1974-06-12 CITY COUNCIL REGULAR MEETING MINUTESfI 63 9
.S
MINUTES OF A -REGULAR MEETING OF THE CITY COUNCIL OF THE CITY.-'OFPEARLAND,
TEXAS, -HELD ON 'J'UN'E' 1'2 . 1-9-74, 'A'T' 7:3-0' P'.' M'.' IN' 'T'H'E' 'C'I'TY" 'HA'L'L;,' '2'3'3'5' 'N.' 'TEXAS
AVENUE', PEA RL'AND' , 'T'E XA S .
The meeting was called to order with the following present:
Mayor
Carlton
McComb
Councilman
Cecil W.
Griffin
Councilman
Harry E.
Farley
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
INVOCATION AND PLEDGE OF ALLEGIANCE:
The invocation was given by Art Jones, Council Chaplain. The Fledge of Allegiance was -
led by City Attorney Bobby Williams.
APPROVAL OF MINUTES:
It was moved by Councilman Reid, seconded by Councilman 8anders that the minutes _o2 the
regular meeting held on May 28, 1974, be approved as submitted. Motion passed 5 to 0.
rte;
It was moved by Councilman Sanders, seconded by Councilman Farley that the minutes of
the special called emergency meeting held on June 6, 1974, be approved as corrected,,
Motion passed 4 to 0.
MAYOR'S ACTIVITY REPORT:
Councilman Frank abstained.
Hill's Landfill Application: Mayor McComb read a copy of a letter addressed to G. fie
Brown, Jr.,Acting Director of the Brazoria County Health Department from Charles K. Foster
Director of Environmental Engineering, State Health Department advising that no
recommendations would be made on the Application of the Hill Sand Company, Inc. at this
time since the matter of Hill's operation has been turned over to the Attorney General
to take appropriate legal action since Mr. Hill is in violation of the Health DepartmentP,s
Municipal Solid Waste Rules, Standards, and Regulations.
Mayor McComb read a copy of a letter addressed to D. A. Miller, Jr. from Billy E. Griffin,
County Commissioner - Precinct 3 regarding an inquiry from Mr. Miller with reference to
the Hill's Sand Company.
(Clear Creek Flood Project: Mayor McComb advised that he attended a workshop with the
Corps of Engineers on June 11, 1974 and the only pertinent information out of the
f meeting was that the cut-off route in Harris County is a dead issue. Alternate routes
will be worked on and another meeting will be held in 30 to 60 days.
Council Activity Reports:
Councilman Reid reported that a protected left turn signs_^have been placed at Main and
Broadway (east and west).
M
Park Coordinator: Councilman Frank reported that appraisals have been received on two
tracts of land in the City and these have been mailed to Austin to the Parks and Wildlife
Department for its appraisal. Councilman Frank stated that we should hear something
by the next regular council meeting from this activity.
Councilman Farley stated that at the last meeting the Council authorized the City Manager
to install a two inch water line on Yost Road contingent upon receipt of the necessary
consistent right -of --way easements from the requesting residents. Councilman Farley
requested that this matter be placed on the next agenda for reconsideration by the
Council so that a clarification can be made regarding the wording "consistent right--of--way
easements" in this motion.
CHANGE IN ORDER OF BUSINESS:
NEW BUSINESS: (Changed at the request.of,_the Mayor with approval of City Councill.
RESOLUTIONS OF THANKS TO FORMER MEMBERS OF THE LIBRARY BOARD:
Resolution No. 74-10 for Mrs. Norma Flory; Resolution No. 74-11 for Mrs. Nita Berger;
Resolution NO. 74-12 for Mrs. Pat Crawford. Mayor McComb read the proposed resolutions
thanking the former members of the Library Board for their service.
It was moved by Councilman Griffin, seconded by Councilman Sanders that Resolution No.
74-10, thanking Mrs. Norma Flory, be passed and approved on first and final reading.
Voting "aye" - Councilman Frank, Councilman Reid, Councilman Sanders, Councilman Griffin,
and Councilman Farley.
