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