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1977-04-25 CITY COUNCIL REGULAR MEETING MINUTESM MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS HELD ON APRIL 25, 1977, 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 Harry Farley r-- Councilman Dennis Frauenberger Councilman Terry Gray Councilman Tom Reid Councilman Morris S. Wilson City Manager William E. Wolff City Attorney Bobby J. Williams City Secretary Dorothy L. Cook r' - INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Councilman Reid. The Pledge of Allegiance was led by Councilman Frauenberger. BID NO. 77-5, WATER LINE INSTALLATION - MYKAWA ROAD: Bids opened as follows: NAME BASE BID ALTERNATE BID NO. 1 ADD DEDUCT Ben Felts Utility Co. $36,373.17 $2,800.00 Mainland Construction Co. $31,772.25 $2,800.00 Mora Construction Co. $38,314.00 $2,800.00 It was moved by Councilman Farley, seconded by Councilman Gray that the bids be received into the records of the City and referred to the City Manager and Public Works Director for tabulation and recommendation. Motion passed 5 to 0. APPROVAL OF MINUTES: It was moved by Councilman Reid, seconded by Councilman Wilson that the minutes of the regular meeting held on April 11, 1977 be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor McComb issued the following proclamations: "American Business Women's Association Scholarship Month" - Month of May "National Clean Up Week" - April 25, 1977 through April 30, 1977 "Be Kind to Animals Week" - May'l, 1977 through May 7, 1977 42 Mayor McComb announced the receipt by the City of Pearland of a Certificate of Conformance in Financial Reporting by the Municipal Finance Officers' Association of the United States and Canada. Also, the Mayor presented the award of Financial Reporting Achievement to Dorothy S. Thompson, Treasurer of the City of Pearland by the Municipal Finance Officers' Association of the Unites States and Canada. Mayor McComb recessed the meeting at 8:00 P.M. for a short reception in honor of Mrs. Thompson's achievement. i Meeting reconvened at 8:20 P.M. COUNCIL ACTIVITY REPORTS: None DEPARTMENTAL REPORTS: None CITIZENS: Mr. Lewis Tyra appeared before the City Council with a request to place a mobile home at 4801 Orange Street while his new home was under construction. Mr. Toby Lytle appeared before the City Council and requested that Old Alvin Road not be designated as a truck route since this street runs in front of the Intermediate School. He advised the City Council that he felt that this designation created a hazard to the students attending the school. DOCKETED PUBLIC HEARINGS: REQUEST FOR CHANGE IN LAND USE, APPLICATION NO. 37, RONALD HAUSMAN, PLANNED UNIT TO R-2, MEDIUM DENSITY FAMILY DWELLING. 8.13 acres out of the James E. Perry and Emily Austin League, Abstract 111, Brazoria County, Texas. PERSONS WISHING TO SPEAK FOR THE REQUESTED CHANGE: Mr. John Garner, Engineer, retained by the property owner, spoke in favor of the requested change. He advised that the only access to the property is through Friendswood, and there is a possibility of stubbing out a street that would eventually be in Pearland. He requested that the application be approved with the stipulation that access be provided from the subdivision into the City of Pearland. PERSONS WISHING TO SPEAK AGAINST THE REQUESTED CHANGE: Bob Wasinger spoke against the requested change. He advised that no water or sewer lines are available from Pearland for over one mile as well as the fact that no access road was provided into the City of Pearland. QUESTIONS FROM THE CITY COUNCIL: Councilman Gray asked John Garner for more information on the extension of one of the streets into the City of Pearland. He also asked the City Manager if he felt Friendswood could service this area with water and sewer services. Mr. Wolff advised that he could not say whether or not these services would be available from Friendswood. Councilman Farley asked the Engineer to advise how many homes were planned in this area. He was advised that it would be approximately 35 homes. Councilman Reid asked if it was the intent of the developer to extend this property into the other area adjacent to the property owned by Mr. Hausman. Mr. Garner advised that there are no plans at this time for such an extension. ADJOURN: Public Hearing adjourned at 8:20 P.M. REQUEST FOR CHANGE IN LAND USE, APPLICATION NO. 38, RONALD HAUSMAN. Mr. Hausman withdrew his request for a Change in Land Use as described in this application, therefore, no public hearing was held. UNFINISHED BUSINESS: COST ESTIMATES ON