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1971-06-14 CITY COUNCIL REGULAR MEETING MINUTES220 MINUTES OF THE REGULAR'COUNCIL MEETING'HELD'ON'JUNE 14; 1971 AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS,AVENUE;'PE RLND;'TEXAS A regular meeting of the City Council of the City of Pearland was called to order by Mayor Keller with the following present: Mayor D. R. Keller Councilman Cecil W. Griffin Councilman E. r E.. A. Wasek Councilman Carlton McComb Councilman James 0. DeShazer Councilman Benny J. Frank City Manager William E. Wolff City Attorney Bobby J. Williams Assistant City Secretary Dorothy S. Thompson INVOCATION: The invocation was given by the Council Chaplain, Dr. Forrest Hawkins. . ! PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by City Attorney Bobby J.'Williams. APPROVAL OF MINUTES: The following correction to be noted in the minutes of May 24, 1971: Page 217 - AMENDMENT TO SUBDIVISION ORDINANCE - FIRST OF TWO READINGS: Line 6 - Voting "aye" - Councilman Griffin, Councilman DeShazer, Councilman & Line 7 Wasek, and Councilman Frank. It was moved by Councilman DeShazer, seconded by Councilman McComb that the minutes of the regular meeting held on May 24, 1971 be approved as corrected. Motion passed 5 to 0. APPROVAL OF EXPENSES: It was moved by Councilman McComb, seconded by Councilman Wasek that the following checks be approved for payment: General Fund Payroll No. 4605 through No. 4609 4615 through 4619 4624 through 4659 Water & Sewer Payroll No. 4610 through 4614 4620 through 4623 4660 through 4675 221 General Fund Expenditures Water & Sewer Expenditures Water Construction Fund Sewer Construction Fund i Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: None COMMITTEE REPORTS: The following Committee reported: No. 2943 through No. 3013 No. 5039 through No. 5078 No. 230 through No. 231 No. 176 through No. 177 Budget Review Committee - Councilman,Griffin.'and'Councilman'DeShazer: Councilman Griffin reported for the Budget Review Committee and made the following motion: It was moved by Councilman Griffin, seconded by Councilman DeShazer that an ordinance be adopted which would institute a 10% penalty for failure to pay water, sewage and/or r -- garbage bills within 10 days after the date of the bill, and establish -the water rate on all consumption over 20,000 gallons at 30t per 1,000 gallons. Ordinance incorporating rates established by the Water District and reflecting these changes be prepared for Council consideration. Committee Resorts: Motion passed 5 to 0. It was moved by Councilman McComb; seconded by Councilman Griffin that Committee reports be placed on the Agenda by the members of the respective Committee members only. This motion to be in effect until rules of procedure are presented and adopted by the Council. Motion passed 5 to 0. CITIZENS: r— Kirby Cardenas - Mr. Cardenas appeared before the Council and expressed the need for a Kennel Ordinance in the City. The Council -requested City Attorney Williams to prepare an amendment to the Dog Ordinance to cover the operation of kennels within the C-ity.. This amendment to be submitted for Council cons.ideration at the next regular meeting. Mr. Cardenas spoke to the Council regarding the reactivation of the Police Reserves. He outlined past services to the City by this volunteer organization. A discussion was held regarding the legality under the State law of the City maintaining such a force due to the certification program requirements. Following the discussion Councilman DeShazer requested 222 an ordinance covering operation of a Police Reserve unit be placed on the next agenda. UNFINISHED BUSINESS: AMENDMENT TO SUBDIVISION ORDINANCE - ORDINANCE No. 58C-1 - SECOND READING: Mayor Keller read proposed Ordinance No. 58C-1 which had passed on first reading. _ It was moved by Councilman McComb, seconded by Councilman Frank that Ordinance 58C-1 be passed, approved and adopted on second and final reading. Said Ordinance No. 58C-1 reads in caption as follows: ORDINANCE NO. 58C-1 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, BRAZORIA AND HARRIS COUNTIES, AMENDING ORDINANCE NO. 58, ENTITLED SUBDIVISION REGULATIONS OF THE CITY OF PEARLAN D,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" - Councilman Griffin, Councilman DeShazer, Councilman McComb, Councilman Wasek, and Councilman ,Frank Voting "no" - none. Motion passed 5 to 0. Subdivision Ordinance Revision Committee to remain active. ACTION ON RECOMMENDATION OF COMMITTEE BY CITY COUNCIL ON "NO PARKING" ON NORTH AND SOUTH MAIN STREET—. - This R . This item to be placed on the agenda of the next regular Council meeting. BROOKLAND ACRES TRAFFIC SURVEY: City Administrator Wolff read a letter from Chief -of -Police Norris regarding a survey on Scott Street in Brookland Acres Subdivision. This letter addressed to the Mayor and City Council and dated June 14, 1971. Chief Norris stated that in his opinion both the traffic count and density warranted posting a speed limit of 30 mph on Scott Lane. Mr. Norris' letter did not cover Comal Street. After discussion on speed zones in the City, Mayor Keller appointed the "No Parking" 22� Committee to work on the problem of speed zones in various areas of the City. The matter of Brookland Acres Subdivision streets to be handled at this meeting. City Attorney Williams explained that when the City adopted the Code it would be easier to prosecute on stop sign and speed zone violations. r— It was moved by Councilman DeShazer, seconded by Councilman McComb that an ordinance be jprepared by the next regular