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1973-12-17 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD , ON DECEMBER 17, 1973, AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Carlton McComb Councilman Cecil W. Griffin (Entered 7:45 P. M.) Councilman Harry Farley 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 Benny J. Frank INVOCATION & PLEDGE OF ALLEGIANCE: The invocation was given by Rev. Art Jones, Council Chaplain. The Pledge of Allegiance was led by City Secretary Dorothy Cook. APPROVAL OF MINUTES: It was moved by Councilman Reid, seconded by Councilman Sanders that the minutes of the regular meeting held on December 10, 1973, be approved as submitted. Motion passed 3 to 0. MAYORS ACTIVITY REPORT: Flood Insurance - Mayor McComb announced -that the Department of Housing & Urban Development has approved the sale of Flood Insurance in the City of Pearland effective December 19, 1973. Copies of Press Release have been furnished the local newspapers. Clear Creek Flood Project,- Mayor McComb announced that he received a letter from the Corps of Engineers in Galveston regarding a Public Meeting to be held on January 12, 1974 at 9:30 A. M. in the League City Civic'Center. This Public Meeting will cover the following subjects: (1) Authorized project for flood control of Clear Creek and its major tributaries; (2) Study of Hurricane protection project for the Kemah-Seabrook area. Mayor McComb advised that Councilman Farley agreed to attend this Public Meeting on behalf of the City. If it is decided that the City is to make a formal presentation, the Mayor advised he would call a special meeting to review the proposed presentation. COUNCIL ACTIVITY REPORTS: Councilman Reid reported that the Depot was moved from the railroad right-of-way east of the tracts to City property on west side of railroad tracts. This was accomplished through the efforts of the Pearland Garden Club. Councilman Griffin stated that hb.:`�gtIsh�uld be reviewed on a quarterly basis due to increasing fuel costs, shortages of materials and increased costs, and slow down of the economy in general. Mayor McComb concurred with this recommendation and advised that a date sometime'in the middle of February will be set for this _review. It was moved by Councilman Sanders, seconded by Councilman Griffin that the absence of 298 Councilman Frank from the meeting be shown as "excused absence" since he was n.otrpresent due to illness in the family. DEPARTMENTAL REPORTS: None CITIZENS: None DOCKETED PUBLIC HEARING: None Motion passed 4 to 0. PARTICIPATION PAVING PROJECTS COMPLETED: It was moved by Councilman Sanders, seconded by Councilman Farley that the Mayor and City Manager work with the City Secretary to set a date for Public Hearings on the streets now completed under the Participation Paving Project. Motion passed 4 to 0. UNFINISHED BUSINESS: CONTRACT WITH PEIRSOL CONSTRUCTION COMPANY FOR ADDITION TO POLICE STATION: A discussion was held regarding the contract being prepared by the City Attorney covering the addition to the police building. The bid was awarded to the Peirsol Construction Company at the last regular meeting. It was moved by Councilman Griffin, seconded by Councilman Reid that the Mayor be authorized to execute the contract for the addition to the police building with the Peirsol Construction Company. Cost of construction as awarded by Bid No. B73�16, $14,429.00. Motion passed 4 to 0. FIRST READING - ORDINANCE NO. 267 - PARTICIPATION PAVING OF LETHBRIDGE, A PORTION OF MEADOWVILLE, AND A PORTION OF CUNNINGHAM DRIVE. Proposed Ordinance No. 267 read in full by Councilman Griffin. It was moved by Councilman Griffin, seconded by Councilman Reid that Ordinance No. 267 be passed and approved on first reading as corrected. Said Ordinance No. 267 reads in caption as follows: ORDINANCE N0. 267 AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE PAVING AND IMPROVEMENT OF PORTION OF CUNNINGHAM DRIVE, A PORTION OF MEADOWVILLE DRIVE, AND LETHBRIDGE DRIVE, 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, VERNONIS 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 Farley, Councilman Sanders, Councilman Griffin, and Councilman Reid. Voting "no" - None Motion passed 4 to 0. 