Voting "no" - none
Motion passed 5 to 0.
It was moved by Councilman Reid, seconded by Councilman Frank that Resolution No. 74-,11,
thanking Mrs. Nita Berger, be passed and approved on first and final reading.
Voting "aye" - Councilman Farley, Councilman Sanders, Councilman Griffin, Councilman Reid,
and Councilman Frank.
Voting "no" - none
Motion passed 5 to 0.
It was moved by Councilman Farley, seconded by Councilman Reid that Resolution No. 74,12
thanking Mrs. Pat Crawford, be passed and approved on first and final reading.
Voting "aye" - Councilman Frank, Councilman Reid, Councilman Griffin, Councilman Sanders,
and Councilman Farley.
Voting "no" - None
Motion passed 5 to 0.
APPOINTMENT OF IMPROVEMENT AND BEAUTIFICATION BOARD:
The Mayor submitted the following names to the City Council for members of the
Improvement and Beautification Board:
Weldon M. Rogers - Three Year Term
Robert B. Bristow - Three Year Term
Jack W. Rubright - Three Year Term
Mrs. Robert (Sandra) Price - Two Year Term
Mrs. Kelly Davis - Two Year Term
Mrs. Milton Farmer - Two Year Term
k
Mrs. Berry Miller, Sr. - One Year Term
Mrs.,Charles (Laura) Dougherty - One Year Term
�Y Mrd Dan Shaw - One Year Term
The Mayor also recommended that Mr. Weldon N. Rogers be named as President, Mr. Robert
B. Bristow as Vice President and Mrs. Kelly Davis as Secretary -Treasurer.
It was moved by Councilman Reid, seconded by Councilman Griffin that the names so read,
for the terms so indicated, and for the positions as chosen.by the Mayor for appointments
to the Improvement and Beautification Board be ratified by the City Council::_ Motion
passed 5 to 0.
Mayor McComb administered the Oath of Office to all members present at the meeting.
Mr. Rogers and Mrs. Miller were not present and will be sworn in at a later date.
REQUEST BY LIONS CLUB TO OPERATE TRAP SHOOT:
Mayor McComb read a letter from Dr. Stevener dated June 12, 1974, requesting permission
from the City Council to operate a gun trap shoot on the week end of the 23rd, 24th and
25th of August, 1974 at the location where the annual turkey shoot is held.
It was moved by Councilman Griffin, seconded by Councilman Frank that the Pearland Lions
Club be granted a:special permit to hold a shotgun trap shoot on the weekend of the
23rd, 24th and 25th of August, 1974, subject to presentation of proper insurance
certificates to the City, and subject to a time on Sunday of 1:00 P. M. to 7:00 P. M.
Motion passed 5 to 0.
WATER SYSTEM - BROOKLAND ACRES SUBDIVISION:
Mayor McComb advised that in the negotiations for this system we have reached a friendly
impasse since the owners of the system, David L. Smith, Inc., specified the price of
$15,000.00 and offer for sale was good for thirty days from May 16, 1974. Mayor McComb
stated that the system was still for sale but the timing is not correct for the City
to buy it at this time. When we get down to the time when we know when City water can
be delivered to the system, we will again negotiate for the purchase of the system.
It was moved by Councilman Sanders, seconded by Councilman Griffin that the City regretfully
declines to accept the proposal to buy the Brookland Acres Water Company as outlined in the
letter from Mr. David Smith, dated May 16, 1974, It being accepted by�the::Gouncil that
the price as stated is acceptable but certain contengencies cannot allow the City to
fulfill the time elements as specified in the offer. Motion passed 5 to 0.
DRAINAGE DISTRICT ALLOCATION FOR 1974:
It was moved by Councilman Farley, seconded by Councilman Griffin that the Drainage District
be advised by the City Manager that the Council desires to apply the Drainage District"s
allocation for 1974 to a project to improve drainage on Old Alvin Road north from Marys
Creek. Motion passed 5 to 0.
