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1985-03-18 CITY COUNCIL SPECIAL MEETING MINUTES10 MINUTES OF A SPECIAL MEETING AND PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MARCH 18, 1985, AT 7:00 P. M. IN THE CITY HALL, 2335 NORTH TEXAS AVENUE, PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Councilman/Mayor Pro Tem Councilman Councilman Councilman Councilman City Manager City Attorney City Secretary PURPOSE OF THE MEETING: Tom Reid Dennis Frauenberger Al Lentz Charles R. Mack (entered at 7:25 P.M.) James E. Bost Terry Gray Ronald J. Wicker Luke L. Daniel Kay Krouse 1. REVIEW OF FLOOR PLANS ON THE NEW PUBLIC SAFETY FACILITY. Mr. Joe Santopetro, of Christopher Di Stefano, Architects, presented for Council's review, proposed floor plans of the new Public Safety Facility and also a proposed front elevation for this facility. The Council suggested some changes on the floor plans and requested they be able to look at some other front elevations. Mr. Santopetro stated that in the near future he would bring drawings for several other front elevations for Council's review and consideration. MEETING RECESSED AT 7:25 P. M. - RECONVENED AT 7:30 P. M. 2. PUBLIC HEARING ON STREET PAVING ASSESSMENTS ON LIBERTY DRIVE AND SOUTH GALVESTON ST. MAYOR'S COMMENTS: Mayor Reid read the following Notice: NOTICE OF PUBLIC HEARING TO ASSESS FOR PAVING AND OTHER STREET IMPROVEMENTS ON SECTIONS OF LIBERTY DRIVE AND SOUTH GALVESTON STREET Notice is hereby given by the City Council of the City of Pearland, Texas, of a Public Hearing to be held March 18, 1985, at 7:30 P. M., in the Council Chambers at City Hall, 2335 N. Texas Avenue, Pearland, Texas, on the proposed assessment against abutting property owners of a portion of the cost of improvements to the following described public streets within the City of Pearland, consisting of concrete curb and gutter improvements, storm drainage, and sidewalks. Assessments are proposed against all abutting property owners on the following streets or portions thereof within the City Limits of Pearland, Texas, to -wit: LIBERTY DRIVE, from the South right-of-way line of F.M. 518 (East Broadway), South to Shadybend, a distance of 1550 feet, more or less. This roadway section, as constructed, being 41 feet to back of curb with drainage improvements; and SOUTH GALVESTON STREET, from the South right-of-way line of F.M. 518 (East Broadway), South to the North right-of-way line of Walnut Street, a distance of 1265 feet, more or less, with a 28 foot concrete curb and gutter section from F.M. 518 (East Broadway) to near Pear Street, and a 41 foot section from Pear Street to Walnut Street. The estimated total construction cost of such improvements is $267,928.00 for Liberty Drive and $206,666.00 for South Galveston Street. The estimated amount to be assessed against owners of the abutting property is estimated as follows: Liberty Drive $73.48 per linear foot South Galveston Street - $83.39 per linear foot, 41 feet back to back - $69.84 per linear foot, 28 to 41 feet back to back - $56.29 per linear foot, 28 feet back to back All abutting property owners and interested parties shall be given an opportunity to be heard at the time of such hearing and should be present at such time and place. /s/ Tom Reid Mayor, City of Pearland, Texas Attest: /s/ Kay Krouse City Secretary 31 Mayor Reid advised that this Public Hearing is being held pursuant to the authority and statutory requirements of Article 1105b of the Revised Civil Statutes of the State of Texas. The purpose of this meeting is to consider the proposed street improvement assessment against abutting property owners of a portion of the costs of improvements to Liberty Drive from F.M. 518 South right-of-way line to Shadybend, a distance of 1550 feet more or less; and South Galveston Street from F.M. 518 South right-of-way line to the North right-of-way line of Walnut Street, a distance of 1265 feet, more or less. All persons owning any such abutting property, or any interest therein, shall have the right at this Hearing to be heard and to offer evidence as to all matters concerning (1) the ^ statutory authority of this meeting; (2) the validity of any assessment authorized by Article 1105b V.A.C.S.; (3) contest of the amounts of the proposed assessments and the lien and liability thereof; (4) the special benefits to the abutting property and owners thereof by means