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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 215 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, i 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 I 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 I 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 217 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- ment - 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: Is 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. ,7 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. 2119 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. i Minutes approved -as submitted and/or corrected this��day of I I A. D. 1973. I � l I I Mayor I Attest: i v City Secretary 1