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1969-06-26 CITY COUNCIL REGULAR MEETING MINUTES224 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 Melvin L. Black ._ Councilman E. A. Was ek Councilman Cecil W. Griffin Councilman Carlton McComb Councilman Aubrey G. Ellis (Entered 7:47 P. M.) City Secretary borothy L. Cook INVOCATION: The invocation t�,as given by H. W. Stanford. APPROVAL OF MINUTES: The minutes of the regular meeting held on June 12, 1969, were read and approved after corrections were noted. -, i APPROVAL OF EXPENSES: It was moved by Councilman Waaek, seconded by Councilman Griffin that the following checks be approved for payment: MAYOR'S ACTIVITY REPORT: Grass Mooring: Mayor Keller read a draft of proposed letter to property owners regarding mowing of vacant lots. City Sales Tax: Mayor Keller reported that the City received the second check from the Controller of Public Accounts for City Sales Taxes. This check was in the amount of $10,717.91. Brazoria County Peace Officers Association Meeting: General Fund Payroll 25�4 thru 2596 (2579 void) Water & Seger Payroll 2597 thru 2603 General Fund Expenses 702 thru 730 Water & Sewer Expenses 4123 thru 4125 Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Grass Mooring: Mayor Keller read a draft of proposed letter to property owners regarding mowing of vacant lots. City Sales Tax: Mayor Keller reported that the City received the second check from the Controller of Public Accounts for City Sales Taxes. This check was in the amount of $10,717.91. Brazoria County Peace Officers Association Meeting: Mayor Keller reported that it ~as Pearland~s turn to host the Brazoria County Peace 0ffier's Associationlmeettng in July, and recommendedlthat a motion be passed allocating $~0.00 for this expenditure since it ~ias inadvertently ommitted from the budget. It ~as moved by Councilman Ellis, seconded by CoUncilman Griffin that the City expend $2~0.00 to host the Brazoria County Peace 0fficer's Association meeting in ~Uly, and the budget be amended accordingly. Motion passed ~ to 0. Additio~ ~o Cit~ Hall.B~i~l~n~: Mayor Keller readla~letter from Hall-McGuff, Architects, stating~ that a deadline 0f August l~, 1969, has been set as a deadline for completion of construction documents. April of 1970 is scheduled tentatlve~date of completioni 225 Agenda: Mayor Keller announced that due to the fact that the Agenda is to be posted three days in advance of meetings, the closing time for request to appear before the Council ~'ould be Monday at noon. COMMITTEE REPORTS: Pick-up Trucks: Councilman McComb reported that he had checked with the o~'ners of Osborne-Apple Ford about delivery of our two pick-up trupks. After investigation by the O~ners, it was discovered that our.~ruoks had not be reordered. The trucks are now reordered and should be delivered the ~eek of July 7, 1969. Street Load Limit: Councilman McComb reported that heavy concrete trucks were going through Mimosa Acres Subdivision in order to get to Willowcrest where construction ~as going on. Councilman McComb, ~o'ith the approval of the Mayor and Council, requested that the City Attorney take the facts that were presented by the City Engineer last December 12, 1968, and immediately write usa load limit ordinance to be presented to the Council. Braz0s River Authority: Councilman McComb stated that he had talked to Mr. Carson of the Brazos River Authority regarding securing surface ~'ater for the City of Pearland to use. Mayor Keller stated that he would set up a meeting a~ soon as'pos~ sible with the Brazos River Authority and will explore the pos- sibtllities of the Galveston Water Authority furnishing surface water for the City of Pearland to use. Health & Sanitation C0mmit~eer 226 Refuse Disposal Study - June 20, 1969, presented by the Health & Sanitation Committee, made a part of these minutes. It ~.