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1974-06-24 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF'•PEARLAND) 'TEXAS,-�iEL'`D ON JUNE 24, 1974, AT 7:30 P. M. IN THE CITY HALL, 2335 N.''TEXAS'AVENUEi'PRARLAND,"TEXAS The meeting was called to order with the following present: MAYOR COUNCILMAN COUNCILMAN COUNCILMAN CITY MANAGER CITY ATTORNEY CITY SECRETARY Carlton McComb Harry Farley Tom Reid Benny J. Frank William E. Wolff Bobby J. Williams Dorothy L. Cook COUNCILMAN Cecil W, Griffin (Entered 8:OO P. M.) COUNCILMAN Gene E. Sanders (Entered 8:10 P, M,) INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Council Chaplain Art Jones. The Pledge of Allegiance was led by Patricia Goldenberg. APPROVAL OF MINUTES: It was moved by Councilman Reid, seconded by Councilman Frank that the minutes of the regular meeting held on June 12, 1974, be approved as corrected, Motion passed3 to 0, MAYOR'S ACTIVITY REPORT: None COUNCIL ACTIVITY REPORTS: None DEPARTMENTAL REPORTS: 1. Request of Mrs. B. M. Jamison to extend sewer service to Tract 82, W, D, C, Mall Survey, Abstract 70. Mr. Wolff advised that Tract 82 is located in the area where the Marys Creek bypass crosses Dixie Farm Road and at the present time there is no- economical way, of extending service to the area. The plans for service to the area have been made in that there is a large trunk line dead -ending at the end of the Longwood Subdivision behind some property presently owned by Sam Vester. As this land between Longwood Subdivision and Mr. Vester's property develops the City could consider participation in the increasing the size of that line which will actually cross Highway 518 and enter all of the tracts east of Dixie Farm Road and Highway 518. 2. Completed streets under participation paving program. Mr. Wolff advised that we have two streets completed and ready for the public hearing to be called. One is Trelawney Drive in Twin Creek Woods, and the other is Franc6s Drive in Mimosa Acres. In the case of Francis Drive, we need an opinion from the City Attorney,as to whether or not a public hearing can be called since this street was included in the ordinance of necessity with another street. We need to know if all streets must be completed before a public hearing can be called. It was moved by Councilman Reid, seconded by Councilman Frank that the City Council call a public hearing at 7:30 P. M. on June 29, 1974 for Trelawney Drive and that the City Secretary provide the required notice for the newspaper. Francis Drive to be included if legally possible. Motion passed 2 to 0. Councilman Farley -abstained. M CITIZENS: None Order of business changed to permit item one under new business to be considered. NEW BUSINESS: APPOINTMENT OF ASSISTANT CITY SECRETARY: It was moved by Councilman Farley, seconded by Councilman Reid that Patricia Goldenberg be appointed as an Assistant City Secretary. Motion passed 3 to 0. Mayor McComb administered the Oath of Office to Mrs. Goldenberg. DOCKETED PUBLIC HEARINGS: 1. Application No. 9 - Request by Associated Equipment Company for change in land use from PU to C. Property located in Abstract 542 being 4,179 acres -of land out of Lot 52, Section Two, H. T. & B. RR Company Survey. Mayor McComb stated that the order of the hearing would be C11 Persons wishing to speak against the requested change; (2) Persons wishing to speak for the requested change; (3) Questions from the City Council; (4) Adjourn hearing. (1) PERSONS WISHING TO SPEAK AGAINST THE REQUESTED CHANGE None (2) PERSONS WISHING TO SPEAK FOR THE REQUESTED CHANGE - Mr. Joe Alverez,.Jr Secretary of the Associated Equipment Company, (3) QUESTIONS FROM THE CITY COUNCIL R None (4) ADJOURN HEARING UNFINISHED BUSINESS: ORDINANCE NO. 282, AN ORDINANCE DECLARING THE NECESSITY'FOR S'AY'ING AND IMPROVEMENT OF MEADOWVILLE DRIVE AND SHADYBEND DRIVE: Ordinance No. 282 read in full by Councilman Farley. (Second and final) It was moved by Councilman