1973-06-10 CITY COUNCIL REGULAR MEETING MINUTES214
MINUTES OF A ' REGULAR 'MEET=Q ' AVS THEA CTTx CQUNCXL OF THE CITY (' TEARLANDI TEXA, i HELD
ON JUNE 11, 1973, AT 7:45 P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARLAND, TEXAS.
The meeting was called to order with the following present:
Mayor
Councilman
Councilman
Councilman
Councilman
Councilman
City Manager
City Attorney
City Secretary
INVOCATION AND PLEDGE OF ALLEGIANCE:
The invocation was given by Councilman Reid.
Attorney Bobby Williams.
APPROVAL OF MINUTES:
Carlton McComb
Harry Farley
Tom Reid
B. J. Frank
Gene E. Sanders (Entered 7:50 P. M.)
Cecil W. Griffin (Entered 8:05 P. M.)
William E. Wolff
Bobby J. Williams
Dorothy L. Cook
The Pledge of Allegiance was led by City
It was moved by Councilman Reid, seconded by Councilman Frank that the minutes of the
regular meeting held on May 29, 1973 be approved as submitted. Motion passed 3 to 0.
MAYOR'S ACTIVITY REPORT:
Proclamation - James Howard Cassidy, Jr. Week:
Mayor McComb presented a Proclamation to Mrs. Cassidy proclaiming the week of June 10,
1973 to June 16V 1973 as James Howard Cassidy, Jr. Week in Pearland. James Cassidy
was a police officer for the City of Pearland and died as a result of an accident while
serving as a private police escort on May 16,1973.
Mrs. Mushrush from the Pearland State Bank presented Mrs. Cassidy with a check of $1668.47
representing funds collected by donations from the people of Pearland. Chief Singleton
expressed appreciation and thanks, on behalf of Mrs. Cassidy, to the people for their help
during this time.
B. M. Jamison, et ux vs City of Pearland & Lee R. Plyler et ux vs City of Pearland:
Mayor McComb announced that the Attorneys for the City have received notices from the
Clerk's Office - Supreme Court of Texas, that the Applications for Writ of Error in the
case of B. M. Jamison et ux vs City of Pearland and Lee R. Plyler vs City of Pearland
were refused. No reversible error.
Correspondence From Mayor of Ipswich, England:
Mayor McComb read a letter from the Mayor of Ipswich, England, thanking him for the courtesy
shown to Councillor A. R. Rampling when he visftddiin Pearland.
Dog Letter:
Councilman Reid asked the Mayor if he received any feed -back from the citizens on the
letter recently sent out regarding dogs at large. Mayor McComb advised that he had
reeeived some comment from citizens; however, he felt that any other action regarding
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the dings should be by'City Council action.
COUNCIL AOTIVITY REPORTS:
Right -of -Way. -Coordinator:
Councilman Sanders reported that plans for right-of-way on Mykawa Road are progressing
r— and should be ready to present to the Council in a°short time,
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DEPARTMENTAL REPORTS: None
CITIZENS: None
DOCKETED PUBLIC HEARINGS: None
UNFINISHED BUSINESS
OPENING OF BIDS - STREET MATERIALS ^ BID NO. 73-9;
Bids opened as follows: 1
Vendor A. 2,000 Tons Limestone B. 2,000 Tons Aggregate C.2 000 Tons A re atel
w g9 9
THD Item 332 THD item 302 'THD 'Item .304
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Uvalde Rock Asphalt $3.20 1.98 2.70
(Fr&ight Rates $3.05 per ton additional) TOTAL $ 34,060.00
White's Mines $6.30. 5..06 5.80
(Freight.Rates included in above) TOTAL $ j
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AWARD OF BID$ - Bid No. 73-,9:
City Manager Wolff recommended to the City Council that the bid be awarded to the Uvalde
Rock Asphalt Company as the lowest and best bid.
