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1971-05-10 CITY COUNCIL REGULAR MEETING MINUTES206 MINUTES OF THE REGULAR MEETING OF THE PEARLAND CITY COUNCIL HELD ON MAY 10, 1971, AT 7:35 P:'M: IN'THE'CITY HALL,'2335'N: TEXAS AVENUE,'PEARLAND" TEXAS. A regular meeting of the City Council of the City of Pearland was called to order by Mayor Xeller with the following present: Mayor Councilman Councilman Councilman Councilman Councilman City Manager City Attorney City Secretary TKIIIAf�ATTAft1_ D. R. Keller Cecil W. Griffin E. A. Wasek James 0. DeShazer Carlton McComb Benny J. Frank William E. Wolff Bobby J. Williams Dorothy L. Cook The invocation was given by Dr. Forrest Hawkins, Council Chaplain. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by City Attorney Bobby Williams. APPROVAL OF MINUTES: It was moved by Councilman Wasek, seconded by Councilman McComb that the minutes of the regular meeting held on April 26, 1971 be approved as submitted. Motion passed 5to0. ALTERATION IN ORDER OF BUSINESS: Mayor Keller asked the Council if they had any objections to moving the first item under Unfinished Business to this point in the meeting so that the members of the Planning Commission present could be sworn in. Hearing no objections, Item 1 under Unfinished Business was moved to this point in the meeting. UNFINISHED BUSINESS: 11 SECOND AND FINAL READING - ORDINANCE 216: Mayor Keller read proposed Ordinance No. 216 in full. It was moved by Councilman DeShazer, seconded by Councilman Frank that Ordinance No. 216 be passed, approved and adopted on second and final reading. Said Ordinance No. 207 216 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, McComb, Wasek and Frank. Voting "no" None Motion passed 5 to 0. OATH OF OFFICE: The Oath of Office was administered to the following members of the Planning Commission present at the meeting: Robert E. Collins, Dennis Frauenberger, J. D. Mays, Tom Reid, Melvin L. Black, Nathan C. Morrow. r- RETURN TO REGULAR AGENDA: APPROVAL OF EXPENSES: It was moved by Councilman Wasek, seconded by Councilman Frank that the following checks be approved for payment. General Fund Payroll 4493 through 4495 4499 through 4532 Water & Sewer Payroll 4496 through 4498 4533 through 4548 (4545 void) General Fund Expenditures 2841 through 2904 (2890 and 2902 void) Water & Sewer Expenditures 4986 through 50]2 Interest & Sinking'Fund 72 through 73 Water Construction Fun d 229 Sewer Construction Fund 175 Motion passed 5 to 0. 208 MAYOR'S ACTIVITY REPORT: Mayor Keller reported the following items: 1. A letter from Governor.,Preston _Smith,,- dated May 5, 1971 expressing concern over law enforcement particularly in the area of traffic. - The administrative officers of the City will soon be invited to Austin to attend a program regarding this problem. 2. A letter from Lt. Governor Ben Barnes dated May 5, 1971 extending an invitation to the Mayor to be a delegate in the Texas Flight for Understanding. Mayor Keller stated that he would not be able to make this trip. 3. A letter from Martin Dies, Jr., Secretary of State dated May 5, 1971 certifying the filing of the Charter for the City of Pearland in his office. 4. A trip to the Lake Tahoe Utility District made by the Mayor as a side trip from a regular business trip to California for the Gulf Oil Company. A full report will be in the hands of the Council in the next few days. The operation of this District is a full five stage treatment facility which exceeds anything we have need for, however, some good ideas were obtained from this operation. 5. Council members were furnished with a copy of a letter from Mr. Wolff to Mr. Gerald Mobray. While the Mayor was in California he contacted the firm Gulf Degremont, which firm has extreme technology in water purification. Mr. Mobray called the Mayor on Monday and was interested in our problem and asked for information which Mr. Wolff has forwarded to him. It is possible that they will be interested in helping us solve our problem and at the same time getting the point across to some of the other cities , sewer districts, etc. that fall under Board Order 69-9A. There is a possibility that this firm would be interested in installing a pilot installation at one of our plants. 6. The City paid for the round trip from California to Reno, a rental automobile and one night's lodging in Lake Tahoe only as he was already in the area on Company business. COMMITTEE REPORTS: 209 PARK COMMITTEE: Councilman Griffin reported that the Park at Plant Site 2 was nearing completion and the Committee was going to secure some playgound equipment to be installed at this Park. Several Girl Scout and Boy Scout groups are planning to use the facility as soon as it is available. The Little League is now using the ball field located at the Park. CITIZENS: Mr. Lee Plyler r, Plyler asked when sewer would be available in his area. Mayor Keller advised that he was not aware of any plans for sewer facilities along Dixie Farm Road at this T;, C1( (.i "'IN. ,,_ time. Mayor Keller suggested that Mr. Plyler contact Mr. Wolff, the City Manager, and discuss the situation with him. Mrs. B. M. Jamison Mrs. Jamison requested information as to the fees paid the Attorneys representing the City on the Home Rule Charter election contest and the Alexander Condemnation Suit. Also, the funds which the money was paid from and what the plans of the City are regarding ,— the Alexander suit. Mayor Keller advised Mrs. Jamison that the fees paid the Attorneys and funds from which , the money was paid is a matter of public record and information on this is available during the regular office hours of the City. Regarding the Alexander suit, this matter was discussed at the last Council meeting wherein Mr. McComb advised that the City's Attorneys had filed a motion for rehearing and