~as moved by Councilman Griffin, seconded by Councilman Ellis thai PlanrA·. as outlined InI the Refus~u~S~8~al ~udy presented by the Health & Sanitation Committee,/be adoptS2 a~ the procedure to be used for the collection and disposal of refuse in this com- munity; with the following modifications: (a) That the bag system not be adopted in its entirety at this time. (b) That the fee for the collection of residential refuse remain at the present rate of $2.50 per month, unless the customer requests the bag system, in ~'hich case the fee would be $3.00. (c) That the land-fill facility established by this'plan shall not be available to commercial refuse collection companies except through contractual arrangements with another governmental body or by prior agreement ~ith the City of Pearland. (d) That commercial or business rates be based on the time and equipment necessary to their collection. Motion passed 3 to 2. opposed. Councilman McComb and Councilman Wasek It was moved by Councilman Griffin, seconded by Councilman Black that an ordinance be adopted requiring that all refuse be disposed of under the supervision and control of city personnel or other procedures to be approved by the City Administrator, and that participation in the Cities Refuse Disposal Program be mandatory. That the collection of refuse x.liithin the City of Pearland shall be allo~.'ed only by those parties franchised by this City. That this action shall be effective July l, 1969, for commercial Customers and September l, 1969, for residential 'customers. ~ Motion passed 3 to 2. Councilman McCom~ and Councilman Wasek ~, ~l~..~~ opposed. It was moved by Councilman Griffin, ssconded by.Cou~Silman Ellis that the Mayor and City Attorney/ab~ ~ptrh~srei~gadtives of the City of Pearland to contract ~ith the City of Alvin for the purpose of .disposing of Pearland refuse at their facility for interim until or unless the City of Pearland's facility for disposal is operational Motion passed ~ to O. It ~as moved by Councilman Griffin, seconded by Councilman McComb that the Health and Sanitation Committee be authorized to hire the necessary p~ersonnel for t~e implementation.of Plan Aas outlined in the Refuse Disposal Study p~esented by the committee. Motion passed 5 to O. 227 It was moved by Councilman Griffin, seconded by Councilman McComb that the City of Pearland purchase the equipment of the GriffinI' B~others Company for an amount established by an independent · appraiser, and the City Attorney to be directedto prepare necessary legal documents. The appraisal of the Packmore Corporation tb be entered into the records as part of this motion. This motion contiTnt on whether or not ~e can accept the appraisal of the equipment without bids. Pak-More Manufacturihg Company appraisal dated June 24, 1969, as follows: "Mr. Billy Griffin Pearland, Texas Dear Mr. Griffinz As per your request I am giving you an appraisial off the two Pak-Mor PaCker Bodies mounted on chassis and 12 t~o (2) cubic yard containers; This appraisal is based on the age of the equipment, the present condition of the eqhipment and the current demand for used equipment of this nature. It is also based on what I would allow for trade-in on ne~ equipment and what I think I can get for this equipment. I am also taking into consideration the extra heavy duty cahssis you have these bodies mounted on. 1 - 20 cubic yard hydraulic Pak-More Rear Loader equipped with a h draulic container handling device, 1968 Model, mounted on a 196~ V8 Heavy Duty Chevrolet Chassis ..... ~ ....... $il,500.00 1 - 20 cubic yard hydraulic Model "H" Pak-Mor Side Loader, 1966 Model, mounted on a 1966 - 4000 GMC chassis ....... $ 2,600.00 12 - 2 cubic yard containers ~ith casters, serviced with cas- ters, serviced ~ith Rear Loader @ $!50.00 each ......... $ 1,800.00. Sorry to learn that you are getting out of the refuse collection business and if we can be of further service to you please do not hesitate to call on us. Yours truly, /s/W. E. Sheppeard, Sales Representative Pak-Mor Manufacturing Co. San Antonio, Texas" Motion passed 5 to 0. Councilman Griffin stated on the last item he would like to have to Mayor Keller appoint Councilman Ellis ~etermine if we could locate the usable previously owned crawler type tractor for use at the garbage dump. It ~jas moved by Councilman Griffin, seconded by Councilman Ellis that specifications be drafted for new and/or used equipment as soon as feasible for ~he purchase of a crawler~type tractor to ~e used at the land-fill site. Motion passed 3 to 2. Councilman Wasek and Councilman McComh opposed. City Engineer's Contract: Mayor Keller to meet with the City Engineer and City Attorney to discuss this contract. This matter to be placed on next Agenda. 