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1971-05-24 CITY COUNCIL REGULAR MEETING MINUTES2100 MINUTES OF THE REGULAR MEETING OF THE PEARLAND CITY COUNCIL HELD .ON MAY`24, j97j AT :35 P. M. IN THE CITY HALL, 2335'N. TEXAS AVENUE, P RL ND.'TEX S A regular meeting of the City Council of the City of Pearland was called to order by Mayor Keller with the following present: Mayor Councilman Councilman Councilman Councilman Councilman City Manager City Attorney City Secretary T�t�rA /'�IITTA.1 D. R. Keller Cecil W. Griffin E. A. Wasek Carlton McComb James O. DeShazer Benny J. Frank William E. Wolff Bobby J. Williams Dorothy L. Cook The invocation was given by Rev. Jerry R. Laird, Minister of the Bethany Assemby of God Church, Pearland, Texas. 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 McComb that the minutes of the regular meeting held on May 10, 1971, be approved as submitted. Motion passed 5 to 0. APPROVAL OF EXPENSES: It was moved by Councilman Griffin,seconded by Councilman Wasek that the following checks ,be approved for payment: Water & Sewer Payroll 4549 through 4551 4590 through 4603 General Fund Payroll 4552 through 4589 and 4604 General Fund Expenditures 2905 through 2942 Water & Sewer Expenditures 5013 through 5038 244 Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: 1. The Pearland Volunteer Fire Department has sent out its annual solicition letters and Mayor Keller urged everyone in the community to support this volunteer organization. 2. The Pearland Community Library was dedicated on May 22, 1971. The dedication was made by Judge Roy Simmons to the early settlers of this area. COMMITTEE REPORTS: Mayor Keller advised the Council that he had requestddthe City Secretary to place all outstanding committee appointments on the Agenda so that a status report could be made or if the committee had completed its work, it could be closed. Under Item (10) Mayor Keller's name and that of the Chief of Police should be added and the date of the appointment of the committee should show August 20, 1970. Right -of -Way - Robinson Drive - Councilman Griffin reported that this committee was still active. (3)Commemorative Plaque - Councilman DeShazer reported that originally he and former Councilman Black made up the committee, however, he would serve alone on this committee and come up with some recommendation after he had discussed the matter with Mr. Black to see what information he had obtained. The committee has experienced difficulty in finding the proper emblem to be placed on the plaque. This plaque would be for police officers lost in line of duty with the City. (9) Subdivision Ordinance - Councilman McComb reported that this committee had a report that would come up under Unfini:she& Business - Item 3. Councilman McComb suggested that rather than going down the list of committee appointments that any that had completed their work should be deleted, otherwise, would remain active. No committee was eliminated. CITIZENS: Dr. Don Flory - Dr. Don Flory appeared before the Council representing Spectrix, Inc. a firm doing some pilot plant studies on phosphate removalfrom, waste water. Dr. Flory stated that the operation under study would meet the requirements of the Water Quality Board on removal of phosphates. Dr. Fory advised the Council that his company would 215 like to either set up a presentation by members of the firm here in Pearland or have the Council visit the pilot plant in Lubbock. The process being developed requires the use of lagoons or ponds in which alga is encouraged to grow, and through this growth use the dissolved phosphates in its life cycle. The Council was in favor of the presentation being made here in Pearland. A date for the presentation to be set up by Mr. Wolff and the City Engineer to be present at this presentation. Mrs. B. M. Jamison - Mrs. Jamison requested information as to why some people in Ordinance No. 31 are not being taxed by the City. Mrs. Jamison was advised to go over this matter with the Tax Assessor & Collector of the City. Mr. Charles T. Gray - Mr. Gray was not present but had signed the Agenda to discuss harassment of employees by Pearland Police Department. Mayor Keller requested the City Secretary to contact Mr. Gray to see if he