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1972-04-10 CITY COUNCIL REGULAR MEETING MINUTES46 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 10., 1972 IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARLAND, TEXAS AT 7:35 P. M. The meeting was called to order by Mayor Keller with the following present: Mayor Councilman Councilman Councilman Councilman Councilman ,ty Manager ity Attorney City Secretary INVOCATION & PLEDGE OF ALLEGIANCE: D. R. Keller .r Cecil W. Griffin (Entered 7:40 P. M.) E. A. Wasek Carlton McComb James 0. DeShazer Benny J. Frank William E. Wolff Bobby J. Williams Dorothy L. Cook The invocation was given by Dr. Forrest Hawkins, Council Chaplain. The Pledge of Allegiance was led by City Attorney Bobby Williams, APPROVAL OF MINUTES: It was moved by Councilmen DeShazer, seconded by Councilman Wasek that the minutes of the regular meeting held on March 27, 1972 be approved as. submitted. Motion passed 4to0. It was moved by Councilman McComb, seconded by Councilman Frank that the minutes of a special meeting held on April 3, 1972 be approved as submitted. Motion passed 4 to 0. APPROVAL OF EXPENSES: It was moved by Councilman DeShazer, seconded by Councilman McComb that the following checks be approved for payment: General Fund Payroll No. 5921 through 5925 5931 through 5934 5940 through 5975 Water & Sewer Payroll 5926 through 5930 5935 through 5939 5976 through 5982 General- Fund Expenditures 4041 through 4109 4087 VOID Water & Sewer Expenditures 5515 through 5540 Municipal Court Tax Account 5 Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Houston -Galveston Area Council Transportation Study Committee: Mayor Keller announced that representatives from the City which includes himself and Councilman Frank, and a representative from the Chamber of Commerce, Mr. Tom Alexander, have been ratified as members of the Houston-Galvesto-n'Area Council Transporti.on Study Committee. 47 Appointment of Health Officer: Mayor Keller advised that the State Health Department has advised us that our appointment of our Health Officer, Dr. Armbruster, is expiring and needs to be re -appointed. Dr. Armbruster has been contacted and is willing to serve. Mayor Keller submitted the name of Dr. David R. Armbruster to the City Council for ratification as the City Health Officer. It was moved by Councilman McComb, seconded by Councilman Griffin that the name of Dr. David R. Armbruster for City Health Officer be placed on the next regular agenda for ratification by the City Council. Motion passed 5 to 0. . COUNCIL_,ACTZVITY-REPORTS: Councilman Frank reported that a number of people had complained about the slowness of the lines in the last City Election held on April 1, 1972 and he wondered if something needed to be done to help speed up the process of voting. A discussion was held regarding this matter and it was brought out that some of the trouble was caused by errors in registration as to the County Precincts. A list of the errors will be sent to the Tax Assessor of Brazoria County in an effort to get the Registration Lists corrected. Councilman McComb requested information regarding the streets in Mimosa Acres as discussed in the last Council meeting. Mr. Wolff advised that he had been in contact with the officials of the Mimosa Acres Civic Club and they were meeting tonight to determine whether or not the citizens are interested in a paving participation program. Mr. Wolff stated that he did not have a report on the cost of improvement of streets in Mimosa Acres at this time. DEPARTMENTAL REPORTS: None CITIZENS: None DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: OPENING OF BIDS - 72-2- PICKUP TRUCK FOR STREET AND BRIDGE DEPARTMENT: Bids were., open -4' as follows: VENDOR MAKE & MODEL YEAR DELIVERY DATE PRICE F.O.B. PEARLAND Bob -Currie Ford r-- TnternationlHarvester Kliesing Motors Bud Brown Ford, Ltd. Alvin Equipment Co. Christianson- Keithley Ford F-100 - 1972 International 1972 Chevrolet 1972 Ford 1972 International 1972 30 days or less G. M. C. 1972 30 to 45 days $ 2426.27 2206.21 2377.84 2486.86 2366.00 2350.92 The bids were referred to City Manager Wolff for tabulation. Mr. Wolff to report back to the City Council at the next regular meeting. 48 DISCUSSION AND POSSIBLE ACTION ON ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY'S REMOVAL OF AGENCY FROM CITY OF PEARLAND: Councilman DeShazer reported that on March 9, 1972 a Public Hearing was held regarding the removal of the A. T. & S. F. Agency from the City of Pearland. Since that time the Council has taken no action, however, the A. T. & S. F. Railway Company has,by removing its Agency from the City of Pearland. Mr. DeShazer stated that he had talked to Mr. Joe Wells of the Texas Railroad Commission. He advised Mr. DeShazer that the Railway Company had not complied with the rules of the Railroad Commission, however, two representative from the Railway Company had been in his office and advised that a Public Hearing had been held. Mr. Wells stated that he would not take any type of action unless the City initiated some correspendence with him regarding the closing of the Agency. Councilman DeShazer reported that even though he opposed the manner in which the Railway Company acted in removing the Agency, he felt that if a hearing was held by the Railroad Commission it was doubtful that enough evidence could be presented to keep the Railway Company from moving the Agency. It was moved by Councilman Griffin, seconded by Councilman DeShazer that based on the results of the Public Hearing held on March 9, 