Farley, seconded by Councilman Frank that Ordinance No, 282 be passed and approved on second and final reading. Said Ordinance No. 282 reads 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 SPECIFICATIOONS 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, 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 Farley, Councilman Griffin, Councilman Reid, and Councilman Frank. [L� Voting "no" - None Motion passed 4 to 0. Decision of the Council regarding the paving of Shadybend Drive on a priority basis to be placed on next regular agenda. ORDINANCE NO. 284, AN ORDINANCE DECLARING THE NECESSITY FOR PAVING AND IMPROVEMENT OF PORTIONS OF WILLITS DRIVE, CREEKRIDGE DRIVE, MC GINNIS DRIVE, AND TAYLOR LANE: Ordinance No. 284 read by Councilman Reid and Councilman Frank. (Second and final reading). It was moved by Councilman Reid, seconded by Councilman Frank that Ordinance No. 284 be passed and approved on second and final reading. Said ordinance No. 284 reads- in eads in caption as follows: ORDINANCE NO. 284 AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE PAVING AND IMPROVEMENT OF PORTIONS OF WILLITS DRIVE, CREEKRIDGE DRIVE, MCGINNIS DRIVE, AND TAYLOR LANE, 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, VERNOW S REVISED CIVIL STATUTES; PROVIDING THE MANNER IN WHICH AND BY WHOM THE COST OF SUCH IMPROVEMENT ;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 PROVIS'TONS' 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. ENGINEER'S ESTIMATES - WILLITS DRIVE, CREEKRIDGE DRIVE, MC GINNIS DRIVE, AND'TAYLOR LANE; MATERIAL AMOUNT WILLITS Base Hauling Hauling Base 1st Rock Course 2nd Rock Course Unloading Rock Asphalt EQUIPMENT AND LABOR Maintainer: Water Truck Flat Wheel Roller Sheepfoot Roller Dump Truck Spreader Box Distributor Box Labor & Supervision 768 cu. yds @$3.50 $ 2,668.00 " hrs. 1.45 1,113.60 69 tons 5.65 389.85 34 tons 6.85 232.90 103 tons 0.40 41.20 2,730 gals 0.36 982.80 TOTAL $5,448,35 37 hrs. @ $14.50 536.50 37 hrs. 8.00 296.00 18 hrs. 8.00 144.00 37 hrs. 10.00 370.00 13 hrs. 8.00 104.00 7 hrs. 4.00 28.00 9 hrs. 12.00 108.00 450.00 TOTAL $ 2,036,50 Legal, Administrative & Engineering Total Equipment & Labor Total Material Project length 1?024 ft. Av. Cost $7,53 22500 2,261.,50 $ 5,448.35 MATERIAL Base Material Hauling Base 1st Course Rock 2nd Course Rock Unloading Rock Asphalt EQUIPMENT & LABOR Maintainer Water Truck Flat Wheel Roller Sheepfoot Roller Dump Truck Spreader Box Distributor Truck Labor & Supervision 740.00 TOTAL $ 8,939.43 TOTAL $ 3,310,00 Legal, Administrative & Engineering . 350.00 Total Equipment & Labor 80-939.43 Total Estimated Cost ..................................................$ 12,599.43 Total Length 1,681 ft. Cost per foot $7.50 Estimated MATERIAL Base Material Hauling Base 1st Rock Course 2nd Rock Course Unloading Rock Asphalt EQUIPMENT AND LABOR Maintainer Water Truck Flat Wheel Roller Sheepfoot Roller Dump Truck Spreader Box Distributor Truck Labor & Supervision AMOUNT 744 cu yds @ 3.50 744 cu yds 1.45 67 tons 5.65 COST AMOUNT 6.85 CREEKRIDGE DRIVE 1,261 cu yds. @ $3.50 $ 4-,413.50 1,261 cu yds 1.45 1,828.45 112 tons 5.65 632.80 56 tons 6.85 383.60 168 tons 0.40 67.20 4,483 gals 0.36 1,613.88 60 hrs 14.50 870.00 60 hrs 8.00 480.00 30 hrs 8.00 240.00 60 hrs 10.00 600.00 21 hrs 8.00 168.00 11 hrs 4.00 44.00 14 hrs 12.00 168.00 740.00 TOTAL $ 8,939.43 TOTAL $ 3,310,00 Legal, Administrative & Engineering . 350.00 Total Equipment & Labor 80-939.43 Total Estimated Cost ..................................................$ 12,599.43 Total Length 1,681 ft. Cost per foot $7.50 Estimated MATERIAL Base Material Hauling Base 1st Rock Course 2nd Rock Course Unloading Rock Asphalt EQUIPMENT AND LABOR Maintainer Water Truck Flat Wheel Roller Sheepfoot Roller Dump Truck Spreader Box Distributor Truck Labor & Supervision AMOUNT 744 cu yds @ 3.50 744 cu yds 1.45 67 tons 5.65 33 tons 6.85 100 tons 0.40 2,645 gals 0.36 COST MC GINNIS DRIVE $ 2,604.00 1,078.80 378.55 226.05 40.00 952.20 36 hrs 14.50 522.00 36 hrs 8.00 288.00 18 hrs 8.00 144.00 36 hrs 10.00 360.00 13 hrs 8.00 104.00 6 hrs 4.00 24.00 8 hrs 12.00 96.00 437.00 TOTAL $ 5,279.60 TOTAL $ 1,975.00 Legal, Administrative & Engineering 200.00 Total Equipment & Labor $ 2,175.00 Total Material 5,279.60 Total Estimated Cost ....................................................