Loading...
1971-04-26 CITY COUNCIL REGULAR MEETING MINUTES200 MINUTES OF THE REGULAR MEETING OF THE-PEARLAND CITY COUNCIL HELD ON APRIL 26, 1971, AT :40 .' :' T 'H '23 U , A regular meeting of the City Council of the City of Pearland was called to order by Mayor Pro Tem Carlton McComb with the following.present: Mayor Pro Tem Carlton McComb Councilman Cecil W. Griffin Councilman E. A. Wasek Councilman James 0. DeShazer Councilman Benny J. Frank City Manager William E. Wolff City Attorney Bobby J. Williams. City Secretary Dorothy L. Cook Absent: Mayor D. R. Keller (Excused absence) INVOCATION: - PLEDGE OF ALLEGIANCE: The invocation was given by Rev. Jerry R. Laird, Minister of the Bethany Assemby of God Church. The Pledge of Allegience was led by former Councilman Black. APPROVAL OF MINUTES: It was moved by Councilman DeShazer, seconded by Councilman Frank that the minutes of the regular meeting held on April 12, 1971 be approved as submitted. Motion passed 4 to 0. It was moved by'Councilman Wasek, seconded by Councilman Griffin that the minutes of a special meeting held on'April 15, 1971 be approved as submitted. Motion passed 4to0. APPROVAL OF EXPENSES: It was moved by Councilman Griffin, seconded by Councilman Wasek that the following checks be approved for payment: Water & Sewer Payroll 4437 through 4439 4478 through 4492 General Fund Payroll 4440 through 4477 General Fund Expenditures 2801 through 2840 Water & Sewer Expenditures 4962 through 4985 201 Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT: Mayor Pro Tem McComb reported that the City has been notified by its Attorneys, Sears & Burns that the Appeals Court has upheld the decision of the lower Court in the John Alexander, Executor of the Estate of C. H. Alexander, Deceased, et al vs City of Pearland. A motion for rehearing has been filed and the results of this action - will be made public as soon as the City is notified. COMMITTEE REPORTS: Texas Water Quality Board Order No. 69-9A: Griffin & DeShazer Councilman Griffin reported that he and Councilman DeShazer had gone over the budget and had projected revenues and expenditures for the balance of the budget year. The Committee did not find any items which they considered unnecessary, however, they did find that a front-end loader has been budgeted.for this fiscal year. This expenditure would involve $5,000.00. The Committee felt that this item could be deferred until: the next budget year and this $5,000.00 could be reallocated. This would leave a balance of $10,000.00 needed for preliminary engineering and the only other method suggested by the Committee would be an adjustment in the water and/or sewerage rates. The Committee did not have adequate time to study our rates in comparison with others in the area. It was moved by Councilman Griffin, seconded by Councilman DeShazer that at this point and time that the budget be amended to reflect the deferral of the $5,000.00 expenditure on capital equipment and reallocate this item to engineering work on Water Quality Board Order No. 69-9A, and that as soon as it is feasible we immediately draw up the necessary ordinance on water and/or sewer rates to make up the,difference. Also, that the Mayor is authorized to execute the necessary — papers on the engineering contract for professional services with Walsh Engineering and Bovay Engineering. Motion passed 4 to 0. Committee requested permission to continue to work on analysis of water and/or sewer rates so that by the next meeting an ordinance may be submitted for Council consideration. Subdivision Ordinance Amendment: 202 1 Councilman Frank reported for the Committee studying the proposed amendment to the Subdivision Ordinance. He stated that the Committee was in agreement on all items with thel exception of Section II on the lot size. Councilman Frank read the proposed Ordinance No. 58C in full. It was mov ed by Councilman Frank, seconded by Councilman DeShzer that Ordinance No. 58C be passed and approved on first reading. Said Ordinance No. 58C reads in caption as follows: ORDINANCE NO. 58C AN ORDINANCE OF THE CITY OF PEARLAND, BRAZORIA AND HARRIS COUNTIES, TEXAS, AMENDING ORDINANCE NO. 58, ENTITLED SUBDIVISION REGULATIONS OF THE CITY OF PEARLAND, TEXAS, BY ADDING AND DELETING SPECIFIC PROVISIONS CONTAINED THEREIN, AND REPEALING ALL ORDINANCE AND PROVISIONS OF ORDINANCES THAT CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Voting "aye" - Councilmen Griffin, DeShazer and Frank. Voting "no" - Councilman Wasek Motion passed 3 to 1. CITIZENS: A document was presented to Mr. Wolff by Mrs. Jamison at this meeting. Mrs. Jamison signed the Agenda to ask the Council if they Olanned to change the request of the audience to be heard as you said you were before the election after the election. Mayor Pro Tem McComb advised Mrs. Jamison that the Council planned to draft an ordinance on rules