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1971-06-28 CITY COUNCIL REGULAR MEETING MINUTES226 MINUTES OF THE REGULAR COUNCIL MEETING HELD ON JUNE 28, 1971 AT 7:30 P: M: IN THE -CITY RAE; 2335 N:' EX S' VENUE,'PE ND,� EX S. A regular meeting of the City Council of the City of Pearland was called to order by Mayor Keller with the following present: Absent: INVOCATION: Mayor D. R. Keller Councilman Cecil W. Griffin Councilman E. A. Wasek Councilman Carlton McComb Councilman James O. DeShazer Councilman Benny J. Frank City Manager William E. Wolff City Secretary Dorothy L. Cook City Attorney Bobby J. Williams The invocation was given by the Council Chaplain, Dr. Forrest Hawkins. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilman McComb. APPROVAL OF MINUTES: It was moved by Councilman McComb, seconded by Councilman Wasek that the minutes of the regular meeting held on June 14, 1971 be approved as submitted. Motion passed 5 to 0. APPROVAL OF EXPENSES: It was moved by Councilman Griffin, seconded by Councilman Frank that the following checks be approved for payment: General Fund Payroll Water & Sewer Payroll General Fund Expenditures Nos. 4676 through 4679 4684 through 4720 4680 through 4683 4721 through 4736 3014 through 3055 (Check No. 3054 void) 227 Water & Sewer Expenditures Sewer'Construction Fund Motion passed 5 to 0. i j MAYOR'S ACTIVITY REPORT: Pearland Volunteer Fire Department: 5079 through 5099 (Check No. 5090 void) 178 Mayor Keller reported on a workshop meeting held with the Committee from the Pearland Volunteer Fire Department regarding compliance with the Home Rule Charter provisions. There are still several questions, that need to be answered by the City Council and Fire Department before an agreement is consummated,however, these questions are not of great magnitude and this agreement should be in final form before too long. CONOITTEE REPORTS: The "No Packing" Committee to report under Item 4 of Unfinished Business. i CITIZENS: Mrs. C. L. Bowling - Mrs. Bowling asked when the people in Ordinance 31 could expect to receive their tax notices. Tax Assessor Collector William Wolff stated that he expected a report back from Mr. Marquess, the appraiser around the first of July. Mr. Wolff also stated that he hoped to have the notices sent and the Equalization Board Hearing around the fifteenth of July. The notices of hearing will be sent out at least ten days prior to the Board Hearings. Mr. George K. Coleman - Mrs. Jamison requested Mr. Coleman's name be removed from the Agenda. 'Mrs. Frances Jamison - Mrs. Jamison stated that she'had nothing to 0 -s -cuss with the Council at this time. Mrs. Theta Cessac - Mrs. Cessac'reported to the Council on the Pearland Drug Abuse - Committee. This Committee was formed several months ago to study the problem of drug abuse in the City of Pearland. 228 The Committee has obtained a temporary building for the operation of the Drug Abuse Committee, and would like for the City to consider the payment of the utilities. The Council advised Mrs. Cessac that the City Attorney would be requested to rule on the legality of the City participating by paying the utilities, and if legal, the method, whether ordinance or amendment to the budget would need to be passed. This item to be placed on the next regular Agenda. Mack Gilbert - Mr. Gilbert not present at this time. UNFINISHED BUSINESS: FIRST READING - ORDINANCE CREATING SPECIAL POLICE RESERVE FORCE: Mayor Keller read proposed Ordinance No. 217-1 in full. It was moved by Councilman DeShazer, seconded by Councilman McComb that Ordinance No. 217-1 be passed and approved on first reading. Said Ordinance No. 217-1 caption reads as follows: ORDINANCE NO. 217-1 AN ORDINANCE CREATING A SPECIAL POLICE RESERVE FORCE IN AND FOR THE CITY OF PEARLAND, TEXAS PROVIDING FOR APPOINTMENTS, TERM, QUALIFICATIONS, OATH, IDENTIFICATION, 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 Griffin, Councilman DeShazer, Councilman McComb, Councilman Wasek, and Councilman Frank. Voting "no" - None Motion passed 5 to 0. FIRST READING - SPEED ZONE ORDINANCE - SCOTT STREET AND COMAL STREET IN BROOKLAND ACRES S Mayor Keller read a letter from Chief Norris dated June 25, 1971 which outlined a survey made on Comal Street from June 22, 1971 through June 25, 1971. A letter was introduced in the meeting of June 14, 1971, regarding a survey made by Chief Norris on Scott Street. Both letters contained Chief Norris' recommendation that the traffic count density warranted posting a speed limit of 30 mph. A proposed ordinance regulating speed on these two streets was read in full by Mayor r— r - 129 Keller. It was moved