$ 7,454.60 Total Approximate Length 992 ft. Average Cost per foot $7.51 MATERIAL `AMOUNT .COST -TAYLOR LANE Base Material 1,388 cu yds @ $3.50 $ 4,858.00 Hauling Base 1,388 cu yds 1.45 2,012.60 lst Rock Course 124 tons 5.65 700.60 2nd Course Rock 62 tons 6.85 424.70 Unloading Rock 186.tons 0.40 74.40 Asphalt 4,933 gals 0.36 1,775.88 EQUIPMENT & LABOR Maintainer 66 hrs 14.50 Water Truck 66 hrs 8.00 Flat Wheel Roller 33 hrs 8.00 Sheepfoot Roller 66 hrs 10.00 Dump Truck 23 hrs 8.00 Spreader Box 12 hrs 4.00 Distributor Truck 16 hrs 12.00 Labor & Supervision 957.00 528.00 264.00 660.00 184.00 48.00 192.00 814.00 TOTAL $ 9,846.18 TOTAL $ 3,647.00 Legal, Administrative & Engineering 383.00 Total Equipment & Labor 4,030_;00 Total Material 9846;18 Total Estimated Cost ..................................................... $13,876.18 SUBMITTED BY Malcolm A. Collins, P. E. RESOLUTION NO. 74--14 t RESOLUTION -AUTHORIZING THE MAYOR TO EXECUTE"AGREEMENT'FOR KNAPP ROAD RAILWAY GRADE CROSSING SIGNALS: The Agreement with the State and A. T. & S. F. Railway Company for installation of automatic grade crossing protection devices on Knapp Road was brought before the City Council for consideration. A Resolution was read by Mayor McComb (Resolution No. 74n131 authorizing the execution of this Agreement. (Agreement dated June 7, 1974) It was moved by Councilman Frank, seconded by Councilman Griffin that Resolution No, 74-13 be approved on first and final reading. Resolution No. 74-13 reads in caption as follows: RESOLUTION NO. 74-13 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AGREEMENT WITH THE STATE OF TEXAS AND THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY FOR THE INSTALLATION OF GRADE CROSSING PROTECTION SIGNALS ON KNAPP ROAD. Voting "aye" - Councilman Frank, Councilman Reid, Councilman Griffin, Councilman Sanders, and Councilman Farley. Voting "no" - None Motion passed 5 to 0. It was moved by Councilman Griffin, seconded by Councilman Sanders that funds for the City's portion of this project (10%) in the amount of $ 1,908.98 be allocated from the Council Contengency Fund. Motion passed 5 to 0. City Manager Wolff stated that he had contacted Brookside Village, who had by REsolution W agreed to pay one-half of the $1,908.96. YOST ROAD WATER LINE: A discussion was held regarding a previous o ion passed by the City Council regarding /nee�etd the amount of right of way on Yost Road for extension of water service to area residents. The previous motion stated "consistent right-of-way easement". Councilman Farley advised that since no prerequisite has been set on this road, therefore, he felt that a motion should be made clarify the wording of the previous motion. Councilman Farley moved that the City Manager be instructed to extend temporary service of a two inch water line on Yost Road contingent upon the receipt of 10 foot right-of-way road easement, from the requesting residents. Motion seconded by -Councilman Griffin.— Motion passed 4 to 1. Councilman Sanders opposed. AUDITORS FOR FISCAL YEAR ENDING SEPTEMBER 30, 1974: It was moved by,Councilman Griffin, seconded by Councilman Sanders that the firm of Earl Lairson & Company be retained by the City to make the annual audit for the fiscal year ending September 30, 1974. Fee for the service not to exceed $3,000.00 plus out-of-pocket expenses. Motion passed 5 to 0. RESOLUTION 74-14, A RESOLUTION AUTHORIZING AND GIVING NOTICE OF INTENTION TO ISSUE TIME WARRANTS: The City Manager advised that he has listed all of the street paving projects approved by the City Council and as yet