of procedure. This will be done by a committee, along with the City Attorney, and this item (appointment of a committee) will be on the Agenda of May 10, 1971. Mr. Juan G. Vasquez appeared before the City Council and requested either a traffic signal or "no parking" signs be placed on South Main Street and Pear. Mayor Pro Tem McComb advised Mr. Vasquez that the City would do two things: 1. Ask the City Manager to write the State Highway Department again requesting a check at this corner for a light, and 2. Ask the City Manager to have the Chief -of -Police determine if "no parking" signs can be put up to eliminate this problem. UNFINISHED BUSINESS: FINAL ACCEPTANCE OF IMPROVEMENTS IN SECTION I, GREEN TEE TERRACE AND RELEASE OF BUILDING PIRRTT—S-. The City Council recessed at 8:10 P. M. to examine the documents in the Green Tee Terrace 203 file. Meeting reconvened 8:20 P. M. Councilman Frank requested City Attorney Williams to give his opinion on whether or not the City has clear access to the sewer'lfnes located in an easement between Yost Road and Green Tee. Mr. Williams statedthat his investigation and title review of the 20 foot easement granted by Green Tee was that they did have fee simple title to 20 feet and his opinion was that Green Tee has a right to grant an easement on a fee simple title piece of property., It was moved by Councilman Griffin, seconded by Councilman Wasek that Green Tee Section I be finally accepted and building permits be released. Voting "aye" - Councilmen Griffin and Wasek. Voting "no" - Councilmen Frank and DeShazer Mayor Pro Tem McComb voting "aye" to break tie vote. Motion carried 3 to 2." NEW BUSINESS: Mayor Pro Tem McComb asked the Council if they had any objections to changing the order of business on the Agenda. Hearing none,.Item 4 under ;new business was moved to item 1. PLANNING COMMISSION - COMPLIANCE WITH ARTICLE 7 OF HOME RULE CHARTER: Proposed Ordinance No. 216 read in full by Mayor Pro Tem McComb. It was moved by Councilman DeShazer, seconded by Councilman Griffin that Ordinance No. 216 be passed and approved on first reading. Said ordinance 216 reads in caption as follows: ORDINANCE NO. 216 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, REPEALING ALL AND SINGULAR, THE PROVISIONS OF ORDINANCE NO. 107 AS AMENDED, ENACTED THE 28TH DAY OF JANUARY, 1965; AND PROVIDING AN EFFECTIVE DATE. Voting "aye" - Councilmen Griffin, DeShazer, Wasek and,Frank. Voting "no - none Motion passed 4 to 0. The following names were submitted for ratification.as..memb.ers,.of the Planning & Zoning Commission: 204 Dennis Frauenberger - Tom Reid - Larry Loessin - Jack Mays Nathan C. Morrow - Robert Collins - Melvin L. Black It was moved by Councilman DeShazer, seconded by Councilman Griffin that the following be appointed as members of the Planning & Zoning Commission for the terms specified: APPOINTMENTS FOR ONE YEAR Nathan Morrow and Robert Collins APPOINTMENTS FOR TWO YEARS Melvin L. Black and Jack Mays APPOINTMENTS FOR THREE YEARS Dennis Frauenberger, Tom Reid and Larry Loessin Motion passed 4 to 0. FIRST READING - PROPOSED RESERVE POLICE ORDINANCE: Councilman DeShazer read proposed Ordinance No. 217 in full. It was moved by Councilman DeShazer, seconded by Councilman Wasek that Ordinance No. 217 be passed and approved on first reading. in caption as follows: ORDINANCE NO. 217 Said Ordinance No. 217 reads AN ORDINANCE CREATING A SPECIAL POLICE RESERVE FORCE IN AND FOR THE CITY OF PEARLAND, TEXAS, PROVIDING FOR APPOINTMENTS, TERM, QUALIFICATIONS, OATH, IDENTIFICATfON POWERS, DUTIES, PROBATIONARY PERIOD, TRAINING, BY-LAWS, COMPENSATION AND UNIFORMS; PROVIDING FOR GROUP INSURANCE AND WAIVER OF LIABILITY; PROVIDING A SAVINGS CLAUSE AND EFFECTIVE DATE HEREOF. Voting "aye" - Councilman DeShazer Voting "no" - Councilmen Griffin, Wasek and Frank. Motion failed 3 to 1. FIRST READING - AMENDMENT TO BUILDING CODE (INDUSTRIAL ANTI POLLUTION): Proposed Ordinance No. 116F was read in full by Mayor Pro Tem McComb. It was moved by Councilman Griffin, seconded by Councilman Frank that Ordinance No. 116F be passed and approved on first reading. Said ordinance 116F reads in caption as follows: 205 ORDINANCE NO., 116F AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION TWO (2) OF ORDINANCE NO. 116 ENTITLED "BUILDING CODE OF THE CITY OF PEARLAND, TEXAS:" PROVIDING A REPEALING CLAUSE AND SAVIN GCLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. Voting "aye" - Councilman Griffin, DeShazer, Wasek and Frank Voting "no" - none Motion passed 4 to 0. APPROVAL OF PRELIMINARY PLAT - COLONY PARK SUBDIVISION: This item to be placed on the next regular agenda. ADJOURN: It was moved by Councilman Frank, seconded by Councilman Griffin that the meeting adjourn. Motion passed 4 to 0. Meeting adjourned 9:00 P. M. Minutes approved as submitted and/or corrected this pp /D day of , A. D. 1971. T