by Councilman Wasek, seconded by Councilman Frank that Ordinance No. 218 be passed and approved on first reading. as follows: Said Ordinance No. 218 reads in caption ORDINANCE NO. 218 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF ARTICLE 6701D, VERNON'S TEXAS CIVIL STATUTES, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED $200.00 FOR THE VIOLATION OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. Voting "aye Councilman Griffin, Councilman DeShazer, Councilman McComb, Councilman Wasek and Councilman Frank. Voting "no" - Nonei.. ; _i Motion passed 5 to 0. CITIZENS - CONTINUED - Mr. Mack Gilbert Mr. Gilbert appeared before the Council with a request for refund of money in escrow for extension of water lines in 1966. Council advised Mr. Gilbert that the office would check and if he was entitled to a refund under the agreement made by Council in 1966 then a check would be issued to him. UNFINISHED BUSINESS - CONTINUED: FIRST READING - WATER RATE ORDINANCE: No action on this item. To be considered at a later meeting. ACTION ON RECOMMENDATION OF COMMITTEE - NO PARKING - NORTH MAIN STREET AND SOUTH MAIN STREET: Councilman DeShazer reported for the Committee and stated that after reviewing the recommendations made by Chief Norris that "no parking" signs be placed on South Main Street, on both the East and West sides, from Broadway to Pear Street. It was moved by Councilman DeShazer, seconded by Councilman Wasek that the State Highway Department be requested to place "no parking" signs on South Main Street on the East side of SouthMain from Broadway to Pear and on the West side of South Main Street from Broadway to Pear Street. Motion passed 5 to 0. 230 Minute reference - Ordinance No. 200 - No parking on North and South Main Street where signs are posted. NEW BUSINESS: I. FINAL, °PLAT`" CORRIGAN IV AND V: No action on this item. To be placed on next Agenda. FIRST READING - GROSS RECEIPTS ORDINANCE - COMMUNITY PUBLIC SERVICE COMPANY: City Manager Wolff advised the Council that although Community Public Service Company had operated within the City Limits of Pearland for a long time, this Company had not paid any gross receipt's tax to the City. Mayor Keller read proposed Ordinance No. 219 in full. This was an ordinance prepared by Community Public Service Company for submission to the City Council. City Manager Wolff read a letter dated June 28, 1971 from Marvin Ford, Manager of the Community Public Service Company, regarding the part of the ordinance dealing with sale of electricity to industrial users. This letter stated that exclusions for large industrial users are common among utility companys. Meeting recessed at 8:50 P. M. to permit the Council to check the Ordinance granting a franchise to the Houston Lighting & Power Company. Meeting reconvened at 9:10 P. M. It was the decision of the Council to place any further discussion on this proposed ordinance until the last item on the Agenda was considered. CITY ATTORNEY'S ITEMS: DISCUSSION OF PROPOSED AMENDMENT TO DOG ORDINANCE TO COVER KENNELS WITHIN THE CITY: City Manager Wolff reported that the City Attorney was having difficulty in preparing the amendment to the Dog Ordinance due to the defining of kennels. This item to be placed on general workshop agenda at which the City Attorney would be present to discuss this proposed amendment. CODIFICATION OF ORDINANCES: City Attorney Williams was absent and no report was made on this item. 2031 CITY MANAGER'S ITEMS: REPORT ON STREET PAVING PROGRAM: City Manager Wolff reported that a copy of a proposed Resolution had been sent to the Council. This Resolution would initiate a Street Paving Program for the.City of Pearland. Mr. Wolff stated thatt:this Resolution contained what he and City Attorney i Bobby Williams,felt necessary in the way of procedure. The City Council from this basic Resolution should make any changes which they feel might be necessary. The Council requested that this proposed Street Paving Program Resolution be placed on a workshop agenda. GROSS RECEIPT'S ORDINANCE - COMMUNITY PUBLIC SERVICE COMPANY CONTINUED: A discussion was held regarding the proposed ordinance submitted by the Community Public Service Company and it was decided that a workshop meeting should be held and representative of the Houston Lighting & Power Company and the Community Public Service Company :to be present at this workshop meeting. ADJOURN: It was moved by Councilman DeShazer, seconded by Councilman Wasek that the meeting adjourn. Meeting adjourned 9:30 P. M. Motion passed 5 to 0. Minutes approved as submitted and/or corrected this day of , A. D. 1971. Attest: City Secretary