It was moved by Councilman Frank, seconded by Councilman Griffin that Uvalde Rock Asphalt
Company be awarded Bid No. 73-9 as the lowest and best bidder. Total price of
Bid $ 34,060.00 ($15,760.00 materials - $18,300.00 freight). Motion passed 5 to 0,
FINAL ACCEPTANCE OF VIE VILLA SUBDIVISION AND RELEASE OF'BUILDING'PERMITSs
Consideration of final acceptance by the City of Vie Villa Subdivision was brought before
the City Council. All items under the compliance list were checked, however, one
exception was made in the Engineer's letter of May 31, 1973. The Engineer pointed out
that the drainage ditch at the north boundary of the subdivision, which accepts all of
the storm drainage from Roland Rue, has a small concrete dam downstream which traps
water in the ditch to an elevation of 41.00'. The engineer recommended that the dam
be removed to prevent water being backed above inlet gratings.
City Manager Wolff advised the City Council that at this particular time he did not feel
that this dam was in any way detrimental and was completely curative. If at a later
time it presents a problem, the only thing that would need to be done would be the elevation
of this barrier lowered and the water would go out. Mr. Wolff aecommended that the City
favorably consider Mr. Schexnayder's subdivision and leave the dam in place.
Councilman Sanders asked Mr. Schexnayder if he would be receptive to an agreement with
the City that in the event the dam causes trouble in the subdivision that it would be
lowered. Mr. Schexnayder answered in the affirmative.
It was moved by Councilman Farley, seconded by Councilman Reid that Vie Villa Subdivision
be finally accepted and building permits be released. Also, that the Restrictive
Covenants be changed from 1800 square feet to 1450 square feet heated area on dwellings
as recommended by the Planning & Zoning Commission. Also, that if the dam mentioned
in the Lockwood, Andrews & Newnam, Inc. letter of May 31, 1973 presents any problem
in the drainage of the subdivision, then this problem would be eliminated by the
Developer, Frank Schexnayder. Motion passed 5 to 0.
Mr. Schexnayder advised that he would put up the money for the 1,000 feet of blacktopping
of Yost Road. Mayor McComb advised Mr. Schexnayder that there are other streets with
cash money waiting,atherefore, the City could not give a definite time when the work
on this 1,000 feet would be started. Mr. Schexnayder then advised that as soon as the
City was ready to start on this project he would put up the money.
LETTERS TO CITIZENS ON FUTURE CAPITAL IMPROVEMENTS:
Councilman Griffin submitted a draft of a letter outlining his ideas on a proposed letter
to citizens of the City. He proposed that a workshop meeting be held by the City Council
to get other ideas on this letter.
It was moved by Councilman Sanders, seconded by Councilman Frank that a sum not to
exceed $400.00 chargeable against the Council Contingency Fund be set aside for the
distribution of information and request to the electorate regarding possible major
improvements within the City of Pearland. Motion passed 5 to 0.
PRIORITY UNDER THE PARTICIPATION PAVING PROGRAM TO WEST CIRCLE DRIVE DUE TO HEAVY TRAFFIC:
It was moved by Councilman Reid, seconded by Councilman Sanders that the following motion
approved and passed on April 9, 1973 be rescinded: "It was moved by Councilman Sanders,
seconded by Councilman Reid that when Ordinance No. 250 is passed on second and final
reading that it 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."
Motion passed 5 to 0.
It was moved by Councilman Sanders, seconded by Councilman Reid to delete the portion
of the motion adopting Ordinance No. 250 as recorded on Page 198, Volume 6 of'the Minutes
that. begins "Also, that this 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." Motion passed 5 to 0.
It was moved by Councilman Reid, seconded by Councilman Sanders that the City Manager
assign priority action to the paving of West Circle Drive prior to the start of the
school term because of the safety hazard to school children. Motion passed 5 to 0.
Councilman Sanders stated that he would like to see Shadybend Drive from West Circle
Drive to the entrance of the school be improved also. Mayor McComb requested the City
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Manager to contact Mr. Turner and see if something could be worked out to improve this
portion of Shadybend Drive.
Meeting recessed at 8:45 P. M.
Meeting reconvened at 8:50 P. M.
OILING OF VARIOUS STREETS:
`Mayor McComb stated that in the past two meetingswith the discussions between the Council
.Wand some of the citizens attending regarding expenditures on streets,that he and Mr.