228 City Administrator: Councilman Griffin reported that he had t~o prosptectivs applicants for the City Administrator's job, and interviews ~Iould be set up the early part of next week. Meeting recessed 9=00 P. M. - Reconvened 9:20 P. M, Nottingham Area~ Mayor Keller read a copy of letter to Dalsco, Inc, dated June 20, 1969, as follows: "Dals o, . c Inc 3908 E. Broadway Pearland, Texas Attention: Mr. David L. Smith Re: Area Kno~n as Nottingham Gentlemen: City Council of the City of Pearland has instructed me to notify you of the several requirements ~i'hich need to be met before City services ~'ill be extended to the ares kno~n as Nottingham. The area to ~ihich ~,e refer is bounded on the south and ~.~est by Marys .creek and Old Alvin Road. The minimum requirements to meet acceptance of this area as a subdivision follows=: 1. A Meets and Bounds Plat on all parcels of land. o File a set of plans in compliance ~iith the sub- division Ordinance of the City of Pearland. Installation and/or improvement of facilities to meet or e~ceed the City of Pearland's subdivision ordinance~ the primary of ~hich are (a) Installation of a 6-inch ~ater line to connect to city water supply. (b) Improvement of "Nottingham Street" to meet minimum specifications for asphalt streets, including inspection for acceptance by the City. 4. At least ~0 feet of street right of ~'ay on Nottingham Street." 5. Furnish complete as-built plans. In summary, it is the City Counctl's understanding that ~'e are forbidden by law to furnish facilities to the subject area until it is accepted as a subdivision. Kindest personal regards, /s/D. R. Keller Mayor of Pearland" Also, a letter to Mr. Gene Reed as follows= "June 20, 1969 229 Mr. Gene Reed ~803 Orange Street Pearland, Texas 77581 Dear Mr. Reed: First requests for permits for your intended home in "Notting- ham" were refused by order of the City Council. Permits necessary for the 'construction of your home may now be obtained; however, I am obliged to inform you that the area .~ presently known as Nottingham is not an accepted subdivision in the City of Pearland. Consequently the City will not supply services (water and/or sewerage) to your property until this area is in compliance ~ith the City requirements. Dalsco, inc. (owner of record at City Hall) has been informed of these requirements and Mr. David Smith approved the enclosure of a copy of these require- ment with this letter. In closing, may I say it is neither the intent nor the desire of the City to cause you any inconvenience, and we look forward to an amicable settlement of this matter. Kindeat personal regards, /s/D. R, Keller Mayor of Pearland -enclosure" The above letters introduced into and made a part Of record of action by the City Council of Pearland. Street Lights: Councilman Ellis requested tha~ the Houston Lighting and Power Co.. make a survey of the street light needs in Corrigan Subdivision. CITIZENS: Mr. Paul Hamm - Mr.,Nonny Walker: Appeared before Council regarding seE'er tap for putter park located on Highway 518. Mayor Keller read letter dated May 29, 1969, addressed to the above stating the City's position on 'tying into .city sewer lines. After a discussion of this matter ~ithMr. · ~Walker and Mr. Hamm, the City's position in this matter will remain the same as outlined in letter to Pearland Putter.' Park dated May 29, 1969. Mrs. Naomi Curry - CorriganAddition Civic Club: A letter dated June 24, 1969, from the Civic Club requesting permission to beautify the esplanade, that devides the entrance into Corrigan Addition ~as read by Mayor Keller. It-was moved b~ Councilman Griffin, seconded by Councilman McComb that the City grant permission to the Corrig~n Civic Club to beautify the entrance esplanade in Corrigan Addition, ~vith a stipulation that the City will not ~e responsible for mo~ing . 