RECONSTRUCTION OF WOODY ROAD AND SCOTT STREET: City Manager Wolff advised that Mr. Ron Wicker had prepared a cost estimate for the streets as follows: Woody Road - reconstructed with 6 inches addition base and 1 inch asphalt topping $6,716.00 Scott Street - reconstructed with 4 inches of additional base and 1 inch asphalt topping $6,896.00 Mr. Wolff advised that we did not have the money in the budget to do these projects at this time. Mayor McComb advised that he had called a workshop meeting for Saturday morning April 30, 1977 at 9:30 A.M. to go over the entire budget to look at any possible revisions, to change either budget dollars or old revenue sharing dollars to some other sections where we can do work of this nature. He advised, also, that a special meeting would be called for 11:00 A.M. for the City Council to take action on any items that come out of the workshop. ORDINANCE NO. 356, AN ORDINANCE DISSOLVING THE IMPROVEMENT AND BEAUTIFICATION BOARD: Ordinance No. 356 was read in full by Councilman Frauenberger. (First Reading) It was moved by Councilman Frauenberger, seconded by Councilman Gray that Ordinance No. 356 be passed and approved on first reading. Said Ordinance No. 356 reads in caption as follows: ORDINANCE NO. 356 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, REPEALING ARTICLE III OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, PROVIDING AN EFFECTIVE DATE, A SEVERABILITY CLAUSE, AND CONTAINING OTHER PRO- VISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilman Frauenberger, Councilman Gray, Councilman Farley, Councilman Reid, and Councilman Wilson. Voting "No" - None Motion passed 5 to 0. NEW BUSINESS: APPROVAL OF FINAL PLAT OF ORANGE COUNTRY DUPLEXES, SECTION I: It was moved by Councilman Reid, seconded by Councilman Wilson that the final plat of Orange Country Duplexes, Section I be approved subject to a dedication of a 50 x 118 foot strip along Orange Street and Mykawa Road extended and subject to amendments to certain deed restrictions as corrected by the City Attorney. Also, that escrow fund for the street be supplied to the City before building permits are released. Motion passed 5 to 0. REQUEST BY LEWIS TYRA TO PLACE MOBILE HOME WITHIN THE CITY: After due discussion of Mr. Tyra's request the following motion was made: It was moved by Councilman Reid, seconded by Councilman Gray that the Council decline the request of Mr. Lewis Tyra to place a mobile home on his property located Within the City Limits. Motion passed 5 to 0. TEXAS DEPARTMENT OF HEALTH RESOURCES - APPLICATION NO. 1065, JACK SHELTON OPERATION OF A CLASS V LANDFILL SITE WITHIN EXTRATERRITORIAL JURISDICTION OF THE CITY OF PEARLAND: It was moved by Councilman Reid, seconded by Councilman Farley that the City Council go on record as not being opposed to Permit No. 1065 as submitted by Jack Shelton for a Class V Landfill Site. Motion passed 5 to 0. ACTION BY CITY COUNCIL ON APPLICATION NO. 37, RONALD HAUSMAN: It was moved by Councilman Reid, seconded by Councilman Farley that the request for change in land use, Application No. 37 be denied. It was moved by Councilman Reid, seconded by Councilman Farley that Mr. Hausman request to speak before the City Council be granted. Motion passed 5 to 0. Mr. Hausman advised the City Council that he did not own any property in the City that would have access to this property. There is access but it is in Friendswood. He advised that he was seeking for a change in zoning at this time and would have to work out the details for service to the area at a later date. Mayor McComb called for a vote on Councilman Reid's motion. Motion failed 4 to 1. Councilman Farley, Councilman Gray, Councilman Frauenberger, and Councilman Wilson opposed. It was moved by Councilman Gray that Application No. 37 be approved to change zoning from PU to R-2, and appropriate ordinances be prepared. Motion died for lack of a second. It was moved by Councilman Gray, seconded by Councilman Frauenberger that this issue be tabled until the next regular meeting. Motion passed 5 to 0. AGREEMENT WITH THE ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY FOR WALNUT STREET CROSSING: City Manager Wolff advised that the City received a new contract for the Walnut Street Crossing from the A.T.