Council meeting for submission to the City Council which would control speed on Scott Street and Comal 'Street in Brookland Acres Subdivision. Motion passed 5 to 0. RAYBURN LANE WATER LINE: It was moved by Councilman McComb, seconded by Councilman Griffin that the amount of rights,of-way on Rayburn Lane be decreased from 60' to 50' of right-of-way and water lines be installed after easements are received. A discussion was held with two individuals, Mr. Binder and Mr. Fried, who indicated that they were not willing to grant any additional right-of-way as they felt the 37 1/2 feet was adequate. i Motion made by Councilman McComb, seconded by Councilman -Griffin withdrawn. It was moved by Councilman Wasek, seconded by Councilman,Frank that the matter of-right-of- way f•right-ofway be referred back to the Planning Commission for their consideration and recommendation to the City Council. Motion passed 3 to 12. Councilman McComb and Councilman Griffin opposed. NEW BUSINESS: COUNCIL COMMITTEE TO WORK WITH FIRE DEPARTMENT COMMITTEE - SECTION 4.09 H. R. C.: City Manager Wolff explained that the provisions"of the Home Rule Charter required that an agreement be made between the Pearland Volunteer Fire Department and the City concerning r-- certain aspects of fire protection for the citizens. Mr. Wolff suggested that this matter be handled by Council Committee or the entire Council. It was decided that the entire Council would meet with theFireDepartment's Committee. Mr. Wolff to set up date for meeting. Members of the Pearland Volunteer Fire Department's Committee are H. D. Johnston, Howard Suttle and H. W. Raney, Sr. Possible meeting night Monday June 21, 1971 - 7:30 P. M. 224 RELEASE OF RECORDED PLAT ON COLONY PARK SUBDIVISION: City Manager Wolff explained that Mr. Billy McAninch, representing Mr. Mason, has requested that Colony Park Subdivision revert back to acreage. The Planning Commission has approved this request and it will be necessary for the governing body of the City to approve this action before the'property can revert back to acreage. An instrument has been prepared and executed by the Chairman and Secretary of the Planning Commission and is now before the Council for consideration. Mayor Keller read the petition for vacation of plat in full. It was moved by Councilman Frank, seconded by Councilman DeShazer to act favorably on the Vacation of Plat of Colony Park Subdivision. Motion passed 5 to 0. DISCUSSION OF AMENDED BUILDING AND PLUMBING CODE RECOMMENDED BY PLANNING COMMISSION Meeting recessed 9:15 P. M. - Reconvened 9:25 P. M. City Manager Wolff explained that the committee assigned by the Council had completed their work and submitted their recommendations to the Planning Commission. The Planning Commission recommended that Council adopted the Southern Standard Plumbing Code and the Southern Standard Building Code as the Codes to regulate the City. The Planning Commission felt that the requirements of these Codes would apply to our area. Mr. Wolff stated that the advised the Committee of the Planning Commission's decision and asked if they would be agreeable to this decision. All of the members, with the exception of one, concurred with this decision of the Planning Commission. Mayor Keller suggested that a meeting be held with any number or all people involved in this question as well as the Planning Commission and make an attempt to dissolve this question on the codes for the City. Mr. Wolff stated he would make the desires of the Council known to the Planning Commission and such a meeting would be arranged. ORDINANCE NO. 31 - REPORT BY CITY ATTORNEY: City Attorney Bobby Williams reported that he had reviewed Ordinance No. 31 as adopted in 1960 and found that it was passed and approved in accordance with applicable laws of 1960, and found that it was valid upon its face and as such will remain valid until-it�°is held otherwise by a court of competent jurisdiction. He further stated that this Ordinance No. 31 being a valid ordinance, the City has no alternative but to be treated as any other annexation ordinance and it be. treated for tax purposes as any other land in the City of Pearland. It was moved by Councilman McComb, seconded by Councilman Griffin that the Tax Assessor Collector take necessary steps to put this property on the tax roll and to assess for back taxes. Motion passed 5 to 0. DISCUSSION BRAZORIA COUNTY DRAINAGE DISTRICT AGREEMENT: A letter from the Brazoria County Drainage District No. 4 was read dated June 11, 1971 requesting postponement of Phase III of the Walnut Street Area Storm Sewer until the next year due to the necessity of the district having to purchase a dragline,and other X equipment necessary. The letter to be made a part of the records of the City and receipt of same acknowledged to the Drainage District. CITY MANAGER'S ITEMS: STREET PAVING PROGRAM: City Manager Wolff advised the; Council that he could see no way to start a Street Paving Program until some policy could be formulated for interim financing and an ordinance of procedure adopted. It was moved by Councilman Griffin, seconded by Councilman McComb that an ordinance i pertaining to a home owners participation program for street paving and/or assessing -where necessary, be adopted according to discussion held in workshop meeting about two weeks ago. Motion passed 5 to 0. ADJOURN: It was moved by Councilman Wasek, seconded by Councilman Frank that the meeting adjourn. Meeting adjourned 9:45 P. M. Minutes approved as submitted and/or corrected this ,')j day of A. D. 1971. City Secretary