to get hurt on this bridge unless a barricade is placed in front of the bridge. City Manager requested to contact Lloyd Yost of the Drainage District and have him take a look at this bridge. Mr. Buford D. Waldrop - representing Green Tee Terrace Section II: Mr. WAldrop app -eared before the City Council that building permits be released in Section II of Green Tee Terrace,and if not all building permits, the ones on certain lots where the individuals are ready to start building. Mr. Waldrop advised the Council that it would be probably the second council meeting in November before the subdivision was presented for final approval. A discussion was held on this request and it was decided that the plans could be submitted to the Building Inspector to check; however, the permits would not be released until final approval of the subdivision. UNFINISHED BUSINESS: APPROVAL OF SUPPLEMENTAL TAX ROLL: This item removed from Agenda due to delay by Ad Valorem Records Inc. in completing this roll. This item to be placed on next regular agenda. RESOLUTION PROVIDING FOR THE GIVING OF NOTICE OF A PUBLIC HEARING TO BE HELD CONCERNING THE PROPOSED ANNEXATION OF CERTAIN'TERRT7-0-RT NOW LYING WITHIN PEARLANTS EXT TERRITORIAL A proposed Resolution was read in full by Mayor Keller calling for a Public Hearing on proposed annexation of certain territory within Pearland's Extra territorial jurisdiction. It was moved by Councilman Griffin, seconded by Councilman DeShazer that Resolution No. 71-29 be passed and approved. Said Resolution No. 71-29 and Notice of Annexation Hearing reads as follows: RESOLUTION NO. 71-29 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, PROVIDING FOR THE GIVING OF NOTICE OF A PUBLIC HEARING TO BE HELD CONCERNING THE PROPOSED ANNEXATION OF CERTAIN TERRITORY NOW LYING WITHIN PEARLAND'S EXTRA TERRITORIAL JURISDICTION. -WHEREAS, the City Council of the City of Pearland has heretofore determined that it WdUl d be convenient and desirable for certain territory now lying within Pearland's extra -territorial jurisdiction and subject to annexation by the City tobeincluded within the City Limits of Pearland, Texas and subject to the ordinances and jurisdiction -of the City in all respects; and WHEREAS, the City Council of the City of Pearland desires to institute annexation proceedings relating to said territory; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, THAT: I. A public hearing shall be held on November 16, 1971 at 7:30 o'clock p. m. at Council Chambers, City Hall, Pearland, Texas,.which date is not more than twenty (20) nor less than ten (10) days:. -prior to the institution of annexation proceedings. The City Secretary is hereby instructed to publish notice'of such hearing (Exhibit A attached hereto) in the Sun Progress, the same being the official newspaper in and ,for the City of Pearland and a newspaper having general circulation in the City and in%the territory proposed to be annexed, at least once and not more than twenty (20) nor less than ten (10) days prior to such public hearing. II. The City Council hereby finds and declares that the Atchison, Topeka and Santa Fe Railway Company now serving the City and on the City's Tax Roll has right of way in and through and is included in the territory to be annexed, therefore, additional notice by certified mail will be given said company. Passed and Approved by the City Council of the City of Pearland, Bra zoria and Harris Counties, Texas this day of , 1971. EXHIBIT A NOTICE OF ANNEXATION HEARING TO ALL INTERESTED PERSONS: The City Council of the City of Pearland, TExas hereby gives notice that a public hearing will be held on the proposed .annexation of the following described property adjacent to the present City Limits of the City of Pearland, Texas to -wit: BEGINNING at a concrete monument set for the intersection of the West right of way line of County Road 104 with the South City Limit Boundary as established by Ordinance No. 3l, said point being in the West right of way line of McLean Road also known as County Road No. -104 and said point being 6,655' South along County Road 104 from the South right of way line of County Road No. 409; THENCE continuing along the West right of way line of County Road No. 104 due South a distance of 2,632.7' to 'a concrete manument set for the new'So,uthwest corner of the City Limits of Pearland, Texas; THENCE along a line making an angle of 90? with the preceding call and going due East a total distance of 24,493.87' to a concrete monument set for -the corner being 100' and r-�aralled to -the Brazoria County/Galveston County line; THENCE along a line 100' and parallel to the Brazoria County/Galveston County line N.100 O1' 12: E to the existing corner of the City Limits established by Ordinance No. 31 and being 100' South of the City Limit line established by Ordinance No. 30; THENCE along the present City Limit line Westerly, Northwesterly and Westerly to the Place of Beginning. Said public hearing shall be held at 7:30 p. m. on November 16, 1971, at Council Chambers, City Hall, Pearl"and, Texas. The above property i.s proposed to be annexed to and included within the City Limits of the City of Pearland. All interested persons who desire to be heard on said proposed annexation are requested to be present at such time and place. j WITNESS MY HAND officially this 28 day of Octobe r;., 1971. Gi 8 Voting "aye" on Resolution No. 71-29 - Councilman Griffin, Councilman DeShazer, Councilman Wasek, and Councilman