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1968-03-28 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF 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 Adminstrator & City Secretary Chaplin City Attorney D. R. Keller Gene E. Sanders E. A. Wasek Dale Watson A. G. Ellis B. J. Courtright Jerry D. Henderson James Matlock Cesare J. Galli, Jr. INVOCATION• Invocation was given by Rev. Kelley, pastor of the First Presbyterian Church, Pearland, Texas. APPROVAL OF MINUTES: It was moved by Councilman Sanders, seconded by Councilman Courtright that the minutes of the regular Council meeting held March 14, 1968 be approved. Motion passes 4 to 0. Councilman Watson abstained due to his not being present at the regular meeting on March 14, 1968. It was moved by Councilman Sanders, seconded by Councilman Wasek that the minutes of the special meeting held on March 21, 1968 be approved. Motion passed 4 to 0. Councilman Watson abstained due to his not being present at the special meeting on March 21, 1968. APPROVAL OF EXPENSES: It was moved by Councilman Courtright, seconded by Councilman Wasek that the payroll dated March 31, 1968 which includes Check Nos. 2060 through 2088; the regular expense check Nos. 3278 through 3317 be approved for payment. Motion passed 5 to 0. COMMITTEE REPORTS: Upon the recommendation of the Street Light Committee, it was moved by Councilman Ellis, seconded by Councilman Watson that a street light be installed on corner of Old Alvin Road and Orange Street and a stop sign be installed on Washington -Irving Watson that the three city lots located north of the City Hall and now owned in fee by the City be used as a park and if legally feasible that a $1.00 lease agreement be entered into for the use of the vacant land immediately north of these lots for the said same purpose. Also, it is understood that at this time that no City funds are to be expended except fcr•a:mnmum amount for fence around the well, pump, and railroad tracks, and city labor for general grading and cleanup of the area. Any service organization, civic clubs, individuals, etc. will be welcome to participate in developing the area into a play- ground -picnic park. It was moved by Councilman Sanders, seconded by Councilman Ellis that the motion be tabled until such time as facts and figures could be considered by the Budget and Finance Committee and recommendation to the City Council from that Committee. Motion passed 3 to 2. Councilmen Courtright and Watson opposed. STREET AND BRIDGE: Councilman Courtright requested that an experiment be run on 492 feet of Cherry Street with an emulsified asphalt material which would cost approximately 45� per square yard. No action was taken at this time. F, I CITIZENS: Mrs. B. M. Jamison was recognized and asked about the 105,000.00 Time Warrants. Mayor Keller informed her that the information she was seeking could be found from nine different city ordinances, copies of which would be available to her at 50¢ per page, and he supplied her with the ordinance numbers. at the intersection with Yost Road. Motion passed 5 to 0. It was moved by Councilman Courtright, seconded by Councilman Watson that the three city lots located north of the City Hall and now owned in fee by the City be used as a park and if legally feasible that a $1.00 lease agreement be entered into for the use of the vacant land immediately north of these lots for the said same purpose. Also, it is understood that at this time that no City funds are to be expended except fcr•a:mnmum amount for fence around the well, pump, and railroad tracks, and city labor for general grading and cleanup of the area. Any service organization, civic clubs, individuals, etc. will be welcome to participate in developing the area into a play- ground -picnic park. It was moved by Councilman Sanders, seconded by Councilman Ellis that the motion be tabled until such time as facts and figures could be considered by the Budget and Finance Committee and recommendation to the City Council from that Committee. Motion passed 3 to 2. Councilmen Courtright and Watson opposed. STREET AND BRIDGE: Councilman Courtright requested that an experiment be run on 492 feet of Cherry Street with an emulsified asphalt material which would cost