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1969-01-23 CITY COUNCIL REGULAR MEETING MINUTES137 OF A RE A'1' ( :. j_ V.. 1V1. MEETING OF THE CITY COUN 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 Councilman Councilman Councilman Councilman City Administrator City Secretary Councilman D. R. Keller Gene E. Sanders Dale Watson E. A. Wasek B. J. Courtright Buford D. Waldrop Dorothy L. Cook Aubrey G. Ellis The invocation was given by Chaplain James Matlock. APPROVAL OF MINUTES: It was moved by Councilman Watson, seconded by Councilman Courtright that the minutes of the special meeting held on January 13, 1969, be approved. Motion passed 4 to 0. It was moved by Councilman Courtright, seconded by Councilman Wasek that the minutes of the regular meeting held on January 9, 1969, be approved. Motion passed 4 to 0. APPROVAL OF EXPENSES: It was moved by Councilman Sanders, seconded by Councilman Courtright that the following cheeks be approved for payment. Water & Sewer Payroll # 2300 thru #2305 General Fund Payroll # 2306 thru #2329 (#2324 marked void) General Fund Expense # 328 thru # 356 Water & Sewer Expense #3971 thru # 3983 Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT: Pearland Garbage Service: A letter was read from the Griffin Brother's Garbage Service outlining proposals for continuing garbage service here in Pearland. Mayor Keller stated th&t he had been contacted by the American Refuse System, Inc. regarding the possibility of their company handling the garbage service pick-up here in Pearland. Mayor stated that a workshop meeting should be held the first part of next week, possibly Monday night, to hear the proposition from this concern. COMMITTEE REPORTS: Dog Complaints: 138 Councilman Courtright stated that he had received several complaints regarding failure of the City to pass some type of dog ordinance. He proposed the following as a straw vote to ascretain the feeling of the electorate. It was moved by Councilman Courtright, seconded by Councilman Sanders that an ordinance be drafted placing on the April General Election the proposition, "Should a leash law be adopted?" After discussion of this subject, it was moved by Councilman Sanders, seconded by Councilman Watson that the above motion be tabled until the next regular council meeting. Motion passed 3 to 1. Council- man Courtright opposed. Mayor Keller has discussed the matter of a dog ordinance with Dr. RicepCorse and the City Attorney. Railroad Crossings - Signals and Gates: It was moved by Councilman Sanders, seconded by Councilman Watson that the City Administrator be directed to contact the Santa Fe Railway Company regarding the possibility of installing signals and gates at the railroad crossings located on Kanpp Road, Pear Street and Magnolia Road. Motion passed 4 to 0. Traffic Surveys: Councilman Watson requested information on a traffic survey on Orange and North Main Street. City Administrator advised that we had made a survey, with use of Texas Highway Department equipment, and that the amount of traffic was not sufficient to warrant the Texas Highway Department placing a stop light at this location. CITIZENS: J. C. Cullison, Jr. - represrnting Mimosa Acres requested permission to appear before the Council regarding streets and drainage in this subdivision. He thanked the Council for the shell which has been placed on some of the streets in the subdivision and requested information as to when the Drainage District would be able to do some work in this area. He was advised that the City made a request in writing to the Drainage District for this workand the District will take care of this matter as soon as their work load permits. OLD BUSINESS; Revolving Fund - Extension of Water Lines - McGinnis Subdivision• Mr. H. E. Hart appeared before the Council and stated that the McGinnis Subdivision Civic Club felt that the citizens of McGinnis Subdivision are entitled to have water service supplied by the City andjpaid for out of the surplus water bond funds. Mayor Keller advised him that the City Mould not divert these funds until such time as payments are due and paid on the water projects now under contract. 