PROPERTY OWNED BY LORNE A. POTTER - BLOCK 14, LOTS 24 AND 25:
City Manager Wolff advised the City Council that two remaining lots abutting the City
Hall on the south,- adjoining the property purchased from Tom Alexander by the City a few
months ago, are owned by Lorne Potter. Mr. Wolff advised that if we could purchase
these two lots the City would then own all of the lots facing Highway 518 from Texas
Avenue to the railroad right-of-way. He stated that this matter has been discussed with
Mr. Potter, however, he suggested that the Mayor be authorized to confirm the price to
Mr. Potter in writing. Mayor McComb advised that he felt the offer should be $2.00 per
square foot which is the same price paid to Mr. Alexander for the adjoining lots.
It was moved by Councilman Griffin, seconded by Councilman Reid that the Mayor be authorized
to communicate the City's offer of $2.00 per square foot for Lots 24 and 25, Block 14,
Old Townsite, to the owner of record, Mr. Lorne A. Potter. Motion passed 5 to 0.
UNFINISHED BUSINESS:
ORDINANCE NO. 278 - AN ORDINANCE ESTABLISHING OF BUILDING LINES FOR CERTAIN PUBLIC ROADWAYS
WITHIN THE CORPORATE CITY LIMITS OF PEARLAND:
Ordinance No. 278 read in full by Councilman Sanders. (Second and final reading)
It was moved by Councilman Sanders, seconded by Councilman Frank that ORDINANCE No. 278
be passed and approved on second and final reading. Said Ordinance No. 278 reads in
caption as follows:
ORDINANCE NO. 278
AN ORDINANCE DETERMINING THE NECESSITY FOR THE ESTABLISHING
OF BUILDING LINES FOR CERTAIN PUBLIC ROADWAYS WITHIN THE
CORPORATE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS;
APPROVING THE LOCATIONS THEREOF; DIRECTING THAT BUILDING
PERMITS NOT BE ISSUED FOR ANY WORK WITHIN SUCH BUILDING LINES;
CONTAINING CERTAIN OTHER PROVISIONS RELATING TO ANY EXISTING
STRUCTURES WITHIN SAID BUILDING LINES, DIRECTING THAT A
CERTIFIED COPY OF THIS INSTRUMENT BE FILED FOR RECORD;
PROVIDING A SAVINGS CLAUSE, AN EFFECTIVE DATE THEREOF,
AND REPEALING ANY PARTS OF ORDINANCES IN CONFLICT THEREWITH;
Voting "aye" - Councilman Frank, Councilman Reid, Councilman Griffin, Councilman Sanders,
and Councilman Farley.
Voting "no" - None
Motion passed 5 to 0.
ORDINANCE NO. 281 AN ORDINANCE ANNEXING CERTAIN PROPERTY AND TERRITORY TO'THE'CITY
OF PEARLAND, TEXAS:
Ordinance No. 281 read in full by Councilman Farley. (Second and final reading)
It was moved by Councilman Farley, seconded by Councilman Sanders that Ordinance No. 281
be passed and approved on second and final reading. Said Ordinance No. 281 reads
in caption as follows:
ORDINANCE NO. 281
AN ORDINANCE ANNEXING CERTAIN PROPERTY AND TERRITORY TO THE
CITY OF PEARLAND, TEXAS, AND EXTENDING THE CORPORATION LIMITS
OF SAID CITY TO INCLUDE AND EMBRACE SAID TERRITORY WHICH IS
ADJACENT TO AND CONTIGUOUS WITH THE PRESENT CORPORATION LIMITS
OF THE SAID CITY AND IS NOT WITHIN THE CITY LIMITS OF ANY OTHER
CITY AND LIES WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE
73
CITY OF PEARLAND; SAID TERRITORY BEING FULLY DESCRIBED
BY METES AND BOUNDS IN THIS ORDINANCE; PRESCRIBING
THE VOTING PRECINCTS FOR THE FUTURE INHABITANTS WITHIN
SAID ANNEXED TERRITORY; PLACING SUCH FUTURE INHABITANTS
ON EQUAL FOOTING WITH THE PRESENT INHABITANTS OF THE
CITY OF PEARLAND:
Voting "aye" - Councilman Frank, Councilman Reid, Councilman Griffin, Councilman Sanders,
and Councilman Farley.