approximately 45� per square yard. No action was taken at this time. F, I CITIZENS: Mrs. B. M. Jamison was recognized and asked about the 105,000.00 Time Warrants. Mayor Keller informed her that the information she was seeking could be found from nine different city ordinances, copies of which would be available to her at 50¢ per page, and he supplied her with the ordinance numbers. "9 Mayor Keller issued the following statement: Until now the City of Pearland has made a special effort to completely cooperate in answering questions concerning activities of the City. The position of the City has not changed in that cooperation is paramount in our minds. We serve the people of Pearland, however, we also have an obligation to the I people of Pearland and it is because of this obligation that we find it necessary to state the City's position on yielding information in response to generalized questions. Frequently, City employees have spent time and taxpayers money responding to requests for general information which inevitably turns out to be "witch hunts." In summary, records of the City of Pearland are public. They will be supplied at 50¢ per page when a request for specific information such as ordinance number and/or specific dates are supplied. It was moved by Councilman Sanders, seconded by Councilman Wasek L I that this statement be adopted as a City policy. Motion passed 5 to 0. Mr. Lee Plyler was recognized and asked about his petition. The Mayor stated that upon the advise of the City Attorney, that no action was taken. Mr. John Yost was recognized and asked what he needed to do for the City to take over Hamm Road. It was explained to Mr. Yost that on February 8, 1968, Mr. Tommy McCully, who also lives on that road, requested the City to take over Hamm Road. A motion was made at this time to accept the right-of-way of Hamm Road at such time as it was dedicated to the City as a 60 ft. in width road and after a study of the title documents. CHLORINE BIDS: Upon the recommendation of the City Administrator, it was moved by Councilman Courtright, seconded by Councilman Watson that the 297' bids for furnishing of chlorine to the City of Pearland for a twelve month period be awarded to the low bidder, Schwartz Company; Inc. for the low bid of 11¢ per pound. Motion passed 5 to 0. PROPOSED WATER ORDINANCE: { It was moved by Councilman Courtright, seconded by Councilman Sanders that Section 7 be added to the proposed ordinance as follows: "That any existing individual well and system may continue to operate until such time as it will not produce water acceptable for human consumption according to the standards of the State Health Department of the State of Texas." Motion failed 2 to 3. Councilmen Ellis, Watson and Wasek opposed. It was moved by Councilman Courtright, seconded by Councilman Sanders that a Section 7 be added to the proposed ordinance as follows: "That Section I of this ordinance shall not be applicable to those parties where water lines running adjacent to itheir property have been installed from funds from the Water Revolving Account or from voluntary contributions. t1 Motion failed 2 to 3. Councilmen Ellis, Watson and Wasek opposed. It was moved by Councilman Sanders, seconded by Councilman Watson to adopt the proposed ordinance No. 152 on third and final reading, captioned as follows: AN ORDINANCE REQUIRING ALL PERSONS, FIRMS OR CORPORATIONS WITHIN THE CITY OF PEARLAND, TO CONNECT ON AND USE AVAILABLE FACILITIES IN THE CONNECTIONS WITH EXISTING WATER WHERE SUCH CONNECTIONS RUN ADJACENT TO THEIR PROPERTY LINES AND SUCH SERVICE IS WITHIN 200 FEET OF THE ESTABLISHMENT TO BE SERVED; REQUIRING FRANCHISE, CONTROLLING EXTENSION OF WATER SYSTEM; PROVIDING A PENALTY FOR VIOLATION NOT TO EXCEED $200.00 PER DAY; AND PROVIDING FOR SEPARABILITY CLAUSE: The following changes are to be made: In the third line of Section I, after the word 'rconnected" add "within twelve months after notice." After "where"; add the "city's." In the second line, Section 4, delete "upon 12 months notice." i Motion passed 4 to 1. Councilman Courtright opposed. (He stated for the record that he was in favor with Section 2 and 3 of the original draft.) TRAFFIC CONTROL: It was moved by Councilman Courtright, seconded by Councilman