139 It was moved by Councilman Wasek, seconded by Councilman Sanders that six inch waterlines be installed by the City in McGinnis Subdivision in accordance with the preliminary water layout dated September, 1968. The water lines to be stopped in Block 3 between Lots 4 and 5. Money for the prjjject to come from the water construction bond_.funds. Councilman Sanders and Councilman Wasek voted "aye" and Councilman Courtright and Councilman Watson voted "no." This resulted in a tie vote with Mayor Keller voting to break tie vote ttnott and the motion failed. It was moved by Councilman Courtright, seconded by Councilman Wa son that the City proceed with the taking water to the Hart residence in accordance with the motion made in the meeting on January 9, 1969, with financing to be available under Water Fund Revolving Ordinance No. 151. Councilman Courtright and Councilman Watson voted "aye" and Councilman Wasek and Councilman Sanders voted "no." This resulted in a tie vote with Mayor Keller voting to break tie vote "aye" and the motion carried. It was moved by Councilman Sanders, seconded by Councilman Wasek that the immediate preceeding motion be rescinded and that the motion previous to that regarding water lines in McGinnis Subdivision be reentered with the deletion of any reference to where the money -- for installation of such lines is to be obtained. Councilman Sanders and Councilman Wasek voted "aye" and Councilman Courtright and Councilman Watson voted "no." Mayor Keller voting to break tie voted "aye" and the motion carried. It was moved by Councilman Courtright, seconded by Councilman Watson that refunds be made to all citizens in McGinnis Subdivision who have made contributions for the extension of all water fines in that subdivision. Motion passed 3 to 1. Councilman Wasek opposed. It was moved by Councilman Sanders, seconded by Councilman Wasek that the City Administrator be directed to review the budget and report back to the City Council at the next regular meeting on the avail- ability of monies to implement the above two motions and the source of same. Motion passed 4 to 0. Mayor Keller recessed the meeting at 9:05 P. M. Meeting reconvened at 9:15 P. M. OLD --BUSINESS: Revised Electrical Ordinance: It was moved by Councilman Courtright, seconded by Councilman Sanders that the following revision be made in the proposed revised electrical ordinance Part 1, Section 1, Paragraph 3 - "One person experienced in electrical design, preferably an employee of the local company furnishing power to the Ci-"yt' Motion passed 4 to" 0. 140 It was moved by Councilman Courtright that Part II, Section II HOME OWNER'S RIGHTS, the phrase "This excludes all commercial property" and the motion contained in the minutes of November 21, 1967, be substituted therefor. Motion died for lack of a second. It was moved by Councilman Sanders, seconded by Councilman Watson that final action of the Revised Electrical Ordinance be postponed until the next regular meeting at which time any Councilman desiring to make a change in the Ordinance shall submit such change or changes in writing. Motion passed 4 to 0. Councilman Ellis to be advised of this action since he was not present - at the meeting. Authority to Bid Pickup Trucks: It was moved by Councilman Courtright, seconded by Councilman Wasek that the City Administrator be authorized to bid two pickup trucks for the City, Motion passed 4 to 0. Police Patrol Units: City Administrator .read Bid Tabulation No. 69-1, 1/16/69 - as follows: VENDOR BID SECURITY DELIVERY DATE TRADE IN UNIT PRICE 1966/1967 Jack Sollock $249.16 40-60 days $250./$550. $2,891.55 Chrysler Extended Price 5,783.10 Net Price 4,983.10 Jay Marks Chev. 280.00 45 days 275/525 .2,755.62 Extended Price 5,517.24 Net Price 4,717.24 Pasadena Dodge Bid Bond 200/600 2,803.53 Cornet 5% of greatest amount 52 days Extended 5,607.66 Net 4,807.66 It was moved by Councilman Sanders, seconded by Councilman Courtright that based on the past police car experience, that we purchase two plymouth Fury automobiles as bid by Jack Sollock in the amount of $4.,983.10 and the bid security be returned to unsuccessful bidders. ~- Councilman Sanders and Councilman Courtright voted "aye" - Councilman Watson and Councilman Wasek voted "no" - Mayor Keller voting to break tie vote "np" - Motion fail 3 to 2. It was moved by Councilman Watson, seconded by Councilman Wasek that Bid No. 69-1 be awarded to J. Mark Chevrolet in the amount of $4,717.24 and that bid security be returned to unsuccessful bidders. Motion passed 3 to 1. Councilman Sanders opposed. 141 Mayor Keller left Council Chambers at 10:00.P. M. - Mayor Pro Tem Sanders presiding. ` Fire Station Bids: It was moved by Councilman Sanders, seconded by Councilman Wasek that an addendum be added to the bid sheet which would require bidders to submit a square foot bid on the expansion of the bay area of the central fire station, and that a 2.,000 btu unit be specified instead of a two ton air conditioner and that the G. E. model number be inserted. Motion passed 4 to 0. It was moved by Councilman Courtright, seconded by Councilman Sanders that the fire station buildings be put out.for bids to be opened on February 27, 1969, and that specifications be personally delivered to two manufacturers with a request for their comments. Motion passed 4 to 0. Mayor Keller returned to Council Chambers 10:05'P. M. Turner Addition Section II: It was moved by Councilman Wasek, seconded by