230 of weeds and grass. ~pposed. Motion passed 4 to 1. Councilman Wasek Copy of motion to be for~mrded to the Civic Club. Trailer Park OrdinanCe_!' Mayor Keller appointed Councilman Carlton McComb as Chairman and Councilman Black as a member to work up a trailer park ordinance for adoption by the City Council.· NEW BUSINESS: Colony Park Subdivision: Charles Kliesing, developer of Colony Park Subdivision appeared before the Council and stated that he had discussed the objections the City Engineer had with him and there was some discussion of a low water bridge on Highway 518. A letter from the Highway Department regarding this low water bridge has been received by the Drainage District and a copy should be in the hands of 'the City in a few dayS. This ~,!ould eleviate one objection by the City Engineer, the other being encroachment on private property of se~'er lines. He requested permission to go ahead and put the ~ater and sewer lines in the ground ~ihile the weather is good, = Mayor Keller read letter of May 29, 1969, addressed to Mr. Kliesing regarding construction of the sewer lines .wherein Mr. Kliesing was advised that the construction plans had not been approved by the City. This letter was signed by Mayor Keller. The City Council denied Mr. Kliesing's request to lay utility lines until he has complied'with the Subdivision Ordinance regarding filing of construction plans for utilities. This ~,as the unanimous approval of the Council. SLEEPY HOL~0W STREETS (OLD PART): William C. Walsh's letter dated June 24, 1969, recommended we accept streets in Sleepy Hollow Subdivision (old part). Copy of Schematic Plot Plan (Location of Depth Tests) - #12002 be incorporated in this recommendation. It was moved by Councilman Griffin, seconded by Councilman Black that contingent upon the receipt of a one year maintainence bond covering these streets, that the City of Pearland accept the streets in Sleepy Hollow Subdivision (old part) as described in Schematic Plot Plan - Location of Depth Tests - Serial No. 12002~ Motion passed 3 to 2. Councilman McComb and Councilman Wasek opposed. DOG ORDINANCE: ' Mayor. Keller stateld!!!that the City Attorney requests permission to amend thLe Dog Ordinance No. 173, ~hich was passed by the Council, however, Was subject to pdblication before it ~ould be enforceable. Thislmatter to be!placed on~Ithe next agenda with ~the understanding that the~ amended ordinance will be received at least four days prior to the next regular meeting, so that the Council will have time to go over the various amendments. Mayor Keller appointed a Committee of Councilman Wasek and Council- men Ellis to come back at the next regular meeting ~ith firm recommendations for the establishment of a city dog pound. ' 231 PETITION FOR ANNEXATION - RALPH A. WE,MHQFF,,,ET,UX. It was moved by Councilman Mc'Comb, seconded. by Councilman Black that the petition of annexation of Ralph A. Wemhoff, et ux. be accepted by the City of Pearland.and Ordinance be prepared by the City Attorney annexing the area described in this ~etitton. Motion passed 5 to 0. ' NEW BUSINESS: It was moved by Councilman Black,: seconded by Councilman Griffin that the Resolution be adopted in opposition' to .any limitation on :"the tax exempt status of interest paid on municipal bonds. Motion passed 5 to O. WATER METER BIDS: It was moved by Councilman McComb, seconded by Councilman Ellis that upon the recommendation of Director of Public Work's Harris; the Rockwell Meter Manufacturing Company. be awarded the bid for water meters at a rate of $34.30 per meter, and that .bid security checks be' returned to unsuccessful bidders. Motion passed 5 to o. WATER LINE - MAIN STREET - RICE DRIER ROAD TO HALIK ROAD - WEST SIDE OF'MAiN STREET: It was moved by Councilman McComb, seconded by Councilman Griffin that the Public Work's Director be authorized to install an 8" water line ~ith necessary appurtenances on the west side of Highway 35 to just beyond Halik Road and install a fire plug. The Company to be served by this line to pay an lamount equal to the cost of boring under Highway 35 ~htch ~ould be necessary if installation · of the above line was not made. Motion passed 5 to O. Meeting adjourned 10:25 P. M. Minutes approved as read and/or corrected this the /~ day of AT~./.~? - , A. D. 1969.. CITY OF PEARLAND Mayor