1973-11-26 CITY COUNCIL REGULAR MEETING MINUTES287
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD
ON NOVEMBER 26, 1973, AT 7:35 P. M. IN THE CITY'HALL ; 2335 N.'TEXAS-AVENUE; PEARLAND,
TEXAS.
The meeting was called to order with the following present:
Mayor
Councilman &
Mayor Pro Tem
Carlton McComb (Presided from 7:35 P. M. until
7:55 P. M.)
Cecil W. Griffin :(Presided as Mayor Pro Tem
from 7:55 P. M. until 10:00 P.M.)
Councilman Gene E. Sanders
Councilman Tom Reid
Councilman Benny J. Frank
.City Manager. William E. Wolff
City Attorney Bobby .J. Williams
City Secretary Dorothy L. Cook
Absent from meeting: Councilman Harry Farley
Absent from 7:55 until 10:00 P. M. - Mayor Carlton McComb
INVOCATION & PLEDGE_ OF -ALLEGIANCE:
The invocation was given by Rev. Art Jones, Council Chaplain.
Allegiance was led by Councilman Frank.
APPROVAL OF MINUTES:
The Pledge of
It was moved by Councilman Reid, seconded by Councilman Sanders that the minutes of
the regular meeting held on November 12, 1973, be approved as corrected. Motion
passed 4 to 0.
It was moved by -Councilman Sanders, seconded by Councilman Reid that the minutes of
the Public Hearing held on November 13, 1973, be approved as submitted. Motion
passed 4 to 0.
MAYOR'S ACTIVITY REPORT:
Proclamation - -Mayor McComb issued a Proclamation for Dads Club Week - December 2, 1973
through December 8, 1973.
It was moved by.Councilman Sanders, seconded by Councilman Frank that the City Council
heartily endorse this Proclamation. Motion passed 4 to 0.
COUNCIL ACTIVITY REPORTS:
Councilman Frank reported that he met with the Park Board and they are interested in
a park system in the City of Pearland. Cost figures will be submitted to the Council
in the near future for possible purchase of land for a park site in the City.
Councilman Griffin reported that Earl Lairson & Company will present the final audit
of the City for the fiscal year ending September 30, 1973, at the next regular meeting..
Councilman Griffin reported that the Brazoria County Solid Waste Disposal Committee
will meet on November 27, 1973, and hopefully funding of the Brazoria County Solid
Waste Disposal Study will be consummated and we can move forward with this program.
DEPARTMENTAL REPORTS: - None
DOCKETED PUBLIC HEARINGS: - None -
UNFINISHED BUSINESS:
Mayor McComb absent from the Chair at 7:55 P. M. due to illness. Mayor Pro Tem Griffin
presiding.
SECOND AND FINAL READING - ORDINANCE NO. 265 - ORDINANCE OF NECESSITY FOR PAVING
AND IMPROVMENTS ON EAST CIRCLE DRIVE:
Ordinance No. 265 read in full by Mayor Pro Tem Griffin.
It was moved by Councilman Reid, seconded by Councilman Frank that Ordinance No. 265 be
passed and approved on second and final reading. Said Ordinance No. 265 reads in
caption as follows:
ORDINANCE NO. 265
AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING
THE PAVING AND IMPROVEMENT OF PORTIONS OF EAST CIRCLE
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 THE 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 Reid, Councilman Griffin, and Councilman
Sanders.
Voting "no" - None
Motion passed 4 to 0.
City Manager Wolff to furnish Council with present costs of materials for street improvemen
SECOND AND FINAL READING - ORDINANCE NO. 266 - ORDINANCE ESTABLISHING CERTAIN PERSONNEL
POLICIES AND PROCEDURES FOR EMPLOYEES OF THE CITY OF PEARLAND, TEXAS:
Or dinance No. 266 read in full by City Attorney Williams, Councilman Sanders, Mayor
Pro Tem Griffin, Councilman Reid, Councilman Frank, and City Manager Wolff.
It was moved by Councilman Reid, seconded by Councilman Frank that ordinance No.
266 be passed and approved on second and final reading.
A discussion was held by the City Council regarding various sections of this Ordinance.
Mayor Pro Tem Griffin recessed the meeting at 8:45 P. M. - Reconvened at 9:00 P. M.
It was moved by Councilman Reid, seconded by Councilman Frank that the following
amendment be made to Ordinance No. 266:
CHAPTER 2 - DEFINITIONS - Add the following
"Dismissal" - shall mean the termination of employment with the City
for cause°.
GSO
CHAPTER 2 DEFINITIONS - Add the following
"Suspension's - means the temporary relief of duties with the City,
based on cause, for any length of time not to exceed 30 days (30)
in any one calander year.
CHAPTER 5 - WAGE & SALARY ADMINISTRATION - Amend paragraph one and
two to. read as followsrunder Section 5.8 - EMPLOYEE INCENTIVE PAY:
"All regular employees, in addition to their base salary, shall be
paid on the first pay period in December of each year Employee,
Incentive Pay computed at $3.50 per month of actual continual
service with the City.