as soon as the results were received it would be made public. Mr. Buford D. �Waldrop Mr, Waldrop requested permission to speak on the proposed amendment to the Subdivision Ordinance which was passed on first reading at the last Council meeting. Mr. Waldrop requested a clarification of Section I regarding the certificate by a registered engineer or registered public surveyor in charge, duly authenticated, that the plat is true and correct and in accordance with the determination of surveys actually made on the ground. Councilman Frank stated that it was the intent of the Planning Commission who made this recommendation that a certificate from the Registered Professional Engineer or Surveyor who was in charge of a particular section sign the plat that it ins. a true and correct In other words, it does not take as much time to find the points if they have already been pointed out as true and correct. The Planning Commission felt that current surveys should be made on plat filed with the City_for the purpose of subdividing land. Mr. Waldrop stated that the Comprehensive Master Plan regarding lot sizes in various 210 locations should be the factor governing lot sizes rather than changing the Subdivision Ordinance to 60 foot lots at this time. while. UNFINISHED BUSINESS: This Plan should be ready within a short SECOND AND FINAL READING ORDINANCE NO. 58C: Proposed Ordinance 58C was read in full by Mayor Keller for second and final reading. It was moved by Councilman McComb, seconded by Councilman Wasek that Ordinance No. 58C be rejected on second and final reading. Said Ordinance No. 58C to be rejected 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, 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, McComb, Wasek and Frank. Voting "no" — None Motion passed 5 to 0. Councilman McComb and Councilman Frank to continue to serve on Committee for revision of SECOND AND FINAL READING - 116F - AMENDMENT TO THE BUILDING CODE: this ordinance. Meeting recessed 8:35 P. M. - Reconvened 8:50 P. M. It was moved by Councilman McComb, seconded by Councilman DeShazer that Ordinance No. 116F as it now stands be rejected on second and final reading. Said Ordinance No. 116F to be rejected, reads in caption as follows: 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 A SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. Voting "aye" - Councilmen Griffin, DeShazer, McComb, Wasek and Frank. Voting "no" - none Motion passed 5 to 0. Mayor Keller read proposed Ordinance No. 116F-1 a revision of the above ordinance. This ordinance was revised to permit a clearer distinction between residential buildings and commercial/industrial buildings. 211 It was moved by Councilman McComb, seconded by Councilman Griffin that Ordinance No. 116F-1 be passed and approved on first of two readings. reads in caption as follows: ORDINANCE NO. 116F-1 Said Ordinance No. 116F-1 '^ 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 A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. Voting "aye: - Councilmen Griffin, DeShazer, McComb, Wasek and Frank. Voting "no" None Motion passed 5 to 0. NEW BUSINESS: PRELIMINARY PLAT - COLONY PARK SUBDIVISION: re - Mr. Jack Edwards representing Colony Park Subdivision submitted the preliminary plat r-- of Colony Park to the City Council for consideration. A discussion was held regarding the lot sizes shown on the preliminary plat. Also, the ingress and egress to an area of this proposed subdivision through a County Road not located within the City Limits. The Land Use Plan which is now under study by the Citzens. Advisory Committee was discussed. This plan, when adopted, will set out various lot sizes and use of land for the areas of the City. Mr. Edwards stated that he felt there was a need IN Pearland for a residential development with 60 ft lots since the price of the homes would not be prohibitive to some wage earners and yet the homes would be an asset to the City. MEETING RECESSED 9:30 P. M. - RECONVENED 9:45 P. M. It was moved by Councilman DeShazer, seconded by Councilman Frank that Colony Park Preliminary Plat be rejected due to lot sizes not being in the Subdivision Ordinance, also, the cul de sac not fronting on a City street. Suggest that this preliminary plat be resubmitted to the Planning Commission for further review. Motion passed 5 to 0. APPOINTMENT OF A COMMITTEE TO ESTABLISH RULES OF PROCEDURE: Mayor Keller appointed the following to a Committee to establish -.rules of procedure to be submitted to the City Council for approval. Councilman Cecil W. Griffin - Chairman Councilman Benny J. Frank - Member VALID EXCUSE FORM FOR CONSIDERATION BY THE CITY COUNCIL: Mayor Keller submitted a completed form stating his reason for absence from the last regular Council meeting. It was moved by Councilman Wasek, seconded by Councilman McComb that the Council accept Mayor Keller's reason for absence as submitted. Motion passed 5 to 0. FIRST READING - PROPOSED WATER RATE ADJUSTMENT ORDINANCE: It was moved by Councilman Griffin, seconded by Councilman Wasek that the proposed Water Rate Adjustment Ordinance be postponed until the next Council meeting. Motion passed 5 to 0. CITY MANAGER'S ITEMS: City Manager Wolff advised the Council that he had secured bids for the sale of the wrecked police car as follows: Kliesing Motor Company $452.50 J. 0. Walker's Body Shop 427.50 Pearson Chevrolet Company 417.25 It was moved by Councilman Griffin, seconded by Councilman DeShazer that the wrecked police car be sold to the Kliesing Motor Company for $452.50. Motion passed 4 to 1. Councilman Wasek opposed. ADJOURN: It was moved by Councilman McComb, seconded by Councilman DeShazer that the meeting adjourn. Meeting adjourned 10:00 P. M. Motion passed 5 to 0. Minutes approved as read and/or submitted this z day of , A. D. 1971. Mayor City Secretary