1969-02-13 CITY COUNCIL REGULAR MEETING MINUTES146
MINUTES -OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND.
TEXAS, HELD IN THE CITY HALL ANNEX ON FEBRUARY 13, 1969, at 7:38 P. M.
A regular meeting of the City Council of the City of Pearland was called
to order by Mayor Keller with the following present:
Absent:
INVOCATION:
Mayor
Councilman
Councilman
Councilman
Councilman
City Administrator
City Secretary
Councilman
D. R. Keller
Gene E. Sanders
E. A. Wasek
B. J. Courtright
Aubrey G. Ellis (7:57 P. M.)
Buford D. Waldrop
Dorothy L. Cook
Dale Watson
The invocation was given by Rev. D. O. Foster, Pastor of the First
Baptist Church, Pearland, Texas.
APPROVAL OF MINUTES:
It was moved by Councilman Courtright, seconded by Councilman Sanders
that the minutes of the regular meeting held on January 23, 1969, be
approved. Motion passed 3 to 0.
It was moved by Councilman Sanders, seconded by Councilman Courtright
that the minutes of meeting held on January 28, 1969, be approved
with the correction "special meeting" instead of executive session
shown on these minutes. Motion passed 3 to 0.
EXPENSES:
It was moved by Councilman Sanders, seconded by Councilman Wasek that
the following checks be approved for payment with the exception of Check
No. 1 - Building Construction Fund which is to be held temporarily.
General Fund Payroll # 2330 thru # 2351
Water & Sewer Payroll # 2352 thru #2357
Sewer Construction Fund # 1TO thru #111
Water Construction Fund # 195 thru # 196
General Fund # 357 thru # 402
Water & Sewer Fund # 3894. thru #3895
Sanitation Fund # 103
Motion passed 3 to 0.
Councilman Ellis entered 7:57 P. M.
Mayor Keller asked if the Council had any objections to moving Item No. 1
on the Agenda to this time. No objections were heard and the order of
business was changed on Item 1 only.
FIRE TRUCK BIDS: 69-2
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VENDOR BID SECURITY BASE BID ALT. BID DEL DATE
American LaFrance Certified Check deduct
(Bid No. 1) $1,500.00 $ 18,890.00 $351.00 a80 days
(Bid No. 2) 17,327.00 351.00 180 days
Ward LaFrance Certified Check
$1,000.00 20,295.00 319.00 210 days
Pump equipment less chassis 16,018.00
Industrial Fire
Equipment Company 866.00 17,320.00 $17,000.00 225 days
Central Fire Truck Bid Bond 5%
Corporation G. A. B. 17,219.56 16,900.36 on or before
9/29/69
Mel Pittman $ 1,100.00 17,999.00 deduct
$319.00 210 days
(Delivery overland add $750.00 for rail
freight F. 0. B. Pearland, Texas)
It was moved by Councilman Sanders, seconded by Councilman Courtright
that these bids be received by the City Council and referred to the
City Administrator, Fire Chief and the three Fire Department Trustees
for review and tabulation, and further, that if one of the companies
supplying a bid bond is successful that the bid bond be certified by
our bond attorney, Mr. Mays. Bid Tabulation and recommendation to be
returned to the Council for awarding of bid at next regular Council
meeting. Motion passed 4 to 0.
MAYORISACTIVITY REPORT:
City of Pearland v. James C. Young
Mayor Keller announced that the above styled case would go to trail
Monday, February 17, 1969.
WPC TEx 552 - Twin Creek/Clear Creek Estates Sewer:
r-- Mayor Keller read a letter dated February 6, 1969, from Mr. Robert
G. Fleming, Texas Water Quality Board informing the City that funds
were available for the federal grant on the above project. He requested
confirmation of the time schedule required by February 21, 1969.
It was moved by Councilman Courtright, seconded by Councilman Sanders
that the City notify Mr. Fleming of the Texas Water Quality Board of
our acceptance. Motion passed 4 to 0.
COMMITTEE REPORTS:
159
Street Light Committee:
A letter was acknowledged from the McGinnis Civic Club regarding street
lights. City Administrator advised that he had discussed the free street
lights referred to in the letter from the Civic Club with Mr. John
Billings of the Houston Lighting & Power Company and Mr. Billings
advised that the light Company has never placed free street lights
in any City.
Councilman Ellis stated that he would like to see where the Civic Club
wants the lights,-Ialaced in McGinnis Subdivision, and if the Civic Club
is willing to pay the $18.00 for each light for the first year's
operation, he would not object to making a recommendation to the
Council.
Sanitation Committee:
Councilman Sanders reported that we have received written proposals from
three firms and requested the Mayor to call a special meeting for 7:30 P
M., February 20, 1969, to work out something on the garbage situation,
City Administrator to work with the Griffin Brothers for an impartial
appraiser to see what the cost of the garbage truck would be as offered
in a letter from Griffin Brothers dated January 17, 1969. City Administrator
to contact other cities regarding availability of dump facilities.
