1973-02-26 CITY COUNCIL REGULAR MEETING MINUTES171
MINUTES OF A REGULAR MEETING OF THE 'C'I'TY' 'C'O'UN'C'I'L' 'O'F 'THECITY OF PEARLAN.D
TEXAS, HELD ON FEBRUARX.26A..19730 AT 7 0 P�. 'N P fX
TEXAS AVENUE, PEARLAND, TEXAS.
;ThenOdet was,'0,4:-3. od to- {opfd-err ° tT Mayor McComb with the following present:
Mayor Carlton McComb
Councilman E. A. Wasek
r—
Councilman Gene E. Sanders
Councilman 'Tom Reid
Councilman 'B. J. Frank
City.Manager William E. Wolff
City Attorney Bobby J. Williams
City Secretary Dorothy L. Cook
Absent from the meeting: Councilman Cecil W. Griffin
INVOCATION & PLEDGE OF ALLEGIANCE:
The invocation was'given by Councilman Reid. The Pledge of Allegiance was led by
members of news media present at the meeting.
APPROVAL OF MINUTES:
It was moved by Councilman Sanders, seconded by Councilman Wasek that the minutes of
the regular meeting held on February 12, 1973 be approved as submitted. Motion passed
4to0.
MAYOR'S ACTIVITY REPORT:
Mayor McComb reported that he and Chief Singleton would be in Austin next Monday,
March 5, 1973, for the Texas Municipal League's Legislative Breakfast. Senator
Schwartz and Representative Hubenak have been invited as guests of the City.
COUNCIL ACTIVITY REPORTS:
Beautification Committee: Councilman Reid submitted the following report:
"The Beautification Committee has contacted several organizations in the past'few months
who have indicated a desire to participate in the City's beautification program. Several
of these organizations have appointed members to work with us, and several projects have
been completed by various groups.
The Beautification Committee is in the process of preparing a master plan for City
beautification for Pearland which will set out our goals and guidelines. We envision
that the plan will be divided into three broad areas covering business/industrial projects,
residential projects, and civic projects. With these three general areas of beautification
needs, we'feel that there will be something for everyone. For instance, organizations
such as the Chamber of Commerce would probably concentrate on business/industrial areas,
while Civic Clubs would probably concentrate on residential areas.
The Beautification Committee met with Pat Matchett, Chairman of the Civic Affairs
Committee.and ' with Don Gartman, Vice President of the Chamber of Commerce in a community
wide beautification program.
As soon as we have completed our Master Plan, we will contact all organizations within the
community so.that thoy.may better understand how.they can contribute to a beautification
program for Pearland."
Special Committee Additil5n to -City -Hall :
172
Councilman Frank reported that the Committee met with the Architect on February 23, 1973,
and made some changes. No indication as to when the Architect will have the plans ready.
This addition to the building will be a r 22A. -,-:k 122.
DEPARTMENTAL REPORTS: None
CITIZENS: Mr. Lee Plyler - Mr. Plyler signed the request to appear before the City
Council as follows: " Pertaining to petition to be turned in."
Mr. Plyler stated that he had turned in two petitions to the City on this date 2/26/73
and requested that they be considered valid petitions.
Mayor McComb asked Mr. Plyler to explain his interpretation of each of the petitions
as they applied to the provisions of the Home Rule Charter.
PETITION - "Shall the Home Rule Charter of the City of Pearland be abolished and such
City return to a General Law City" - Mr. Plyler stated that according to the Charter
after twelve months you could ask for referendum election and this was what the petition
was asking.
PETITION - "Shall the City of Pearland, Texas adopt a Comprehensive Zoning Ordinance
said City`
proposed to be adopted by the City Council of Mr. Plyler stated that under the
Home Rule Charter Section 6.13 - Initiative was the basis on which this petition was
filed.
Mayor McComb advised Mr. Plyler that an answer to the petitions would be forthcoming
within the time limit specified in the Charter.
DOCKETED PUBLIC HEARINGS: None
NEW BUSINESS:
Mayor McComb,with the consent of the City Council, moved Item 1 under NEW BUSINESS to
this time in the meeting:
OPENING OF BID NO. B73-2 - 18" VITRIFIED CLAY SEWER PIPE - CONSIDERATION AND POSSIBLE ACTION
AWARDING OF BID:
Bids opened as follows:
Vendor Price Terms Date Delivery
Dickey Clay Mfg. Co. $4.98 2% - 10 days 5 days after
firm order
Can Tex Industries 5.07 2% - 10 days 6 mo after recpt
of order
City Manager Wolff suggested that the Council accept the lowest and best bid made by the
Dickey Clay Mfg. Company.
The Mayor stated that the use of this pipe would be for the oversizing of lines in Woodcreek
Subdivision.