& S.F. Railway Company. He noted that the last estimate we received from the Railway Company was $53,000.00 It was moved by Councilman Reid, seconded by Councilman Gray that the Mayor be instructed to sign, on behalf of the City of Pearland, Texas, license agreement between the Atchison, Topeka and Santa Fe Railway Company's property for a public road, Walnut Street, and that a copy of said agreement be recorded in the Minutes. Motion passed 5 to 0. The Agreement reads as follows: AGREEMENT, Made this 21st day of March, 1977, between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Delaware corporation (hereinafter called "Santa Fe"), 'as First Party; and CITY OF PEARLAND, TEXAS, a municipal corporation of Brazoria County, acting herein by its City Manager, hereunto duly,authorized (hereinafter called "City"), as Second Party. WITNESSETH: R E C I T A L S: City desires to use a certain portion of Santa Fe's property at Pearland, Brazoria County, Texas, upon which to construct and thereafter maintain and use a public road, which is agreeable to Santa Fe upon the terms and conditions here= inafter stated. AGREEMENT ARTICLE I 1. Santa Fe, for and in consideration of the sum of One and No/100 Dollars ($1.00) cash to it paid by City, the receipt whereof is hereby acknow- ledged, and of the full and faithful performance by City of its covenants herein- after set forth, hereby licenses City to use a portion of Santa Fe's property situated at Pearland, Brazoria County, Texas, for the purpose of constructing, maintaining and using a public road, the property, license to use whish is hereby given, being shown in red on print AGM -Engineering, Amarillo, Texas, dated Nov. 9, 1976, hereto attached, marked Exhibit "A", and made a part hereof. 2. Santa Fe agrees that it will, at City's expense, make adjustments to railroad communications lines at the crossing location. 3. Santa Fe agrees that it will, at City's expense, install two standard flashing light signals with gates at the crossing location. 4. Santa Fe agrees that it will, at City's expense, relocate two whistle post signs for the crossing. 5. Santa Fe agrees that it will, at City's expense, install 40 ft. full depth timber crossings on its Main Track and Track No. 1, provided that in the event of discontinuance of use by Santa Fe of said tracks all obligations assumed by it hereunder as to such tracks shall cease and be at an end. 6. Santa Fe agrees that it will, at City's expense, raise Track No. 1 to meet the grade of the street at the crossing location. 7. Santa Fe agrees that it will, at its own expense, maintain the whistle post signs, timber crossings within the limits of the ties, and the grade crossing warning devices; however, Santa Fe shall be entitled to receive any contribution toward the cost of such maintenance on said grade crossing warning devices as may be now or hereafter made available by reason of any law, ordinance, regulation, order, grant or by other means or sources. ARTICLE II In consideration of the aforesaid license, City covenants and agrees to and with Santa Fe as follows: 1. That it will use the licensed premises exclusively as a site for a public road. 2. That it will not let or sublet the whole or any part of the licensed premises for any purpose whatsoever or assign this license without the written consent of Santa Fe in each instance. 3. That in case of eviction of City by anyone owning or claiming title to the whole or any part of the licensed premises, Santa Fe shall not be liable to City for any damage of any nature whatsoever. 4. That if the licensed premises, or any part thereof, cease to be used at any time for the purpose licensed, City will deliver up to Santa Fe the possession of the whole, or such part so ceased to be used. S. That it will use the licensed premises and maintain the public road to be located thereon in such manner as not to interfere with, hinder, or in any manner obstruct the use by Santa Fe of the railroad or other property adjacent thereto. In the event of a breach of this covenant at any time, City will, within ten (10) days after receipt of written notice from Santa Fe thereof, do whatever may be necessary to remedy such condition, and if City should fail to do so within said time, Santa Fe may do so at City's expense, bill for the cost of which City will promptly pay. 6. That no legal right of Santa Fe to maintain, use and relocate the railroad track or tracks or other railroad facilities now located upon the licensed premises, or to construct and thereafter maintain, use and relocate any additional track or tracks or other railroad facilities as it may desire upon or across said licensed premises shall be in anywise affected by the giving of this license. 