Councilman Courtright requested that St Regis be contacted regarding
their proposition # 9.
Mayor Keller called special meeting 2/20/69 - 7:30 P. M. to discuss
garbage situation.
All firms or persons who have made a proposition to the City of Pearland
on garbage pick-up service to be contacted so they might appear at
this meeting.
Councilman Ellis to furnish figures on the cost for the City to operate
its own facilities.
OLD BUSINESS:
Revised Electrical Ordinance:
It was moved by Councilman Courtright, seconded by Councilman Ellis
that the revised electrical ordinance be placed on the next regular
agenda for third and final reading. Motion passed 2 to 1. Councilman
Wasek opposed. Councilman Sanders abstained.
Mayor Keller called for a recess at 8:25 P. M. - Reconvened at 8:33
P. M.
McGinnis Subdivision -(Water Service)
It was moved by Councilman Sanders, seconded by Councilman Wasek that
the water be installed in McGinnis Subdivision in accordance with the
previously passed motion on 1-23-69 and funded from the excess in the
water bond fund as outlined in the City Administrator's report dated
February 13, 1969. Motion passed 3 to 1. Councilman Courtright
opposed.
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Councilman Courtright stated for the record that he was ;opposed to
this motion due to the fact that he felt no bond funds should be used
outside of the red area shown on the bond brochure until all water
and sewer programs have been satisfied within the red area.
Utility Easements - WPC TEx 455:
It was moved by Councilman Ellis, seconded by Councilman Wasek that
we receive and accept the McGlathery easement and the Mrs. R. J.
Schexnayder easement, subject to the changing of the easements to read
"Utility Easement" instead of "Sewer Easement." Motion passed 3 to
2. Councilman Ellis & Councilman Wasek voting "aye" and Councilman
Courtright and Councilman Sanders voting "no." Mayor Keller voting
to break tie vote Faye."
Change Orders - WPC TEx 455:
It was moved by Councilman Sanders, seconded by Councilman Wasek
that the Engineer be authorized to prepare Change Order for the
above easements as well as one for increasing the size of line from
8" to 10" on Marys Creek East from Longherridge west to Shadycrest
Drive. Motion passed 4 to 0.
Clear Creek Estates Water System:
It was moved by Councilman Ellis, seconded by Councilman Wasek that we
formally accept the settlement of $12,000.00 for purchase of the
in -ground water facilities of Clear Creek Estates Water System from
J. C. Bland. Cause No. 50,659 styled J. C. Bland dba Clear Creek
Estates Water System vs City of Pearland and Tech -Con Corporation.
Motion passed 3 to 1. Councilman Courtright opposed.
General Election Proposition:
It was moved by Councilman Courtright, seconded by Councilman Sanders
that the motion previously table -d on January 23, 1969; - That an
ordinance be drafted placing on the April General Election ballot,
"Should a leash law be adopted?" be brought from the table for
consideration at this time. Motion passed 3 to 1. Councilman
Wasek opposed.
Mayor Keller called for a vote on the original question. Question
being as follows: It was moved by Councilman Courtright, seconded
by Councilman Sanders that an ordinance be drafted placing on the
April General Election ballot the proposition; "Should a leash law
a be adopted,?" be brought from the table for consideration at this time.
Motion passed 3 to 1. Councilman Wasek opposed. Mayor Keller called
for a vote on the original question. Question being as follows:
It was moved by Councilman Courtright, seconded by Councilman Sanders
that an ordinance be drafted placing on the April General Election
ballot the proposition; "Should a leash law be adopted?" Motion
failed 3 to 2. Councilman Courtright and Councilman Sanders voting
"aye" with Councilman Ellis and Councilman Wasek voting "no." Mayor
150
Keller voting to break tie vote "no."
Dog Ordinances:
It was moved by Councilman Courtright, seconded by Councilman Sanders
that Ordinance No. 173 bs passed on first of three readings. Said
Ordinance reads in caption as follows:
ORDINANCE NO. 173
AN ORDINANCE REGULATING THE KEEPING OF DOGS
IN THE CITY OF PEARLAND AND PROVIDING A PENALTY
FOR VIOLATION.
Motion passed 4 to 0.
It was moved by Councilman Courtright, seconded by Councilman Sanders
that Ordinance No. 174'be passed on first of three readings. Said
Ordinance reads in caption as follows:
ORDINANCE NO. 174
AN ORDINANCE PROVIDING A TAX, LICENSING AND VACCINATION
AS PROTECTION AGAINST RABIES; PROVIDING OWNER RESPON-
SIBILITIES AND PROVIDING A PENALTY.
Motion passed 4 to 0.
Drainage District Agreement - Corrigan Subdivision:
It was moved by Councilman Ellis that installation of the line in
question be made from dunds to come from the annual allocation of the
Drainage District. Motion died for lack of a second.
It was moved by Councilman Ellis, seconded by Councilman Courtright
that installation of the drainage the from Fite Road to Mary's Creek
be made by the Drainage District to the City, and that none of the pipe
be installed until the Subdivider of Corrigan Subdivision has his pipe
on the ground. Motion passed 3 to I. Councilman Wasek opposed.