wished to be present at the next regular meeting. r— - 4r. Laurence F. Binder - Mr. Binder appeared before the City Council requesting water lines be extended down Rayburn Lane Mr. Binder stated that this was his second appearance making this request. The first time Mr. Binder appeared the matter was turned over to the Planning Commission to check on the size of the right-of-way recommended for Rayburn Lane. The Planning Commission recommended that the right-of-way be extended to 60 feet. Right-of-way easements were prepared, however, they have not been returned by the property owners. Mr. Binder stated that the citizens felt that the City had enough existing right-of-way in the 37 1/2 feet and the citizens were unwilling to grant additional right-of-way along this street. Mr. Wolff stated that the conditions for extending the water line were based on securing additional right-of-way, however, the discression of whether or not to lay the lines within the present right-of-way would be up to the Council. Mr. Wolff further stated that there :"-s no existing right-of-way through Mr. Cardinas' property as was originally thought-. It was moved by Councilman McComb, seconded by Councilman, Frank that this matter of right- of-way on Rayburn Lane be placed on the Agenda of the next regular meeting to give the Council the opportunity to make an inspection to see what is actually there. Also, that the Mayor either appoint a Commitee or all of the Council check on this.matter. Motion passed 5 to 0. 216 Mr. R. F. Tetens - Mr. Teten presented a request for street improvements on an owner participation program for the streets in Shadycrest Subdivision. Mr. Tetens stated that signed by the request was/approximately 54% of the property owners and approximately 73% of the residents. Mayor Keller read the following request. "SHADYCREST CIVIC CLUB TO: THE MAYOR AND CITY COUNCIL, CITY OF PEARLAND, TEXAS REQUEST FOR STREET IMPROVEMENT Gentlemen: We request that the City of Pearland initiate a street improvement program consisting of asphalt paving for the streets in our subdivision. The type paving outlined by Mr. Wolff in his letter to Council dated September 28, 1970 is desired. As proposed by Mr. Wolff the cost of this street improvement would be shared by the City and the property owners of this subdivision. The property owners would pay for the cost of materials and the City would furnish the personnel and equipment to do the job. The City will benefit from this program by cost reduction in street maintenance, and also, an improved street program should encourage the building of additional homes in this area. Due to these benefits to the City we feel that the City should assume maintenance of these streets when the paving is completed. The signatures below represent approximately 54% of the property owners and approximately 73% of the residents of Shadycrest Subdivision whitin the city limits of Pearland, Texas. These people are willing to pay for these improvements at an estimated cost of $2.00 per front foot per property owner. Please take immediate action on this matter. Shadycrest Civic Club /s/ R. F. Tetens, Pres. " Mayor Keller called fora workshop meeting to be held on.May 26, 1971 to formulate a participation program on paving for the City. UNFINISHED BUSINESS: OPENING OF CHLORINE BIDS - BID NO. 71-2: Bids were opened as follows: VENDOR SEC Corporation Jones Chemicals, Inc. Dixie Chemical Co. 1 TON CONTAINERS $120.00 Unit 116.00 Unit 130.00 Unit 150# CYLINDERS 16.50 Unit 15.66 Unit 16.50 Unit Mayor Keller declared a recess in the meeting at 8:24 P. M. to enable the bids to be tabulated. Meeting reconvened at 8:35 P. M. 217 It was moved by Councilman Griffin, seconded by Councilman DeShazer that the Chlorine Bid No. 71-2 be awarded to the Jones Chemical Company for $120.00 per unit for one ton containers and $16.50 per unit for 150 lb. cylinders as the lowest and best bid. Motion passed 5 to 0. r` AMENDMENT TO BUILDING CODE - ORDINANCE NO. 116F-1 - SECOND AND (FINAL) READING. Proposed Ordinance No. 116F-1 read in full.by Mayor Keller. It was moved by Councilman McComb, seconded by Councilman Frank that Ordinance No. 116F-1 be passed, approved and adopted on second and final reading. Said Ordinance No. 116F-1 reads. in caption as follows: ORDINANCE NO. 116E-1 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION TWO �2) OF ORDINANCE N0. 