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1973-04-23 CITY COUNCIL REGULAR MEETING MINUTESi 194 MINUTES OF A REGULAR COUNCIL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLANI TEXAS, HELD ON APRIL 23, 1'9'7'3',' AT' 7:30 P. M.' IN' 'T'H'E' 'C'I'TY'HALL,2335 N. TEXAS AVENUE, PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Carlton McComb Councilman Harry Farley Councilman Cecil W. Griffin Councilman Gene E. Sanders Councilman Tom Reid City Manager William E. Wolff City Attorney Bobby J. Williams City Secretary Dorothy L. Cook Absent from the meeting:. Councilman B. J. Frank INVOCATION & PLEDGE OF ALLEGIANCE: The invocation was given by Councilman Reid. The Pledge of Allegiance was led by Shelly Harrison. APPROVAL OF MINUTES: It was moved by Councilman Reldl;'Lseconded%by. Councilman Sanders that the minutes of the regular meeting held on April 6, 1973, be approved as submitted. Motion passed 3 to 0. Councilman Griffin abstained. MAYOR'S ACTIVITY REPORT: Mayor McComb called for any bids on the Public Land Sale. Bids to be considered at a later time in the meeting. Mayor McComb recognized Councillor A. R. Rampling of Ipswich, England who is visiting his daughter in the Pearland area. Mayor McComb read a letter of resignation from Mr. Bill Frascino ,:_ a member of the. Board of Adjustmaht and Appeals under the Building Code for the City of Pearland. It was moved by Councilman Farley, seconded by Councilman Reid that the Council accept the resignation of Mr. Bill Frascino as a member of the Board of Adjustment and Appeals. Motion passed 4 to 0. Mayor McComb administered the Oath of Office to Mrs. Dorothy Thompson as Assistant City Treasurer. Mayor McComb issued a Proclamation for the week of April 23, 1973 to be Dorothy Cook Week in Pearland as recognition for 10 years of service to the City and the past 5 years as City Secretary. The following appointments were made by Mayor McComb. The Council Committees were abolished by the Mayor and in lieu thereof one man Coordinators were appointed. UTILITY RATE COORDINATOR - Councilman Farley SAFETY COORDINATOR - Councilman Frank FINANCIAL COORDINATOR - Councilman Griffin 195 RIGHT-OF-WAY COORDINATOR Councilman Sanders BEAUTIFICATION COORDINATOR - Councilman Reid ORDINANCES - Mayor McComb - All Councilman - City Manager Wolff - City Attorney Williams Revenue Sharing Budget - Mayor McComb called a Special Meeting for April 30, 1973 for the City Manager to present the special Revenue Sharing Budget to the City Council. Council At this meeting the.Cityf will set a date for the Hearing on the special Revenue Sharing Budget. BEAUTIFICATION COMMITTEE REPORT: Councilman Reid reported on the activities of the Beautification Committee. The rain has hampered the activities of the clean-up campaign, however, some mowing of right-of-ways has been completed as well as additional junked cars removed from various areas of the City. Mr. Reid advised that a "Junk Car Committee* has been appointed to help with this program. Mr. Earnest Hall, 4805 Elm Street has agreed to act as Chairman and Mrs. Julie Mack of 2103 Willow Street has agreed to assist him. Other members will be appointed to assist this Committee. DEPARTMENTAL REPORTS: - None CITIZENS: Mrs. Arthur Partain-- Mrs. Partain read a prepared statement regarding dogs at large in the City. Mr.H. B. Thornton - N. C. Morrow— Mr. Thornton and Mr. Morrow appeared before the Council with a request for drainage on the east side of McLean Road. The Mayor advised that he had discussed this matter with the Chairman of the Drainage District and they are aware of the need for better drainage in this area, however, the City will send a letter of request to the Drainage District requesting assistance in_this nester. Mr. Darwin Bordelon - Mr. Bordelon appeared before the Council with a request that the City approve Ian agreement with residents of Linwood Subdivision, Section II and St. Helen Catholic Church for participation paving of Plum Street from the intersection of Old Alvin Road and Plum Street approximately 1,000 feet easterly on Plum. Mr. Bordelon presented the City with a checkst9-t1ii14$0.00 which represented 100% cash participation for the paving of this section of Plum. Consideration of the agreement to be considered under new business. DOCKETED PUBLIC HEARINGS None UNFINISHED BUSINESS: BID OPENINGS - (a) Bid No. B73-5 - Public Land Sale, Lot 53 in Abstract 320, Brazor_ia County,' Texas. (No bids received). i (b) Bid No. B73-6 - Petvoleum Products. (No bids received). 