This provision shall not apply to employees who have not completed
one months service with the City before December 1st of the year
the Employee -incentive Pay is to be paid".
CHAPTER 6 - ATTENDANCE AND LEAVE - Under 6.6A SICK LEAVE -
Paragraph 9, Line 4 amended to read " and other similar absences
will be charged as sick.leave."
CHAPTER 7 - EMPLOYEE CONDUCT, JOB RESPONSIBILITY & GRIEVANCE
Section 7.3 SUSPENSIONS:- add the following:
"A copy of every notice of suspension shall be immediately entered
into the employees records."
CHAPTER 7 EMPLOYEE CONDUCT, JOB RESPONSIBILITY & GRIEVANCE --
Section 7.5 DISMISSAL - delete the "or suspension" on line -1-8.
Motion passed 4 to 0.
The original motion, as amended, broughtbefore the Council for consideration.
It was moved by Councilman Reid, seconded by Councilman Frank that Ordinance No. 266
be passed and approved on second and final reading as amended. Said Ordinance No. 266
reads in caption as follows:
ORDINANCE NO. 266
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS
ESTABLISHING CERTAIN PERSONNEL POLICIES AND
PROCEDURES FOR EMPLOYEES OF THE CITY OF PEARLAND;
DEFINING BASIC OBJECTIVES; CONTAINING CERTAIN
DEFINITIONS; PROVIDING PROCEDURES FOR APPOINTMENT
AND SEPARATION; PROVIDING FOR A PROBATION PERIOD;
ESTABLISHING A WAGE AND SALARY ADMINISTRATION;
PROVIDING STANDARDS OF WORK ATTENDANCE AND LEAVE;
ESTABLISHING A DISCIPLINE, COMPLAINT AND APPEAL
PROCEDURE CONSISTENT WITH THE CHARTER OF THE CITY
OF PEARLAND; PROVIDNG FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE;
AND, CONTAINING A SEVERABILITY CLAUSE.
Voting "aye" - Councilman Sanders, Councilman Griffin, Councilman Reid, and Councilman
Frank.
Voting "no" - None
Motion passed 4 to 0.
NEW BUSINESS:
FTRG'1' AND FINAL READING OF RESOLUTION NO. 73-16, A RESOLUTION APPROVING CLAIMS FOR
42 90
Resolution No. 73-16 read in full by Mayor Pro Tem Griffin.
It was moved by Councilman Sanders, seconded by Councilman Reid that Resolution No. 73-16
be passed and approved on first and final reading. Said Resolution No. 73-16 reads
in caption as follows:
RESOLUTION NO. 73-16
A RESOLUTION APPROVING CLAIMS. FOR CONSTRUCTING PERMANENT
PUBLIC IMPROVEMENTS FOR THE CITY OF PEARLAND, TEXAS, TO -
WIT: THE CONSTRUCTING OF PERMANENT STREET IMPROVEMENTS
WITHIN CERTAIN AREAS OF THE CITY IN WHICH PROPERTY OWkERS
ON ANY STREET HAVE AGREED TO PARTICIPATE WITH THE CITY IN
THE COST OF SAID IMPROVEMENTS AS EXPRESSED IN THE CITY OF
PEARLAND'S STREET PARTICIPATION POLICY RESOLUTION NO.
7126 AND AMENDED UNDER RESOLUTION NO. 73-5; APPROVING
CLAIMS FOR MATERIALS IN CONNECTION THEREWITH; AUTHORIZING
THE DELIVERY OF TIME WARRANTS FOR THE PAYMENT OF SUCH
CLAIMS; CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT;
AND PROVIDING THAT THIS RESOLUTION SHALL BE EFFECTIVE UPON
AND AFTER ITS ADOPTION.
Voting "aye" Councilman Sanders, Councilman Griffin, Councilman Reid, and Councilman
Frank.
Voting "no" - None
Motion passed 4 to 0.
FIRST AND FINAL READING OF RESOLUTION N0, 73-17, A RESOLUTION TO MEET THE REQUIREMENTS
OF THE NATIONAL FLOOD INSURANCE PROGRAM.
Resolution No. 73-17 read in full by Councilman Sanders.
It was moved by Councilman Reid, seconded by Councilman Frank that Resolution NO. 73-17
be passed and approved on first and final reading. Said Resolution No. 73-17 reads
in caption as follows:
RESOLUTION NO. 73-17
A RESOLUTION TO MEET THE REQUIREMENTS OF THE NATIONAL
FLOOD INSURANCE PROGRAM WHEREIN NEW CONSTRUCTION, PUBLIC
UTILITIES PROVIDED THEREON AND SUBSTANTIAL IMPROVEMENTS
IN A FLOOD HAZARD AREA MUST MINIMIZE OR ELIMINATE FLOOD
DAMAGE.