Voting "no" - None
Motion passed 5 to 0.
MEETING RECESSED AT 8:35 P. M. - RECONVENED AT 8:43 P. M.
... .... .... .... .... ....
ORDINANCE NO. 282 - AN ORDINANCE OF NECESSITY FOR AND ORDERING THE PA'V'ING 'AND ' IMPRO'VEMENT
OF MEADOWVILLE DRIVE AND SHADYBEND DRIVE:
Ordinance No. 282 read in full by Councilman Griffin. (First reading)
It was moved by Councilman Griffin, seconded by Councilman Reid that Ordinance No, 282
be passed and approved on first of two readings. Said Ordinance No, 282 xeads in
caption as follows:
ORDINANCE NO. 282
AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING.THE
PAVING AND IMPROVEMENT OF MEADOWVILLE DRIVE AND SHADYBEND
DRIVE, PEARLAND, TEXAS;; APPROVING PLANS AND SPECIFICATIONS
FOR SUCH WORK: AUTHORIZING THE CITY MANAGER TO ADVERTISE
FOR BIDS IF NECESSARY; DIRECTING THE PREPARATION OF 14STIMATESp
INVOKING AND ADOPTING THE PROVISIONS OF ARTICLE 1105bo VERNON'kS'
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-, ENACTINf,
PROVISIONS INCIDENT AND RELATING TO THE SUBJ'ECTI PROVIDING
A SAVINGS CLAUSE AND AN EFFECTIVE DATE HEREOF,
Voting "aye" - Councilman Farley, Councilman Sanders, Councilman Griffin, Councilman
Reid and Councilman Frank.
Voting "no" - None
Motion passed 5 to 0.
ENGINEERING ESTIMATES ON MEADOWVILLE DRIVE AND SHADYBEND'DRIVE:
Mayor McComb read the following cost estimates into the records of the City.
MATERIAL
1. Base Material 760 cu yds @ $3.50
2. Hauling Base: 760 cu yds @ 1.45
3. 1st Rock Course 69 tons @ 5.58
4. 2nd Rock Course 35 tons @ 6.78
MEADOWVILLE DRIVE
Amount SHADYBEND DRIVE
v �
i
$ 2,660.00 1,480 cu yds$ 5,180,00
1,102.00 1,480 cu yds 2,146.00
385.02 .132 tons 736,56
237.30% 66 tons 447.48
74
MEADOWVILLE Amount SHADYBEND
5. Unloading Rock: 104 tons @ $0.40
6. Asphalt: 1,916 gals @ $0.35
Total Materials
EQUIPMENT AND LABOR
1. Maintainer
2. Water Trucks
3. Flat Wheel Roller
4. Sheepfoot Roller
5. Dump Truck
6. Spreader Box
7. Distributor Truck
8. Labor & Supervision
$41.60
670.60
$ 5,096.52
37
hrs
@
14.50
$ 536.50
37
hrs
@
8.00
296.00
19
hrs
@
8.00
152.00
37
hrs
@
10.00
370.00
13
hrs
@
8.00
104.00
7
hrs
@
4.00
28.00
9
hrs
@
12.00
108.00
451.59
$ 2,046.09
Legal Administrative & Engineering 225.00
Total Equipment and Labor $ 2,271.09
Total Material 5,096.52
$ 7,367.61
Total Approximate Project Length ..............1,026.35 ft.
Average cost per foot .......................... $7.18
198 tons $ 79.20
3,682 gals 1,288.70
Prepared and Certified by Malcolm A. Collins, P. E.
71 hrs
71 hrs
36 hrs
71 hrs
25 hrs
13 hrs
17 hrs
$ 9,877.94
$ 1,029.50
568.00
288.00
710.00
200.00
52.00
204.00
867.83
$ 3,919.33
400.00
$ 4,319.33
9,877.94
$ 14,197.27
1,972.36 ft.