L--� Ellis to postpone any action pertaining to the "no parking" on I ;� Broadway until the next regular meeting. Motion passed 5 to 0. SALARY ADJUSTMENTS: It was moved by Councilman Sanders, seconded by Councilman Watson that this item be tabled until such time as the City Council could hold an executive session to discuss the matter. Motion passed 5 to 0. AGREEMENT SANTA FE RAILWAY COMPANY: It was moved by Councilman Sanders, seconded by Councilman Courtright that the Mayor be authorized to sign the agreement with the Santa Fe Railway Company that authorized the City i and Brazoria County to clean off the right-of-way approaches at the Orange Street Crossing. Motion passed 5 to 0. INSURANCE: The City Administrator reported that due to the fact that the claims on our Workmen's Compensation have been greater than the premiums, from the period 1964 through 1967, that our Insurance Agent had been unable to place our Workmen's Compensation policy with an insurance company unless the patrolmen were separated from the insurance policy. Since the policy was issued in 1964 the premiums paid to the Company were $3,039.75 and the losses paid to employees were $9,574.72. Of this, the claims , paid to policeman's classification amounted to $8,360.72. It was moved by Councilman Courtright, seconded by Councilman Sanders to adopt proposed Ordinance No. 153 on first and final reading, captioned as follows: AN ORDINANCE AUTHORIZING VOLUNTARY WORKMEN'S COMPENSATION ON ALL CITY EMPLOYEES OF THE CITY OF PEARLAND; EXCEPTING POLICE CHIEF, ASSISTANT CHIEF, SERGEANT OF THE POLICE DEPARTMENT AND ALL PATROLMEN OF THE CITY OF PEARLAND POLICE DEPARTMENT; AND AUTHORIZING ACCIDENTAL DEATH INSURANCE FOR THE POLICE CHIEF, ASSISTANT CHIEF, SERGEANT OF THE CITY OF PEARLAND POLICE DEPARTMENT AND ALL PATROLMEN; AND DECLARING AN EMERGENCY. Motion passed 5 to 0. BIDS ON DUMP TRUCK: It was moved by Councilman Courtright, seconded by Councilman Sanders that the specification be approved for flat bed dump 'and bids to be received until April 25, 1968 and that an alternate bid be received for a cabs_ and chassis only, excluding the flat bed and dumping mechanism. Motion passed 5 to 0. It was moved by Councilman Ellis, seconded by Councilman Courtright that the meeting be recessed in order for the City Council to discuss personnel matters in an Executive Session. Motion passed 5 to 0. Meeting recessed at 9:50 P. M. The meeting reconvened at 11:30 P.M. DUMPING TRASH WITHIN THE CITY OF PEARLAND: It was moved by Councilman Courtright; seconded by Councilman Ellis that proposed Ordinance No. 154 be adopted on first and final reading, captioned as follows AN ORDINANCE AMENDING ORDINANCE NO. 149 TO PROVIDE FOR PERMITS FOR DUMPING DIRT AND RUBBISH, WITH -THE CONSENT OF THE PROPERTY OWNER IN THE CITY OF PEARLAND, DECLARING AN EMERGENCY AND PROVIDING A PENALTY OF NOT MORE THAN $200.00 FOR EACH VIOLATION. Motion passed 5 to 0. SALARY ADJUSTMENTS: It was moved by Councilman Wasek, seconded by Councilman Courtright that upon the recommendation of the City Administrator and the fact that the funds are provided in, the Budget, the monthly salary Soo increases as listed below shall become effective April 1, 1968. E. V. Harris $50.00 Don Rives 25.00 A. H. Casey 50.00 H. W. Srygler 25.00 D. T. Norris 25.00 Marie Davidson 25.00 Mrs. R. D. Palmer 25.00 A. A. Jones 25.00 M. D. Priest 25.00 Ann Ferry 25.00 Juanita Pitts 25.00 Motion passes 5 to 0. HEALTH OFFI CER: The City Administrator reported that Dr. James R. Rau had indicated that he would serve as City Health Officer for the City of Pearland, however, he would not be offended if he was not re- appointed. It was moved by Councilman Sanders, seconded by Councilman Court - right that Dr. David Armbruster be appointed as City Health Officer of the City of Pearland, Texas, to be effective April 15, 1968 for a one year period. Also, that a certificate of appreciation be presented to Dr. James Rau expressing the appreciation of the citizens of the City of Pearland to Dr. Rau for the giving unselfishly of his time for the benefit of the entire City. Motion passed 4 to 1. Councilman Wasek opposed. Meeting adjourned at 11:45 P. M. Minutes approved as read and/or corrected this the day A. D. 1968. r-- City of Fearland By