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" - Councilman Griffin, Councilman DeShazer, Councilman McComb, Councilman Wasek, and Councilman Frank. i Voting"no" None Motion passed 5 to 0. AMENDMENT TO SUBDIVISION ORDINANCE - FIRST OF TWO READINGS: v The Committee presented a revision of an amendment to Subdivision Ordinance for consideration by the City Council. `a Mayor Keller read proposed amendment known as 58C-1 in full. It was moved by Councilman Frank, seconded by Councilman Wasek that Ordinance No. 58C-1 be passed and approved on first reading. Voting "aye" - Councilman Griffin, Councilman � DeShazer, Councilman McComb, Councilman r— Wasek, and CouncilmanQ4H ►"— . k I Voting"no" - None Motion passed 5 to 0. REPORT BY CHIEF -OF -POLICE ON PARKING - SOUTH MAIN STREET NEAR PEAR: Mayor Keller read a letter from Chief -of -Police Norris regarding parking on Main Street near Pear. Chief Norris recommended that "no parking" signs be placed on the East side of Main Street from Broadway extending South to East Walnut Street and on the West side 218 of Main from Broadway to West Pear Street. This letter was addressed to Mr. William Wolff, City Manager and dated May 19, 1971. A discussion was held and it was decided that a Committee should be appointed to work with Chief Norris and draw up some parking standards on North Main and South Main areas questioned by the Chief -of -Police. Mayor Keller appointed Councilman DeShazer as Chairman and Councilman Wasek as Member to work with Chief Norris on this project. NEW BUSINESS: PETITION FROM RESIDENTS OF BROOKLAND ACRES REGARDING SPEED ZONE: A petition which had been presented to the City Secretary was acknowledged by the City Council. The petition signed by some 33 persons living on Comal Street and Scott Lane reads as follows: PETITION To: The City Council of Pearland, Texas Street Planning Commission The undersigned persons (homeowners and buyers) of Brookland Acres, in the interest of protecting our children feel that speed law signs of 20 M.P.H. need to be placed on Scott Lane and Comal Street from Mykawa Road to the first cross road which is Brookside Village limits. In the last few months there have been excessive speeds to 70 and 80 M. P. H. on these streets. We beg you to place these signs and enforce the speed limit before some child is either killed or badly hurt. We thank you for this service which you can render to us. The Council discussed this matter and requested that Chief Norris make a traffic sGrvey in Brookland Acres Subdivision and if he found that the streets do not meet the standards of an "urban district" then this should be reported to Mr. Wolff so that an ordinance can be prepared to be presented at the next regular Council meeting. APPOINTMENT OF PARK BOARD MEMBER TO REPLACE JACK D. MAYS: This item to be placed on the next agenda. 219 CITY MANAGER'S ITEMS: LETTER FROM W. E. ROUTH, CITY MANAGER OF ALVIN REGARDING FEES OF ALVIN LANDFILL: Council acknowledged receipt of a letter dated May 10, 1971 from'Mr. W. E. Routh, City Manager of Alvin regarding increase in the -sanitary landfill fees effective October 16, `1971 from $0.50 to $0.75 truck rated cubic yard. --'his item to be considered in the next budget year. PROSECIT19I-OF CASES ON APPEAL IN -THE CQUNTY COURT FROM MUNICIPAL COURT: City Attorney Bobby Williams advised the Council that due to a shortage of Assistant District Attorneys that the cases on appeal in the County Court from the Municipal Court would need to be prosecuted by the City Attorney. This is a temporary situation until additional help can be hired. The City of Pearland now has 4 or 5 cases pending. It was moved by Councilman DeShazer, seconded by Councilman Griffin that the City Attorney be authorized to handle necessary prosecution of cases appealed from the Municipal Court to the County Court. ,— ADJOURN: Motion passed -5 to 0. A motion was made by Councilman. DeShazer, seconded by Councilman McComb that the meeting adjourn Motion passed 5 to 0. Adjourn 10:00 P. M. Minutes approved as submitted and/or corrected this 14 day of " A. D. 1971. Ljtt'i,14 J_J City Secretary