Frank. Voting "no" on Resolution No. 71-29 - None Motion passed 4 to 0. Councilman McComb not present at the meeting. NEW BUSINESS: APPROVAL OF PEARLAND-FRIENDSWOOD RECIPROCAL AGREEMENT: It was moved by Councilman Wasek, seconded by Councilman Griffin that the Mayor be authorized to execute the contract (Pearland-Friendswood Reciprocal Agreement) on behalf of the City of Pearland. Motion passed 4 to 0. APPOINTMENT TO FILL VACANCY ON PLANNING COMMISSION: Mayor Keller submitted the name of Douglas Vaughan to replace Jack Mays on the Planning Commission. Mr. Mays resignation was submitted to the Council with explanation that due to increased work commitment he would be unable to continue as a member of the Commission. P. M. Meeting recessed: 8:45 - Reconvened 9:15 P. M. It was moved by Councilman Frank, seconded by Councilman DeShazer that Douglas Vaughan be appointed to fill the unexpired term of Jack Mays. (April 1973) Motion passed 4 to 0. APPROVAL OF ADJUSTMENT TO 1970 TAX ROLL: City Manager Wolff explained to the Council that approval by the City Council. was necessary in order for any adjustment to be made on the Tax Roll of the City, therefore, the list of adjustments which was furnished needed formal approval by the Council. It was moved by Councilman Griffin, seconded by Councilman Frank to approve the following adjustments in the 1970 Tax Roll: FROM TO NAME ASSESSED VALUE ASSESSED VALUE DIFFERENCE ,..� R. D. Marx Block 6, Lot 5 Sleepy Hollow 0 + 11,590 + $ 150.67 U -Tote -M Inc. 0 + 17,725 + 230.43 Krogers Co., Inc. $ 60,480. - 59,225 (1,255) - 16.32 Personal Property Ralph Wemhoff Block 3, Lot 1 0 + 10,050. + 130.65 B. J. Res -oft Abstract 543 W/2 of M-1 Gene Reed Abstract 147 Tr 6 f` K. H. Johns Block 4, Lot 3 Willowcrest 1 Larry Loessin. B1k 1 RR Land Frank Barringer Abstract 240 FROM TO DIFFERENCE $ 8;732.b. - $ 4,381` (4,381) - $ 56.98 42,970. 0 42,455 RECAP - 25,000 - $233.61 + 9,520. + 123.76 + 850 + 11.05 29,111 (13,344) - 173.48 279 ASSESSED VALUE ASSESSED VALUE TAX COMPUTATION Addition to RollTAX COMPUTATION Reduction to Roll $49,735- $646.56 $ 36,735 $480.36 r— NET + $12,785.00 (APPRAISED VALUE) ADJUSTMENT TAXES+ $ 166.20 Motion passed 4 to 0. FIRST READING - REVISED BUILDING CODE: Proposed Revised Building Code -'Ordinance read in full by Mayor.Keller: It was moved by Councilman Frank, seconded by Councilman DeShazer that Ordinance No. 224, an,ordinance known as the Building Code of the City of Pearland be passed and approved on first reading. Said Ordinance No. 224 reads in caption as follows: ORDINANCE NO. 224 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, TO BE KNOWN AS THE'"CITY OF PEARLAND" BUILDING -CODE"; PROVIDING FOR THE ADOPTION AND INCORPORATION BY REFERENCE OF THE SOUTH- ERN STANDARD BUILDING CODE, 1969 EDITION, WITH 1971 REVISIONS. OF AMENDMENTS THERETO; CONTAINING OTHER REGULATORY PROVISIONS RELATING TO -THE BUILDING CODE': PROVIDING FOR PUBLICATION: PROVIDING FOR SAVINGS CLAUSE; REPEAL OF ALL ORDINANCES THAT CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE ANDf CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "aye" on Ordinance No. 224 - Councilman Griffin, Councilman DeShazer, Counctlman Wasek and Councilman Frank. i y Voting "W -on Ordinance No. 224 - none Motion passed.4 to 0. Councilman McComb not present at the meeting.--..---.---- 280 CONSIDERATION OF STREET LIGHT POLICY RECOMMENDED BY PLANNING COMMISSION: Mayor Keller read recommendation of Street Lighting Policy by Planning Commission. It was moved by Councilman DeShazer, seconded by Councilman Griffin that we adopt the following Street Lighting Policy outlined below which was recommended by the Planning Commission. 1. All subdivision plats will include a provision for street lighting using ornamental poles. 2. . The number of street lights will be determined from an initial �— survey performed by the servicing power company and the final consideration will be by the Planning Commission. 3. All necessary easement for street lighting as recommended by the servicing power company and approved by the City Engineer will be shown on the final plat prior to the approval by the Planning Commission. 4. An amount equal to two years rental will be deposited with the City prior to final subdivision acceptance. 5. The City will authorize installation of street lights after final subdivision acceptance. Motion passed 4 to 0. DISCUSSION OF RECOMMENDATION BY PLANNING COMMISSION ON BANNING SALE OF FIREWORKS WITHIN CITY IM A discussion was held regarding the recommendation of the Planning Commission to ban the sale of fireworks within the City. This matter was referred to the City Manager and the Department of Public Safety as set out in the Home Rule Charter. A recommendation will be made at a later date. CITY MANAGER'S ITEM: PARTICIPATION PAVING -ROBINSON DRIVE: Mr. Melvin Black, w o.was present at the meeting, stated that 60% of the land owners and 70% of the home owners along a section of Robinson Drive had signed up for the participation paving program. City Manager Wolff advised that some questions needed to be resolved before taking any action on this matter. Mayor Keller called for a Workshop Meeting to be held on November 1, 1971 at 7 30 P. M. to discuss this matter. ADJOURN: It was moved by Councilman Frank, seconded by Councilman Griffin that the meeting adjourn. Motion passed 4 to 0. Meeting adjourned 10:10: P. M. Minutes approved as submitted and/or corrected this �_ day of / 1971 LAttes City SEcretary Mayo r