$7.20
It was moved by Councilman Sanders, seconded by Councilman Griffin that the Engineering
Estimates on Meadowville Drive and Shadybend Drive be entered into the records of the
City. Motion passed 5 to 0.
ORDINANCE NO. 283 - AN APPROPRIATION ORDINANCE ADOPTING A REVENUE SHARING BUDGET:
Ordinance No. 283 read in full by Mayor McComb. (Second reading)
It was moved by Councilman Sanders, seconded by Councilman Farley that Ordinance No. 283
be passed and approved on second and final reading. Said Ordinance No. 283 reads in
caption as follows:
ORDINANCE NO. 283
AN APPROPRIATION ORDINANCE ADOPTING A REVENUE SHARING
BUDGET FOR THE ENTITLEMENT PERIOD BEGINNING JULY 1, 1974
AND ENDING JUNE 30, 1975.
Voting "aye" - Councilman Frank, Councilman Reid, Councilman Griffin, Councilman Sanders,
and Councilman Farley.
Voting "no" - None
Motion passed 5 to 0.
NEW BUSINESS: (CONTINUED)
PUBLIC HEARING ON PERMANENT LAND USE CLASSIFICATION FOR LAND ANNEXED UNDER ORDINANCE NO. 281:
It was moved by Councilman Farley, seconded by Councilman Sanders that a Public Hearing
W
before the Planning and Zoning CQmt44 Qn on July 9, 1974 at 7:30 P. M. for consideration
of the permanent land use classification, Application No. 10, for property annexed under
Ordinance No. 281. Motion passed 5 to 0.
ORDINANCE NO. 284 -AN ORDINANCE OF THE CITY OF PEARLAND ORDERING THE PAVING AND IMPROVEMENT
OF PORTIONS OF MCGINNIS DRIVE, TAYLOR LANE, WILLITS DRIVE, AND CREEKRIDGE DRIVE:
A discussion was held regarding the funding of additional street participation paving
r- in the City. City Manager Wolff advised that at the present time the Street Participation
Revolving Funds are invested in several projects which have not reached the point of
public hearings and subsequent payments by the property owners. When the hearings are
held and the property owners pay,the money will go back into the Revolving Fund. At the
present time the balance in the Fund will not permit any large projects to be undertaken.
It was moved by Councilman Sanders, seconded by Councilman Frank, on Ordinance No. 284
and subsequent ordinances of this nature, that the City cease and desist action until
such time as the City Manager can report to the City Council that we are,in fact, able
to proceed monetarily and mechanically. Motion failed 4 to 1. Councilmen Frank,
Councilman Reid, Councilman Griffin, and Councilman Farley voting "no". Councilman
Sanders voting "aye".
Ordinance No. 284 read in full by Councilman Frank and Councilman Reid.
It was moved by Councilman Reid, seconded by Councilman Farley that Ordinance No. 284
be passed and approved on first of two readings. Said Ordinance No. 284 reads in
caption as follows:
ORDINANCE NO. 284
AN ORDINANCE' DECLARING THE NECESSITY FOR AND ORDERING THE
PAVING AND IMPROVEMENT OF PORTIONS OF WILLITS DRIVE, CREEKPXDGE
DRIVE, MCGINNIS DRIVE, AND TAYLOR LANE, PEARLAND, TEXAS;
APPROVING PLANS AND SPECIFICATIONS FOR SUCH WORK; AUTHDRIZING
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, Councilman Sanders,
and Councilman Farley.
Voting "no" - None
Motion passed 5 to 0.
Sale of additional Time Warrants to keep the street participation program operating
to be placed on the next regular agenda.
OTHER BUSINESS: None
ADJOURN:
Meeting adjourned 9:30 P. M.
Minutes approved as submitted and/or corrected this1(*1,
da of , 1974,
Attest � . ,
Mayor
CI.ty 5ecxetaxy ,/