of the improvements of which assessments are to be levied; (5) and the accuracy, sufficiency, regularity and validity of the proceedings and contracts in con- nection with such improvements and proposed assessments; (6) and as to all matters in accordance with the Ordinances accepting this work and authorizing the levying of assessments thereupon. The Mayor also advised that any abutting property owner, or his agent or attorney, who does not agree with the decision of the Council shall have the right of appealing any decision made by the City Council and that the appeal must be made to the Court of Competent jurisdiction within a period of fifteen (15) days from the time any assess- ment is levied. NOTICE OF HEARING: The City Secretary advised that Notice of Hearing was first published in the official newspaper on February 22, 1985, which is at least 21 days prior to this Hearing, and then subsequently published on March 1, 1985, and March 8, 1985. The written notices were mailed to the affected property owners on February 27, 1985. The notices were sent by registered mail with return receipt requested. All acknowledgments of the notices have been received. The City Secretary also advised that no railroads were affected by these proposed street improvements. JAMES D. SNOWDEN, PhD, TESTIMONY: Dr. Snowden testified he was a Consulting Civil Engineer and that his company had a contract for professional services with the City of Pearland for the design and the drainage layout of the two street projects. He also testified his company had drawn -up standard specifications and drawings (combined) for both Liberty and South Galveston. Also, that he had submitted engineering cost estimates; had worked with City officials in the bidding process; that Ramex Construction Company was awarded the bid as the low bidder of the 12 bids received; and that Engineer's Rolls were submitted after comple- tion of both projects which contained the actual cost breakdowns. Cross -Examinations by the Following: i 1. Attorney Charles Dippel, representing Mr. Pasternak and others on Liberty Drive, 2. Attorney Robert M. Collie, Jr., representing Ms. Sue Morrison on South Galveston Project; 3. Attorney A. G. Crouch, representing Delta Savings; 4. Tom Alexander, property owner; 5. Tony Banfield, Silver Maples Apartments; 6. Mrs. Bettye Alexander, property owner. WITNESSES TO TESTIFY ON BEHALF OF THE CITY: 1. Kay Krouse, City Secretary, testified that City's Exhibit No. 2, 3-18-85, was a true and correct copy of the original.Ordinance No. 467 (An Ordinance Declaring the Necessity for and Ordering the Paving and Improvement for Portion of Liberty Dr.). Also, that City's Exhibit No. 3, 3 -18 -85, -was a true and correct copy of the original Ordinance No. 468 (An Ordinance Declaring the Necessity for and Ordering the Paving and Improvement for Portion of South Galveston St.). Ms. Krouse further testified that City's Exhibit No. 4 was a true and correct copy of the original Minutes of City Council Meeting held on March 8, 1984, approving Engineer's Cost Estimate for Liberty Dr. and South Galveston St. assessment pav- ing projects. She was cross-examined by Attorneys Charles Dippel and A. G. Crouch. 2. Barbara Lenamon, Tax Assessor -Collector, testified that Pages one, two and three of City's Exhibit No. 1 (Tax Roll Designations by Property Lot and Block Number and Owner- ship) was a true and correct copy and that same coincided with her tax rolls. Ms. Lenamon was cross-examined by Tony Banfield, Silver Maples Apartments. 3. Joseph Rexach, Chief Inspector, testified that both Liberty Dr. and South Galveston St. were constructed according to plans and specifications submitted to the City by Dr. Snowden. Mr. Rexach was cross-examined by Attorneys A. G. Crouch, Charles Dippel and Bob Collie. 4. William K. Thomasset, Director of Public Works, testified he certified to the City Manager and the City Council that both Liberty Dr. and South Galveston St. had been con- structed and were ready for public use. Mr. Thomasset was cross-examined by Attorneys A. G. Crouch, Charles Dippel, Bob Collie and Property Owner Tom Alexander. COMPLETE TAPE OF HEARING ON FILE IN OFFICE OF CITY SECRETARY HEARING RECESSED UNTIL 7:00 P. M., TUESDAY, MARCH 19, 1985 MEETING RECESSED AT 11:26 P. M. Minutes approved as submitted and/or corrected this the,,2.2 day L� A. D., 1985. Mayor ATTEST: City 5 cretary