Voting "aye" Councilman Frank, Councilman Reid, Councilman Griffin, and Councilman
Sanders.
Voting "no" None
Motion passed 4 to 0.
FIRST AND FINAL READING OF RESOLUTION NO. 73-18, A RESOLUTION TO MEET THE REQUIREMENTS
OF THE NATIONAL FLOOD INSURANCE PROGRAM WHEREIN ADEQUATE LAND USE AND CONTROL MEASURES
ARE PRESCRIBED FOR AREAS HAVING FLOOD HAZARDS.
Resolution No. 73-18 read in full by Mayor Pro Tem Griffin.
It was moved by Councilman Frank, seconded by Councilman Reid that Resolution No. 73-18
be passed and approved on first and final reading.
A discussion was held regarding the part of the resolution with reference to
2 1)1
the Building Official maintaining for public inspection a record of elevations (in
relation to mean sea level). It was decided that the Subdivision Ordinance, as
being revised by the Planning & Zoning Commission, should include a requirement that
a bench mark be established in each subdivision.by the developer.
It was moved by Councilman Sanders, seconded by Councilman Reid that Resolution No.
-�� 73.18 be amended by changing the last paragraph to read: "BE IT FURTHER RESOLVED,
that this PEARLAND CITY COUNCIL hereby appoints the CITY MANAGER with the overall
responsibility, authority and means to implement all commitments made herein by the
City Council."
Motion passed 4 to 0.
The original motion,as amended, brought before the Council for action.
It was moved by Councilman F rank, seconded by Councilman Reid that Resolution No. 73-18,
'ss amended, be passed and approved on first and final reading. Said Resolution No.
7318 reads in caption as follows:
RESOLUTION NO. 73-18
A RESOLUTION TO MEET THE REQUIREMENTS OF_THE NATIONAL
FLOOD INSURANCE PROGRAM WHEREIN ADEQUATE LAND USE AND
CONTROL MEASURES ARE PRESCRIBED FOR AREAS HAVING FLOOD
HAZARDS, AND RESPONSIBILITY, AUTHORITY AND MEANS OF
ENFOR.SEMENT ARE VESTED IN THE BUILDING OFFICIAL AND
CITY MANAGER.
Voting "aye" - Councilman Sanders, Councilman Griffin, Councilman Reid, and Councilman
Frank.
Voting "no" - None
Motion passed 4 to 0.
APPROVAL OF TRAFFIC CONTROL DEVICES AS LISTED ON FORM NO. 17 - STOP SIGNS SHADYCREST
DRIVE AND.SHADYBEND DRIVE:
It was moved by Councilman Sanders, seconded by Councilman Reid that the following
traffic devices, as submitted by M. L. Singleton, Traffic Engineer, be passed,
approved and ratified by the City Council:
NO. 17
(1) STOP SIGN located on the southeast corner of Shadcrest Drive and
Shadybend Drive, facing south to require the traffic on 'Shadycrest.-
Drive
hadycrest -Drive to stop before entering onto Shadybend Drive.
(2) STOP SIGN located on the northwest corner of Shadycrest Drive and
Shadybend Drive, facing north to require the traffic on Shadycrest Drive
to stop before entering onto Shadybend Drive.
Motion passed 4 to 0.
SUBDIVISION PLAT SUBMITTED BY DETENBECK & BARNHART LOCATED IN EXTRATERRITORIAL
CURISDICTION OF CITY:
The Plat submitted by Detenbeck & Barnhart, approved by the Planning & Zoning Commission
A
2192
I
on November 20, 1973 was brought before the City Council for consideration. This
subdivision is located in the extra territorial jurisdiction of the City and contains
4.512 acres - Abstract 240 in Brazoria County. City Attorney Williams advised the
City Council that this was a Class C Subdivision for commercial development only.
3 It was moved by Councilman Reid, seconded by Councilman Frank that the subdivision,
,ni1 plat submitted by Detenbeck & Barnhart on property located in the extra territ-1-a-1 L
jurisdiction of the City be approved by the City Council. Motion passed 4 to 0.
CHANGE OF MEETING DATE IN DECEMBER DUE TO CHRISTMAS HOLIDAY:
It was moved by Councilman Sanders, seconded by Councilman Reid that the second
meeting of the City Council regularly scheduled for December 24, 1973, be changed
to December 17, 1973, to avoid conflict with the Christmas holiday.
Motion passed 4 to 0.
COUNCIL ACTIVITY REPORT:(Continued)
Councilman Frank reported that a barricade has been placed on Walnut at East Broadway
where there is an erosion_ of the street.
OTHER BUSINESS: None
ADJOURN: Meeting adjourned 10:00 P. M.
Mintues approved as submitted and/or corrected this /_ day of
A. D. 1973.
Inv �' ��✓
Mayor
Attest:
City Secretary