Wolff have drawn up a composite accounting of funds allocated under Revenue Sharing,
We have received information from the Revenue -Sharing, Office that we can change
the internal part of the Budget as long as it stays in the same item, therefore, they
recommend that the allocation of $11,000.00 for materials on McLean Road from Walnut
to the city limits be changed to Walnut Street to the last house in the city limits
on McLean Road. This new cost would be $6,400.00 which"would give us $4,600.00 to
work with in other street areas. Proposed alternate projects would be road oil
on Yost, Dixie Farm, McLean and base material on W. Plum. in the 1972 Revenue Sharing
we have the money already allocated for material for Dixie Farm Road and in the 1973
Revenue Sharing we have money for McLean Road.
It was moved by Councilman Farley, seconded by Councilman Griffin that the Revenue
Sharing Budget designatdd McLean Road, be more specifically designated as McLean - from
Walnut Street (South right -of --way line) dl$proximately 6400 feet Southerly on McLean Road
$6,400.00; Road oil on Yost Road $ 630.00; Road oil on Dixie Farm Road N. E. $606,00;
Road dil on McLean (6400 feet doutherly from QIM9 ; Base material on West Plum $2,410.00,
for a total of $11,000.00. Also, that this be in addition to any previously authorized
or scheduled projects. Motion passed 5 to 0.
A discussion was held between the residents of McGinnis Subdivision and the City Council
regarding road repairs to Dixie Farm Road and streets within their subdivision, It was
pointed out that repairs had been allocated in the 1972 Revenue Sharing Funds for
Dixie Farm Road and road oil allocated in the 19733Revenue Sharing Funds as outlined in
the above motion.
FIRE DEPARTMENT AGREEMENT:
A discussion was held regarding the Fire Department Agreement approved by the Council
on March 26, 1973. City Attorney Williams advised that some wording in Item 6 of the agree-
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gree-ment- was not clear to the Fire Department and that he had prepared a revised agreement
to clarify this item.
It was moved by Councilman Sanders, seconded by Councilman Griffin that the agreement betweenn
the City of Pearland and the Pearland Volunteer Fire Department as submitted to -the Council
on this date be approved and the Mayor be authorized to execute this agreement on behalf
of the City. Motion passed 4 to 0. Councilman Farley abstained.
NEW BUSINESS:
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TRAFFIC ENGINEER'S REPORTS:
The City Attorney read Traffic Engineer's Reports Nos. 11, 12, and 13.
It was moved by Councilman Sanders, seconded by Councilman Rei�hat the City Council
approve Traffic Reports Nos. 11, 12, and 13 and that the said traffic control devices
be officially declared traffic control devices in and for the City of Pearland. Also,
that these reports be spread upon the minutes of this meeting. Motion passed
5 to 0.
Report No. 11 -
One Stop Sign - located on the Northwest corner of Grand Blvd. and East Walnut Street
facing north so that the traffic traveling south on Grand Blvd. must Stop before entering
into Walnut Street.
Report No. 12 -
One Stop Sign - located on the northwest corner of Westminister and Windsor Drive: Facing
west so that the traffic on Windsor Drive must stop before entering Westminister Drive.
Report No. 13 -
One Stop Sign - located on the "southwest corner of Old Alvin Road and Orange Street facing
south so that the traffic travel ing north on Old Alvin Road must stop before entering
into Orange Street.
FIRST READING - ORDINANCE NO. 254 - AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS
ON DIXIE FARM ROAD FROM EAST BROADWAY TO WILLITS DRIVE:
Proposed Ordinance No. 254 read in full by Councilman Griffin.
It was moved by Councilman Griffin, seconded by Councilman Reid that Ordinance No. 254
be passed and approved on first reading. Said Ordinance No. 254 reads in caption as
follows:
ORDINANCE NO. 254
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 Farley, Councilman Sanders, Councilman Griffin, Councilman
Reid, and Councilman Frank.
Voting "no" - None
Motion passed 5 to 0.
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FIRST READING OF ORDINANCE NO. , AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF
ORDINANCES FOR THE CITY OF PEARLAND, TEXAS:
It was moved by Councilman Frank, seconded by Councilman Sanders that the Council call
a workshop meeting on the proposed code before it is adopted by the City. Motion passed
5 to 0.
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OTHER BUSINESS: None
ADJOURN:
There being no other business to be brought before the Council, the Mayor adjourned the
meeting at 9:30 P. M.
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Minutes approved -as submitted and/or corrected this��day of
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A. D. 1973.
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Mayor
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Attest:
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City Secretary
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