0
It was moved by Councilman Wasek, seconded by Councilman Frank that Bid No. B73-2 be
17.1
awarded to Dickey Clay Manufacturing Company for 18" vitrified pipe at $4.98 per foot
and that the City Manager be authorized to take the necessary action for implementation
of the order. Motion passed 4 to 0.
UNFINISHED BUSINESS:
�-- SECOND.AND FINAL READING (ORDINANCE.NO. 245) PAVING PORTIONS OF FRANCES, TAYLOR AND MCGINNIS:
Councilman Sanders read Ordinance No. 245 in full.
It was moved by Councilman Reid, seconded by Councilman Frank that Ordinance No. 245,
be passed and approved on second and final reading. Caption of said Ordinance No. 245
reads as follows:
ORDINANCE NO. 245
AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING
THE PAVING AND IMPROVEMENT OF PORTIONS OF FRANCES DRIVE,
TAYLOR LANE, MC GINNIS DRIVE, CITY OF PEARLAND, TEXAS;
APPROVING PLANS AND SPECIFICATIONS FOR SUCH WORK;
AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR BIDS IF
NECESSARY; DIRECTING THE PREPARATION OF ESTIMATES;
INVOKING AND ADOPTING THE PROVISIONS OF ARTICLE 1105b,'
VERNON'S REVISED CIVIL STATUES; PROVIDING THE MANNER
IN WHICH AND BY WHOM THE COST OF SUCHIMPROVEMENTS SHALL
BE PAID AND PROVIDING FOR THE ASSESSMENT OF A PORTION
OF SUCH COSTS AGAINST THE ABUTTING PROPERTIES AND THE
OWNERS THEREOF, PROVIDING FOR THE TERMS OF PAYMENT
OF SUCH ASSESSMENTS; DIRECTING THE CITY SECRETARY
TO CAUSE A CERTIFIED COPY OF THIS ORDINANCE TO BE
FILED IN THE DEED OF TRUST RECORDS OF BRAZORIA COUNTY,
TEXAS, PROVIDING A SAVINGS CLAUSE AND AN EFFECTIVE DATE
HEREOF
Voting "aye" - Councilman Frank, Councilman Wasek, Councilman Sanders, and Councilman Reid.
Voting "no" - None,
Motion passed 4 to 0.
SECOND AND (FINAL) READING - ORDINANCE NO. 246 - LAND USE AND URBAN DEVELOPMENT -`ORDINANCE:
Ordinance No. 246 read in full by Councilman Reid, Councilman Sanders, Mayor McComb, and
City Attorney, Bobby Williams. Article VI - Definitions, Pages 37 through 43 and
Symbols and Schedule of Use Tables, Page 44 through 55 are spread upon the minutes,
It was moved by Councilman Frank, seconded by Councilman Wasek that Ordinance No. 246 be
passed and approved on second and final reading. Said Ordinance No. 246 reads in caption
as follows:
ORDINANCE NO. 246
AN ORDINANCEESTABLISHING LAND USE REGULATIONS AND
DIVIDING THE CITY OF PEARLAND INTO LAND USE
DISTRICTS IN ACCORDANCE WITH A COMPREHENSIVE PLAN,
REGULATING THE USE OF LAND AND BUILDINGS,
DESIGNATING OPEN SPACES, LOT COVERAGE, OFFSTREET
PARKING AND THE DENSITY OF URBAN DEVELOPMENT,
PROVIDING FOR THE ADMINISTRATION, ENFORCEMENTS AND
AMENDMENT THEREOF IN ACCORDANCE WITH THE PROVISIONS
OF ARTICLE 1011a'OF THE REVISED CIVIL STATUTES OF
TEXAS, PROVIDING A SAVINGS CLAUSE AND FOR THE REPEAL
OF ALL ORDINANCE .IN CONFLICT HEREWITH, PROVIDING
AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS
RELATING TO THE SUBJECT.
174
Voting "aye" - Councilman Frank, Councilman Wasek, Councilman Sanders, and Councilman Reid.
Voting "no" - None
Motion passed 4 to 0.
APPOINTMENT OF TRAFFIC ENGINEER:
It was moved by Councilman Frank, seconded by Councilman Reid that the Council
create the administrative office of Traffic Engineer to report to the City Manager.
Motion passed 4 to 0.
It was moved by Councilman Frank, seconded by Councilman Sanders that M. L. Singleton
be appointed as Acting Traffic Engineer for the City of Pearland. Motion passed 4 to 0.
The above office created by the Council under Section 4.3 of the Home Rule Charter and
at the request of the Ordinance Committee.
NEW BUSINESS:
. _ . .... .... .... ..
CONSIDERATION AND POSSIBLE ACTION - SALE OF 12.1 ACRES OF LAND'OWNED-BY"THE-CITY AND
LOCATED TN ABSTRACT 320 - E. LITTLE SURVEY LOT '53:
This item passed until a later date.