Councilman Watson that upon the recommendation of the, City Engineer and statement by the City Administrator that the City accept Turner Addition Section II. Motion passed 3 to 1. Councilman Courtright opposed. NEW BUSINESS: It was moved by Councilman Courtright, seconded by Councilman Wasek that the Order Establishing Procedure For City Officer's Election to be held on the 5 day of April, 1969, be approved and adopted by this Council. Motion passed 3 to 0. Councilman Sanders abstained due to his not being present at the time the order was read. Order For City Officers' Election: It was moved by Councilman Courtright, seconded by Councilman Sanders that order for City Officers' Election to b -e held April 5, 1960, be executed by Mayor Keller and that Mrs. Josie Heflincbe named as Election Judge, Mrs. Jack Miller - Assistant Judge, Mrs. Dorothy Cook, Absentee Election Clerk and Mrs. Dorothy Thompson - Absentee Deputy Clerk. Compensation for Election Judge and Clerks to be in accordance with Texas Election Laws for state and county elections. Motion passed 4 to 0. Home Rule Charter Commission Election: It was moved by Councilman; Sanders, seconded by Councilman Courtright I that the ordinance calling a special jelection for a Home Rule Charter Commission be jpassed and adopted on first and final reading with the same Election Judge, Assistant Judge, Absentee Election Clerk and Deputy absentee Election Clerk as for the City Officers' Election, subject to clarification of Section 4 as to the number of people on the commission. 142 Said ordinance reading in caption as follows: ORDINANCE NO. 172 AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD IN THE CITY OF PEARLAND, TEXAS, ON THE QUESTION OF CHOOSING A COMMISSION TO FRAME A NEW CHARTER AND FOR THE ELECTION OF A CHARTER COMMISSION; DESIGNATING THE PLACE WHICH SAID ELECTION IS TO BE HELD, PRESCRIBING PROCEDURE FOR CANDIDATES TO FILE FOR THE OFFICE OF CHARTER COMMISSIONER; APPOINTING ELECTION OFFICIALS THEREFOR; AND CONTAINING OTHER PROVISIONS RELATING TO SAID ELECTION. Motion passed 3 to 0. Councilman Watson not present at this time. Brazoria County Road Agreement - 1969: It was moved by Councilman Courtright, seconded by Councilman Wasek that the Brazoria County Road Agreement be accepted by the Council and the Mayor be authorized to sign same with the understanding that the County Engineer be advised that the order of work listed is the priority desired by the City. Motion passed 3 to 0. Councilman Watson not present at this time. Resolution - Representative to Executive Committee - HGAC: It was moved by Councilman Courtright, seconded by Councilman Wasek that Aaron E. Holland be designed as Executive Committee representative for our area on the Houston Galveston Area Council for the year 1969 and that the Mayor be authorized to sign such resolution. Motion passed 3 to 0. Councilman Watson not present at this time. Resolution - Representative to General Body -HGAC: Mayor Keller stated that Mr. W. G. Hill, Mayor of West Columbia had agreed to serve as our representative to General Body of the Houston Galveston Area Council. Mayor Keller stated that he agreed to serve, however, the other cities involved submitted the name of W. G. Hill. It was moved by Councilman Sanders, seconded by Councilman Watson that this resolution naming W. G. Hill as representative be rejected. Motion passed 4 to 0. It was moved by Councilman Sanders, seconded by Councilman Watson that due to certain conditions that the previous question be reconsidered. Motion passed 4. to 0. It was moved by Councilman Sanders, seconded by Councilman Watson that this resolution naming W. G Hill as representative be rejected. Councilman Sanders and Councilman Watson voting "aye" - Councilman Courtright and Councilman Wasek voting "no" - Mayor Keller voting to break tie vote "no" - Motion failed 3 to 2. It was moved by Councilman Courtright, seconded by Councilman Wasek 143 that the resolution naming W. G. Hill as representative "to the General Body of the Houston Galveston Area Council from our area be adopted. Councilman Courtright and Councilman Wasek voting "aye" - Councilman Sanders and Councilman Watson voting "no." - Mayor Keller voting to break tie vote "aye" - Motion carried 3 to 2. Motion to adjourn was made,, however, was withdrawn and the meeting continued. Barry Rose vs City of Pearland: It was moved by Councilman Sanders, seconded by Councilman Wasek that the Mayor be authorized to sign settlement agreement which was executed by Mr. Rose on January 7, 1969. Motion passed 3 to 1. Councilman Courtright opposed. Copy of Settlement Agreement appended hereto. ADJOURN; Meeting adjourned by motion 11:20 P. M. Minutes approved as read and/or corrected this the 13 day of February , A. D. 1969. CITY R L D By: Mayor ATTEST.. City Secretary