196 (c) Waterwork's Materials - Vendor Total Price Net Utility Supply Co. $ 24,468.00 2%/10th/Net 30 Greater Waterworks Supply 28,294.20 2%/10th prox Municipal Pipe & Fabricating Co. 29,307.92 (Alternate) 26,172.20 Net 20th Prox. It was moved by Councilman Sanders, seconded by Councilman Griffin that the bids be referred to the City Manager for tabulation and recommendation. Also, that award of #she bid be made at the Special Meeting of the City Council on April 30, 1973 Motion passed 4 to 0. MEETING RECESSED AT 8:20 P. M. - RECONVENED AT 8:40 P. M. Mayor McComb asked if the Council had any objections to changing the order of business on the Agenda and hearing none, the following items under new business were considered: NEW BUSINESS: PLANNING AND ZONING COMMISSION: Resignation of Larry Loessin: Mayor McComb read a letter from the Chairman of the Planning and Zoning Commission stating that Mr. Larry Loessin wished to resign from the Commission effective as convenient to the City Council. It was moved by Councilman Reid, seconded by Councilman Griffin that the resignation of Mr. Larry Loessin from the Planning & Zoning Commission be accepted as of this date. Motion passed 4 to 0. ''Appointment to fill vacancy created by resignation of Harry Farley: It was moved by Councilman Sanders, seconded by Councilman Farley that Mr. Bill C. Frascino be appointed to fill the vacancy on Planning and Zoning Commission created by the resignation of Harry Farley. Motion passed 4 to 0. This term to expire in April, 1975. Appointment to fill vacancy created by resignation of Larry Loessin: It was moved by Councilman Reid, seconded by Councilman Griffin that Mr. Royce Bomar be appointed to fill the vacancy on the Planning & Zoning Commission created by the resignation of Larry Loessin. This term to expire in April, 1974. Motion passed 4 to 0. Appointment of two members for three years: It was moved by Councilman Griffin, seconded by Councilman Barley that Mr. Melvin L. Black and Mr. Douglas Vaughan be reappointed as members of the Planning & Zoning Commission for a term of three years. Motion passed 4 to 0. IN Mayor McComb administered the Oath of Office of the P3anning and Zoning Commission. APPROVAL AND RATIFICATION OF TRAFFIC ENGINEER'S REPORT ON TRAFFIC CONTROL DEVICE - REPORT NO. 7: Report No. 7, A report of the Traffic Engineer of a traffic control device described r--- as a Stop Sign located on the Northwest corner or Shadybend and East Circle Drive facing Notth so that the traffic on East Circle Drive will stop before entering upon Shadybend,_was brought before the City Council for consideration. It was moved by Councilman Sanders, seconded by Councilman Griffin that Traffic Engineer.'s Report No. 7 be passed, approved and ratified by the City Council. Motion passed 4 to 0. AGREEMENT WITH LINWOOD PAVING COMMITTEE: The proposed Agreement presented earlier in the meeting was read in full by Councilman Griffin. City Attorney Williams advised that an Addendum should be prepared to be attached to the Agreement outlining the minimum specifications for the construction of this portion of Plum Street. It was moved by Councilman Farley, seconded by Councilman'Griffin that we add the t/ s ecificat'on s to the Agreement and approve the Agreement with the Linwood Paving gy7 Geyoan.and that the Mayor be authorized to execute this Agreement. Total expenditure O'C for materials not to exceed $4,000.00. Motion passed 4 to 0. APPLICATION TO AMEND CITY OF PEARLAND LAND USE AND URBAN DEVELOPMENT ORDINANCE: An application to amend the City of Pearland Land Use and Urban Development Ordinance was brought before the City Council for consideration. This Application was presented to the City Council by Myrtlee Massey Meade, as