BRAZORIA COUNTY DRAINAGE DISTRICT NO. 4 ALLOCATION OF SERVICE AND MATERIALS TOR 197.31
The Mayor reported that in a discussion with the Drainage District it was brought out
that we have not completed the project down Austin Street which will be North down Austin
Street under Highway 35 (W. Broadway) and help relieve Mimosa Acres and Willowcrest
of some of the drainage run-off. Also, the Drainage District has not determined the
exact allotment the City will get this year. It will be at least enough to complete
this project and perhaps a little more.
It was moved by Councilman Sanders, seconded by Councilman Frank that the Drainage District
use that portion of the allocated funds designated for use within the City of Pearland to
complete the Austin Street project and that further discussions between the two bodies
allocate any other funds that might be available. Motion passed 4 to 0.
AGREEMENT WITH BRAZORIA COUNTY (COMMISSIONER'S PRECINCT 3) ALLOCATION OF SERVICE AND`
MATERIAL IN THE AMOUNT OF $8,000.00 FOR 1973:
It was moved by Councilman Sanders, seconded by Councilman Reid that the allocation
from the Brazoria County Precinct No. 3 for the City of Pearland be applied to the
purchase of materials, reinforced concrete pipe, to be placed in an existing drainage
ditch to permit the continuation of County Road 112 (Mykawa Road) from Orange Street
to Cherry Street. Motion passed 4 to 0.
FIRST READING - ORDINANCE NO. 247 - AN ORDINANCE OF NECESSITY FOR AND ORDERING THE PAVING
AND IMPROVEMENT ON PORTIONS OF TRELAWNEY IN TWIN CREEK WOODS SUBDIVISION:
Proposed Ordinance No. 247 read in full by Councilman Reid and Councilman Frank.
175
It was moved by Councilman Frank, seconded by Councilman Wasek that Ordinance No. 247
be passed and approved,on first reading. Said Ordinance No. 247 reads in caption as
follows:
ORDINANCE NO. 247
AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING
THE PAVING AND IMPROVEMENT OF PORTIONS OF TRELAWNEY DRIVE
CITY OF PEARLAND, TEXAS; APPROVING PLANS AND SPECIFICATIONS
FOR SUCH WORK; AUTHORIZING THE CITY MANAGER TO ADVERTISE
FOR BIDS IF NECESSARY; DIRECTING THE PREPARATION OF
ESTIMATES; INVOKING AND ADOPTING THE PROVISIONS OF
ARTICLE 1105b, VERNON'S REVISED CIVIL STATUTES; PROVIDING
THE MANNER IN WHICH AND BY WHOM THE COST OF SUCH IMPROVEMENTS
SHALL BE PAID AND PROVIDING FOR THE ASSESSMENT OF A PORTION
OF SUCH COSTS AGAINST ABUTTING PROPERTIES AND THE OWNERS
THEREOF; PROVIDING FOR THE TERMS OF PAYMENT OF SUCH
ASSESSMENTS; DIRECTING THE CITY SECRETARY TO CAUSE A
CERTIFIED COPY OF THIS ORDINANCE TO BE FILED IN THE DEED
OF TRUST RECORDS OF BRAZORIA COUNTY, TEXAS, ENACTING
PROVISIONS INCIDENT AND RELATING TO THE SUBJECT, PROVIDING
A SAVINGS CLAUSE AND AN EFFECTIVE DATE HEREOF.
Voting "aye" - Councilman Frank, Councilman Wasek and Councilman Sanders.
Voting "no" - None
Motion passed 3 to 0
Councilman Reid not present in Council Chambers at this time.
APPROVAL OF MAINLAND dONSTRUCTIONCOMPANY'S EMERGENCY REPAIRS TO SEWER LINES ON HIGHWAY
35 AND ON WASHINGTON AVENUE - CHECK NO. 6055:
Mayor McComb stated that a check was prepared in the amount of $13,188.80 to Mainland
Construction Company for emergency repairs to sewer lines in the City at the following
locations: 2600 Block of Highway 35 (Main Street,- large cave-in in quicksand;
2600.Block of Highway 35 (Main Street) on down from first repair - cave-in in gpicksand;
2300 Block of Washington Avenue - Manhole sinking and had to be repaird .and rebuilt;
2400 Block of Washington Avenue - had to replace 60 feet of 10 inch line.
It was moved.by.Councilman Frank, seconded by Councilman Wasek that Check No. 6055
on the Water & Sewer Operating Account payable to Mainland Construction Company in the
amount of $13,188.80 be approved for emergency repairs to sewer lines as authorized
b7,4ticle 2368a,of Texas Vernon Civil Statutes. _ Motion passed 3 to 0.
Councilman Reid not present,in the Council Chambers at this time.
ADJOURN:
All business being concluded, the Mayor adjourned the meeting at 9:47 P. M.
Minutes approved as submitted and/or corrected this / day of
A. D. 1973.
Attest: - -- , Mayor
C�ty 5gec4eta