7. That it will bear and pay the entire cost of constructing and maintaining the public road or street upon the licensed premises (except the portions thereof to be maintained by Santa Fe, as provided in Section 7 of Article 1), including any and all drainage facilities made necessary or required because thereof and all paving, curb and gutter and sidewalks. 8. That it will pay to Santa Fe, upon receipt of an itemized bill therefor, the actual cost for those items of work as covered under Sections 2, 3, 4, 5, and 6 of Article I. 9. That if it shall become necessary in the future reconstruction and/or maintenance of said public road or street to make any changes or alterations in Santa Fe's right of way fences, signal, power and/or communication pole and wire lines, and/or other facilities located upon the licensed premises, such changes or alterations, if agreeable to Santa Fe, will be made by Santa Fe at City's expense, bill for the cost of which City will promptly pay. 10. To make any and all arrangements that may be necessary to secure the location or relocation of wire lines, pipe lines and other facilities owned by private persons, companies, corporations, political subdivisions or public utilities other than Santa Fe which it may be found necessary to locate or re- locate in any manner whatsoever due to the construction of said public road. 11. To appoint and keep competent inspectors, engineers or other authorized parties on the work to be done by City during the process of such work, and to give Santa Fe reasonable advance notice of the performance by City, or any contractor employed by City to construct said public road, of any work upon, along over or across the right of way and tracks of Santa Fe which .might render unsafe the operation of trains on the tracks of Santa Fe. 12. That it will do no work on Santa Fe's property without first contacting Santa Fe's Superintendent at Temple, Texas, and securing his approval of such work. 13. That this license is made subject to all valid, existing and future contracts, agreements, licenses and easements which may affect said property, covering roads, public or private; pole lines and appurtenances; pipe lines, or other facilities; provided, however, that in the event pipe lines or pole lines are constructed across the licensed premises, such crossings, and any excavation, tunnels, or paving cuts shall be made at the expense of the one making such excavation or paving cuts as well as any and all repairs necessary to restore the licensed premises to the condition it was in prior to such work. 14. That effective with the opening of the new grade crossing at Walnut Street Railway Company's Mile Post 9 + 3845 ft., the existing grade crossing at Pear Street Railway Company's Mile Post 9 + 4532 ft. will be forever closed and abandoned. 15. That all of the covenants hereof shall inure to the benefit of the successors and assigns of Santa Fe, to the same extent as to Santa Fe. ARTICLE III The parties mutually agree that this license shall be effective from its date, and thereafter so long as said public road shall be located on the licensed premises and be maintained in accordance with the provisions of Section 5 of Article II hereof. IN TESTIMONY WHEREOF, the parties have caused these presents to be executed in duplicate on the day and year first above stated. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY By: s/R. W. Harper Its Vice President Finance ATTEST: s/T. H. Blackwell, Jr. Assistant Secretary for Railway Company CITY OF PEARLAND, TEXAS By: s/Carlton McComb Its Mayor ATTEST: s/Dorothy L. -Cook Secretary for City AWARD OF BID NO. B77-5. MYKAWA ROAD WATER LINE: City Manager Wolff advised that he and the Public Works Director recommended that Mainland Construction Company be awarded the bid as the lowest and best bidder. It was moved by Councilman Farley, seconded by Councilman Gray that Bid No. 77-5 be awarded to Mainland Construction Company in the amount of $31,772.25 to be paid out of the Revenue Sharing Funds allocated. Motion passed 5 to 0. APPLICATION NO. 40 - REQUEST BY FRANK BARRINGER FOR CHANGE IN LAND USE - CALL OF PUBLIC HEARING BEFORE PLANNING $ ZONING COMMISSION: Requested Change: 2.13675 acres in Abstract 237 - PU to GB. It was moved by Councilman Wilson, seconded by Councilman Reid that a Public Hearing before the Planning and Zoning Commission be called on Application No. 40 for May 17, 1977 at 7:30 P.M. FINAL APPROVAL OF WOODCREEK II -B: This item removed from the agenda on advice of the City Attorney. ADJOURN: The meeting was adjourned at 9:15 P.M. Minutes approved as submitted and/or corrected this —Z day of A. D., 1977. ATTEST: City Secretary Gil