authorized agent for the owners of the property involved in the request for amendment to the Land Use and Urban" Development Ordinance. It was moved by Councilman Sanders, seconded by Councilman Griffin that the City Council receive the application for Amendment to the Land Use and Urban Development Ordinance submitted by Myrtlee Massey Meade. Motion passed 4 to 0. It was moved by Councilman Reid, seconded by Councilman Griffin that the City Council call a Public Hearing before the Planning and Zoning Commission on Tuesday, May 8, - 1973,. at 7:00 P. M. to hear the special request application for amending the- Land heLand Use and Urban Development Ordinance made by Myrtlee Massey Meade,and that proper notification be given to the adjoining property owners. Motion passed 4 to 0. OLD BUSINESS: SEQVNRIW FINAL= -'READING OF ORDINANCE NO. 249 - AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMIT FOR VEHICLES UPON CERTAIN STREETS IN THE CITY OF PEARLAND. Councilman Sanders read proposed Ordinance No. 249 in full. It was moved by Councilman Sanders, seconded by Councilman Reid that Ordinance No. 1 9 8 249 be passed and approved,on.second and final reading. Said Ordinance No. 249 reads in caption as follows: ORDINANCE NO. 249 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, TEXAS, 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 Reid, Councilman Sanders, and Councilman Farley. Voting "no" - Councilman Griffin Motion passed 3 to 1. SECOND AND FINAL READING OF ORDINANCE,NO. 250, AN ORDINANCE OF NECESSITY FOR PARTICIPATION PAVING OF PORTIONS OF ROBERT STREET, NANCY STREET, ROBINSON DRIVE, AND UNION VALLEY DRIVE. Councilman Griffin read proposed Ordinance No. 250 in full. It was moved by Councilman Reid, seconded by Councilman Farley that Ordinance No. 250 be passed and approved on second and final reading. Said Ordinance No. 250 reads in caption as follows: ORDINANCE NO. 250 AN ORDINANCE DECLARING THS NECESSITY FOR AND ORDERING THE PAVING AND IMPROVEMENT OF PORTIONS OF ROBERT STREET, NANCY STREET, ROBINSON DRIVE, AND UNION VALLEY 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 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. Also,__.that-:thks Ordinance be sublimated to all other ordinances of this nature and that no work start on these streets until such time as the street paving fund is sufficient to complete, and that other streets previously designated be given precedence over these streets. Councilman Reid, Voting "aye" - Councilman Farley, Councilman Sanders, and Councilman Griffin. Voting "no" - None Motion passed 4 to 0. 199 Cost Estimates prepared and certified by William C. Walsh, P. E., City Engineer as follows: Street Equipment & Manpower Costs Material Costs Total Including Legal, Adm & Eng. Robert Street (1,380 feet) r- $ 3,299.00 $ 5,853.50 $ 9,152.50 Nancy Street (1,220 feet) 2,936.50 5,170.75 8,107.65 Union Valley Drive (1,495 feet):. 3,550.00 6;346.00 9,896.00 Robinson Drive (2,040 feet) 4,728.00 8,605.00 13,333.00 NEW BUSINESS: (Continued) FIRST READING OF ORDINANCE NO. 251, AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMIT FOR VEHICLES UPON CERTAIN STREETS IN THE CITY OF PEARLAND; Proposed Ordinance No. 251 read in full by Councilman Farley. It was moved by Councilman Sanders, seconded by Councilman Griffin that Ordinance No. 251 be passed and approved 6n first reading with the inclusion of East Circle under Section L(e) portion of the Ordinance. Said ordinance reads in caption as follows: ORDINANCE NO. 251 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 WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, TEXAS, AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY OF A FINE NOT TO AXCEED $200.00 FOR THE VIOLATION OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. Voting "aye" Councilman Reid, Councilman Griffin, Councilman Sanders, and Councilman Farley. Voting "no" _ None Motion passed 4 to O., OTHER BUSINESS: None ADJOURN; All business having been concluded, the Mayor adjourned the meeting at,9:40 P. M. Minutes approved as submitted and/or corrected thisZLIday ofZ2Z., A. D. 1973. Attests C� Mayor city $ecretaxy