1972 and lack of protest by the shippers that the City Council register no objections to the removal of the A. T. & S. F. Agency. Also, that the City continue to pursue the matter of grade crossing protection in the City of Pearland with the Railway Company. Motion passed 3 to 2. Councilman Frank and Councilman''Wasek voted "no." DISCUSSION AND POSSIBLE ACTION ON RECOMMENDATION FROM SPECIAL COMMITTEE ON BANNING FIREWORKS WITHIN CITY LIMITS: Mayor Keller read a letter from Mr. Wolff dated March 21, 1972 and a letter from Mr. Harry E. Farley. Mr. Farley's letter stated that the Committee recommended that (A) That the City Council amend Ordinance No. 33 to prohibit the retail sale of fireworks within the City Limits of Pearland. (B) That the City Council encourage public firework's displays sponsored by Council approved organizations. Mr. Lee Plyler requested recognition by the Council. It was moved by Councilman DeShazer, seconded by Councilman McComb that the Council hear Mr. Lee Plyler. Motion passed 5 to 0. Mr. Plyler advised the Council that he was under the impression that the letter he received stated that the Committee was not in favor of banning fireworks. Mr. Plyler was advised that the copy of the letter he received was a xerox copy of the letter signed by Mr. Farley and dated March 21, 1972 and read at this meeting by the Mayor. Mr. E. H. Cole requested recognition by the Council. It was moved by Councilman DeShazer, seconded by Councilman McComb that the Council hear Mr. Cole. Motion passed 5 to 0. _ Mr. Cole stated that he attended the Public Hearing and riot too much was brought out at this Hearing other than a few fires caused by fireworks. Mr. Harry E. Farley requested recognition by the Council. It was moved by Councilman Frank, seconded by Councilman DeShazer that the Council hear Mr. Farley. Motion passed 5 to 0. Mr. Farley stated that the Committee members reported that the Civic Clubs were in favor of banning the sale of retail fireworks. He reported that 75% were in favor of this action. Mr. Jim Bost requested recognition by the City Council. It was moved by Councilman McComb, seconded by Councilman Wasek that Mr. Bost be heard by the City Council. Motion passed 5 to 0. Mr. Bost requested a clarification of retail sales and wholesale fireworks sales. Mr. Cole advised that the State controlled,through permits,the operation of retail and wholesale firework's sales. It was moved by Councilman Griffin, seconded by Councilman Frank that Ordinance No. 33 be amended to ban the sale of retail fireworks within the City of Pearland. Motion passed 5 to 0. City Attorney Williams was requested to prepare this amendment for discussion and possible action at the next regularly scheduled meeting of the City Council. NEW BUSINESS: ACCEPTANCE OF ENGINEER'S ESTIMATED COST FOR RESURFACING PORTIONS OF LONGHERRIDGE DRIVE The Engineer's Estimated Cost was submitted to the Council for consideration as follows: ENGINEER'S ESTIMATED COST 1. Sand -Shell Mix Bse (27' Wide) $15,043.50 2. Asphalt (2 layers - 24' wide) 850.65. 3. Aggregate (Precoated, 2 layers) 1,949.37 Total Estimated Materials Cost.................$17,843.52 (This is $ 3.69 per running ft.) (This does not include engineering and Attorney's fees) Dated: April 7, 1972 Prepared by: WALSH ENGINEERING, INC. 2010 East Broadway Street Pearland, Texas 77581 �- *Longherridge Drive, Marys Creek Lane East, in accordance with Ordinance No. 232. It was moved by Councilman McComb, seconded by Councilman Griffin to accept the Engineer's Estimated Cost -for resurfacing portions of Longherridge Drive and Marys Creek Lane East in accordance with Ordinance No. 232. Motion passed 5 to 0. CONSIDERATION OF CONTRACT WITH WALSH ENGINEERING COMPANY: The Contract with Walsh Engineering, Inc. was presented to the Council for consideration. This contract was discussed and Councilman Griffin stated that he objected to Section VII - Ownership of Documents. It was brought out in the discussion that this a standard condition in professional engineering contracts. It was moved by Councilman McComb, seconded by Councilman DeShazer that the Contract with Walsh Engineering, Inc. for Design of tiertiary treatment for the City's three sewer plants be approved and the Mayor be authorized to execute this contract. Motion passed 4 to I. Councilman Griffin voted "no." RESOLUTION AUTHORIZING PARTIAL PAYMENT TO KATY DRILLING COMPANY FOR REPAIR OF WATER WELLS: Resolution No. 72-6 was read in full by Mayor Keller. It was moved by Councilman Wasek, seconded by Councilman Griffin that Resolution No. 72-6 be passed and approved. Said Resolution No. 72-6 reads in caption as follows: RESOLUTION NO. 72-6 A RESOLUTION APPROVING CLAIMS FOR CONSTRUCTING PERMANENT PUBLIC IMPROVEMENTS FOR THE CITY OF PEARLAND, TEXAS, TO -WIT: REPAIR AND MODIFICATION TO CITY WATER WELLS NO. 2, NO. 3, AND NO. 4; APPROVING CLAIMS FOR PROFESSIONAL AND PERSONAL SERVICES RENDERED IN CONNECTION THEREWITH; AUTHORIZING THE DELIVERY OF TIME WARRANTS FOR PAYMENT OF SUCH CLAIMS CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT; AND PROVIDING THAT THIS RESOLUTION SHALL BE EFFECTIVE UPON AND AFTER ITS ADOPTION. Voting .aye" - Councilman Griffin, Councilman DeShazer, Councilman McComb, Councilman Wasek and Councilman Frank. Voting "no" - None Motion passed 5 to 0. ADJOURN: It was moved by Councilman McComb, seconded by Councilman DeShazer that the meeting adjourn. Motion passed 5 to 0. Meeting adjourned 9:10 P. M. Minutes approved as submitted and/or corrected this the day of - A. D. 1972. May r Attes City Secretary