NEW BUSINESS-.
WILLOWCREST SECTION V:
Mr. Pete Bonario, Mr. W. B. Bradley and Mr. Frank Barringer appeared
before the City Council regarding Willowcrest Section V. They had been
advised that the streets in this section had no access facility.
Approval of the final plat by the City could not be made until this
matter was resolved.
Councilman Sanders requested that the City Administrator contact this
City Attorney to see in fact, if Mimosa Acres (located adjacent to
Willowcrest) is a subdivision and if so, what action we can take to
make the developer of Mimosa Acres install his streets. Also, in the
event the developer refused to install his streets, could the City
install them and attach his lots. This information to be submitted
to the Council by next Thursday night 2/20 69.
151
Regarding the open ditch adjacent to Willowcrest 5, the City Administrator
was requested to send a letter to the Drainage District to the effect
that the open ditch was acceptable to the City.
Approval of Architects' Contract:
It was moved by Councilman Sanders, seconded by Councilman Ellis that
the contract offered by Hall-McGuff for the City Hall expansion project
be accepted and thereby authorize the Mayor to sign the contract.
Motion passed 3 to 1. Councilman Courtright opposed.
Councilman Courtright stated that his opposition to the motion was
due to the fact that he could not find in the contract where the start
of phases by the architects' would be only on written authorization of
the City.
It was moved by Councilman Courtright, seconded by Councilman Sanders
that the architects' be authorized to proceed with the schematic design _
phase only and so notified in writing. Motion passed 4 to 0.
It was moved by Councilman Sanders, seconded by Councilman Wasekthat
Check No. 1 - Building Construction Fund which was previously withheld
be released for signature. Motion passed 4 to 0.
Shadybend Drive Extension -,Right of Way Dedication:
City Administrator stated that the School District agreed to dedicate
30 feet of right of way to the City and that Aaron Pasternak, Trustee,
executed a dedication of 30 feet for road right of way.
It was moved by Councilman Sanders, seconded by Councilman Wasek that.
the City Council announce their intent to accept dedications totaling
60 feet in width for the extension of Shadybend Drive approximately
1,000 feet northwesterly with the understanding that the parties making
the dedication will provide instruments acceptable to the City Attorney,
and that it be further understood that the final construction of the
street will be by the dedicating parties or assigns, in accordance with
the existing subdivision ordinance. Councilman Courtright opposed.
Motion passed 3 to 1.
Chlorine Bids:
It was moved by Councilman Ellis, seconded by Councilman Sanders to
authorize the City Administrator to advertise for chlorine bids, Motion
J
passed 4 to 0.
Proclamation - Engineer's Week:
Mayor Keller signed a Proclamation designating the week of February
16 through 22, 1969, as Engineer6. Week.
Clear Creek Estates/Twin Creek Woods Water System:
It was moved by Councilman Courtright, seconded by Councilman Ellis
that the City move ahead with the construction of the Clear Creek Estates
Twin Creek Woods Water System as originally planned. Motion passed
4 to 0.
WPC TEX 455: (Contractor - Mainland Construction Company)
It was moved by Councilman Ellis, seconded by Councilman Courtright
that if acceptable to the City Engineer, Mainland Construction Company
and approved by the Bonding Attorney, the people who have requested
to tie onto the completed line north of East Broadway be allowed to
do so. Acceptance by the above be in writing to the City and with
the understanding that the Contractor is in no way relieved of
liability. Motion passed 4 to 0.
City Engineer:
Councilman Sanders made the following motion:
It is my opinion that accurate and sound exonomic considerations and
advice are an integral part of a completely efficient engineering scope.
It is further my opinion that the City's current Engineer has failed
on several occasions to follow such consideration and to furnish such
advice (as witnessed by the current negotiations regarding Mr. Bland's
water system in Clear Creek Estates Subdivision which resulted in a
negative disparity based on the original Engineer's estimate of some
$2800 to $4200 dollars after the transaction .) Such economic advice
has caused this Council, in my opinion, to make embarassing and
possibly costly decisions in the past and its continuance willcause
more of the same in the future, I therefore move that 11 connections
with this Engineer be severed immediately.
Motion died for lack of a second.
Extension of Water Laine - North End Water System:
It was moved by Councilman Ellis, seconded by Councilman Sanders that
engineering be approved for extension of the North End Water System
from Kanpp Road to the property line of Columns, Inc. with the Enginee
to secure all permits necessary from the State to install such line
along the right of way of North Main. Motion passed 3 to 1. Council-
mand Courtright opposed.
McGinnis Subdivision - Water Escrow Fund:
It was moved by Councilman Wasek, seconded by Councilman Ellis that
we not reimburse the people who have money in escrow fund for water
lines at this time. Motion passed 3 to I. Councilman Courtright
opposed.
ADJOURN:
Meeting adjourned by motion 11:25 F. M.
Minutes approved as read and/or corrected this the ' day of�
A. D. 1969.
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