not started. Also, that he has taken the footage and applied the current cost for materials alone and these project yet to be started would require $116,000.00 worth of material. This figure totally disregards any money that would be returned to the revolving street fund from completed projects. He advised that he felt that approximately 50% of the $116,000.00 would be needed to carry on this program. The Council discussed this matter and decided that authorization should be for $60,000.00, with an interest rate not to exceed 6 1/2% and maturing serially over a period of years not to exceed six, with maximum maturing date not later than August 1, 1981. MEETING RECESSED 8:50 P. M. - RECONVENED 9:05 P. M. Councilman Sanders read Resolution No. 74-14 in full. It was moved by Councilman Sanders, seconded by Councilman Griffin that Resolution No. 74-14 be passed and approved on first and final reading with the following amendments in Section 2 - Notice of Intention to Issue Time Warrants - "Said Time Warrants to bear interest at a rate not to exceed a maximum of six and one-half (6 1/2%) per annum" instead of 6%, and "maturing serially over a period of years not to exceed six years from their date or dates, with maximum maturing date not later than August 1, 1981." be inserted in the Resolution. Voting "aye" - Councilman Farley, Councilman Sanders, Councilman Griffin, Councilman Reid, and Councilman Frank. Voting "no" - None Motion passed 5 to 0. AM• ORDINANCE NO. 246-6, AMENDMENT TO THE LAND USE ORDINANCE: Mayor McComb read Ordinance No. 246-6 in full. (First Reading) It was moved by Councilman Griffin, seconded by Councilman Farley that Ordinance No. 246-6 be passed and approved on first reading. Said Ordinance No. 246-6 reads in caption as follows: ORDINANCE NO. 246-6 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS AMENDING ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS; PROVIDING FOR AMENDMENT TO THE LAND USE DISTRICT MAP, PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Application No. 9 - Associated Equipment Company, Inc. presently classified as Planned Unit Development District changed and re-classified as a Commercial District. Voting "aye" - Councilman Farley, Councilman Sanders, Councilman Griffin, Councilman Reid, and Councilman Frank. Voting "no" - None Motion passed 5 to 0. APPROVAL OF TRAFFIC ENGINEER'S REPORT NO. 20: The recommendation of the Traffic Engineer dated June 19, 1974, was read by the City Attorney as follows; The report of the Traffic gngineer submitted on the 19th day of June, 1974, 0 concerning the installation/traffic control devices described as follows; 1. One Stop Sign facing North on Union Valley, for traffic to stop before entering onto Robinson Drive. 2. One Stop Sign facing South on Union Valley, for traffic to stop before entering onto Robinson Drive. 4. One Stop Sign facing in a Southwesterly direction on Wheatridge, for traffic to stop before entering onto Robinson Drive. 5. One Stop Sign facing in a Northeasterly direction on Wheatridge, for traffic to stop before entering onto Robinson Drive. located at the above locations in the City of Pearland, Texas." It was moved by Councilman Farley, seconded by Councilman Griffin that the Acting Traffic Engineer's Report No. 20 dated June 19, 1974 pursuant to his authority, be entered into the minutes of this meeting, and the official traffic devices located in the City of Pearland are hereby affirmed and ratified and the same are hereby officially declared to be official traffic devices in and for the City of Pearland, Texas. Motion passed 5 to 0. EXECUTIVE MEETING ON PERSONNEL RECESSED AT 9:15 P. M. RECONVENED 10:05 P. M. Mayor McComb stated that no action would be taken at this meeting regarding personnel. OTHER BUSINESS: None ADJOURN: Meeting adjourned 10:07 P. M. Minutes approved as submitted and/or corrected this the day of ` A. D. 1974. U Mayor, City of Pearland, Texas ATTEST: City Secretary