2 9 5 It was moved by Councilman Frank, seconded by Counci-iman Reid that Peirsol Construction Company be awarded B73-16 in the amount of $14,429.00 as the lowest bidder. Motion passed 5 to 0. AUDIT FOR FISCAL YEAR ENDING SEPTEMBER 30, 1973; Mr. Earl Lairson of Earl Lairson & Company presented the :4bA ,t of"the`,Cityts financial condition for the fiscal year ending September 30, 1973. It was moved by Councilman Griffin, seconded by Councilman Sanders that the Audit for the period beginning October 1, 1972 and ending September 30, 1973 be accepted into the records of the City. Motion passed 5 to 0. DECISION OF CITY COUNC NO. 5 - R P FOR AMENDMENT TO LAND USE ORDINANCE BY TON'ALEXANDER - DESCRIPTION OF LAND - LOTS 1 THROUGH 10, BLOCK 4, LOTS 1 THROUGH 21,_ BLOCK 7, AND 1.94 .ACRES OF RAILROAD FRONTAGE AND TRACK SIDING IN BLOCK 3, PEARLAND, BRAZORIA COUNTY, TEXAS - REOUESTED CHANGE an TO M-2: It was moved by Councilman Sanders, seconded by Councilman Farley that the request for amendment to the Land Use Ordinance, Application No. 5, be denied. Motion passed 5 to 0. DECISION OF CITY COUNCIL ON APPLICATION NO. 6 - REQUEST FOR AMENDMENT TO LAND USE ORDINANCE BY TOM_ ALEXANDER - DESCRIPTION OF LAND - LOTS 1 THROUGH10, BLOCK 14, AND ADJACENT 50 FT. RAILROAD STRIP TO LOTS 1 THROUGH 10, BLOCK 14, PEARLAND, BRAZORIA COUNTY, TEXAS. REQUESTED CHANGE FROM OP TO M-2: It was moved by Councilman Farley, seconded by Councilman Griffin that the request for amendment to the Land Use Ordinance, Application No. 5, -be denied. Motion passed 5 to 0. NEW BUSINESS: FIRST AND FINAL READING OF RESOLUTION NO. 73-19, A RESOLUTION BY THE CITY COUNCIL ON CONSTITUTIONAL DEDICATION OF HIGHWAY FUNDS: Mayor McComb read Resolution No. 73-19 in full. ir, It was moved by Councilman Sanders, seconded by Councilman Reid that Resolution No. 73-19 be passed and approved on first and final reading. Said Resolution No. 73-19 reads in caption as follows: RESOLUTION NO. 73-19 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ON CONSTITUTIONAL DEDICATION OF HIGHWAY FUNDS. Voting"aye" - Councilman Frank, Councilman Reid, Councilman Griffin, Councilman Sanders, and Councilman Farley. Voting "no" - None Motion passed 5 to 0. APPROVAL OF TRAFFIC CONTROL DEVICES AS LISTED ON FORM NO. 18: Wthty Attorney pgbya �Tilliam r?a the recom�en&ion V., t,�p • No £ 18 Engineer regarding e erec ion o r ffic contro evices as as a on It was moved by Councilman Sanders, seconded by Councilman Griffin that the devices listed Traffic Engineer"s Report No. 18 be affirmed and ratified as official traffic devices in and for the City of Pearland, and that the same be spread upon the official minutes of the Council. Motion passed 5 to 0. TRAFFIC CONTROL DEVICES APPROVED AND RATIFIED ON DECEMBER 10, 1973,REPORT NO, 18: 1. Stop sign facing northeast on North Street for the traffic to stop before entering onto Francis Drive. 2. Stop sign facing southwest on North Street for the traffic to stop before entering onto Francis Drive. BRAZORIA COUNTY SOLID WASTE DISPOSAL STUDY: Councilman Griffin reported that the Committee approved the hiring of Bernard Johnson as Engineers on this project. All cities in Brazoria County,with the exception of two or three small ones, have agreed to participate in this project. It was moved by Councilman Griffin, seconded by Councilman Reid that we authorize the City Manager to write the necessary check to the County Treasurer in the amount of $1,008.00 as our part of the participation in this project. This expenditure to be allocated from Revenue Sharing Funds. Motion passed 5 to 0. APPROVAL OF INVOICE FROM DRAINAGE DISTRICT FOR DRAINAGE PIPE (60") PLACED UNDER MYKAWA ROAD AT ORANGE STREET: It was moved by Councilman Farley, seconded by Councilman Frank that the Brazoria County Drainage District No. 4 be reimbursed the sum of $4,431.88 for the 60" drainage pipe used at the Mykawa Road crossing at Orange Street as sanctioned under the State of Texas Intergovernmental Cooperation Act and that these funds be charged against the Street & Bridge Department budget. Motion passed 5 to 0. OTHER BUSINESS: Mr. Guy Crouch, attorney for Tom Alexander, advised the City Council that his client planned to appeal the decisions,made on Applications 5 and 6 to next --administrative Board of City. ADJOURN: Meeting adjourned at 9:47 P. M. MINUTES APPROVED AS SUBMITTED AND/OR CORRECTED THIS DAY OFt� A. D. 1973. Mayor ATTEST: City Secretary