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1972-10-09 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE PEARLAND CITY COUNCIL HELD ON OCTOBER 9, 1972, AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVEM~E, PEARLAND, TEXAS. · The meeting was called to order by Mayor McComb with the following present: Mayor Councilman Councilman Councilman City Manager City Secretary Carlton McComb E. A. Wasek Gene E. Sanders James O. DeShazer William E. Wolff Dorothy L. Cook Absent: Councilman " Councilman " City Attorney Cecil W. G~±ffin Benny J. Frank Bobby J. Williams INVOCATION & PLEDGE OF ALLEGIANCE: The invocation was given by Dr. Forrest Hawkins. by Councilman Sanders. The Pledge of Allegiance was led APPROVAL OF MINUTES: It was moved by Councilman DeShazer, seconded by Councilman Wasek that the minutes of the regular meeting held on September 25, 1972 be approved as corrected. Motion passed 3 to 0. The following correction noted: Page 116 - Vote on Ordinance No. 238 "Motion passed 4 to 1". It was moved by Councilman DeShazer, seconded by Councilman Wasek that the minutes of a It was moved by Councilman Sanders, seconded by Councilman DeShazer that the following checks be approved for payment: General Fund Payroll Water & Sewer Payroll General Fund Expenditures Water & Sewer Expenditures Sewer Construction Nos. 6665 through 6658 6671 through 6713 6659 through 6670 4765 through 4845 5801 through 5817 203 Motion passed 3 to 0. MAYOR'S ACTIVITY REPORT: 1. Revenue Sharing Allocation: Mayor McComb stated that he was not happy over the amount of money Pearland ' is to receive under the Revenue Sharing Bill recently passed in the United States Congress. Information received indicates that other Cities in Brazoria County with comparable population will receive more money than the City of Pearland. COUNCIL ACTIVITY REPORTS: - None DEPARTMENT/UL REPORTS - None CITIZENS - None DOCKETED PUBLIC HEARINGS - None UNFINISHED BUSINESS: OPENING OF BIDS - POLICE PATROL AUTOMOBILES ~ BID NO. B72-8: Bids opened as follows: Vendor Bud Brown Ford Pasadena Dodge (3) Police Patrol Automobiles Pearland Bid Security Terms Del Date Warranty AlternAl~ (1) $3710.08 C.C. (3) 11,130.24 $556.11 .... (1) 3562.05 Bid Bond - 40 to 60 days ~ Trade-in (4) 14,248.20 69 $400.00 68 300.00 6927.00 C.C. 3457.30 $520.00 Gulf Coast (2) Dodge, Inc. (1) Jack Sollock Chrysler-Ply (1) 3462.00 Trade-in (3) 10,386.75 C.C. Allowance $519.34 - - - $900.00 Bid to be awarded at a later time in the meeting. SECOND AND (FINAL) READING - ORDINANCE NO. 239 AT A REGULAR MEETING: Ordinance No. 239 read in full by City Manager Wolff. It was moved by Councilman Wasek, seconded by Councilman DeShazer that Ordinance'No. 239 be passed and approved on second and final reading at a regular meeting of the City Council. Siad Ordinance No. 239 reads in caption as follows: ORDINANCE NO. 239 AN ORDINANCE OF THE CITY OF PEA~D, TEXAS, CLOSING THE HEARING ON SPECIAL ASSESSMENT AGAINST THE OWNERS OF CERTAIN REAL PROPERTY ABUTTING CERTAIN PORTIONS OF ROBINSON DRIVE WITHIN THE CITY OF PEARLAND, TEXAS FINDING AND DETERMINING THE SPECIAL BENEFITS TO EACH PARCEL OF ABUTTING PROPERTY AND THE ENCHANCEMENT OF VALUE OF EACH PARCEL OF ABUTTING PROPERTY BY REASON OF THE CONSTRUCTION OF IMPROVEMENTS TO SAID PORTIONS OF SAID STREETS; DECLARING THE AMOUNT OF ASSESSMENT AGAINST SAID ABUTTING PROPERTIES AND LEVYING SAME AGAINST SAID PROPERTIES, AND DECLARING AN EFFECTIVE DATE. Voting "aye" - Councilman Sanders, Councilman DeShazer, and Councilman Wasek. Voting "no" - None Motion passed 3 to 0. SECOND AND (FINAL) READING - ORDINANCE NO. 240 AT A REGULAR MEETING: Ordinance No. 240 read in full by Mayor McComb. It was moved by Councilman Sanders, seconded by Councilman Wasek that Ordinance No. 240 be p~Ssed and approved on second and final reading at a regular meeting of the City Council. Said Ordinance No. 240 reads in caption as follows: ORDINANCE NO. 240 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS ACCEPTING STREET IMPROVEMENTS ON ROBINSON DRIVE Voting "aye" - Councilman Sanders, Councilman DeShazer, and Councilman Wasek.. Voting "no" - None Motion passed 3 to 0. CONSIDERATION OF AGREEMENT WITH A. T. & S. F. RAILWAY COMPANY FOR REMOVAL OFDEPOT BUILDING: Mayor McComb read a letter from Mr. H. L. Lewis, Superintendent of the A. T. & S. F. Railway Company dated September 27, 1972 regarding cleaning of debris from the depot ~teTM- after removal of the building. Mr. Lewis stated in the letter that it appears in order for the City to clean all resulting debris from the area and to fill any low area under the building by using material at the site to level the area. It was moved by Councilman DeShazer, seconded by Councilman Sanders that the Mayor be authorized to sign the Agreement with the Atchison, Topeka and Santa Fe Railway Company with the amendment of Mr. Lewis' letter of September 27, 1972. Also, the Mayor to write a cover letter to Mr. Lewis accepting the old Pearland station and express our appreciation. Motion passed 3 to 0. ACCEPTANCE OF PRELIMINARY ENGINEERING REPORT - PROPOSED TERTIARY TREATMENT ADDITIONS TO WASTEWATER TREATMENT PLANTS - CITY OF PEARLAND: City Manager Wolff advised that the City Engineer's recommendation in the Report relates to a process for a filtering of wastewater effluent that is manufactured by the Johns~Manville Company. , This process is a warranted process contingent upon them being permitted to run a pilot plant test for a period of a week or so at our plant, to determine the true concentration of Phosphates and the true nature of our waste~ water. Some cost will need to be negotiated for this pilot plant test, this cost to be reclaimed by the City if in fact their process is purchased and the modifications are constructed. After acceptance of this Report and notification of the acceptance to the Water Quality Board, the next step will be to have the p~lot plant study run · to determine whether or not our wastewater effluent is of such a quality that i' ~. Johns Manville would be willing to guarantee that this process would fall within the requirements of 69-9A. If it is determined that Johns Manville will warrant its-' process, then the City would authorize development of the conatruction drawings and after that we will need to get into the details of financing. It was moved by Councilman Sanders, seconded by Councilman DeShazer that the City accept the Preliminary Engineering Report on proposed tertiary treatment additiohs' to wastewater treatment plants for the City of Pearland as submitted by Walsh Engineer, Inc. Motion passed 3 to 0. It was moved by Councilman DeShazer, seconded by Councilman Wasek that the City Manager be authorized to negotiate a contract price for the pilot study by Johns Manville Company. Motion passed 3 to 0. Contract price to be approved by City Council at the next regular meeting. NEW BUSINESS: GENERAL AGREEMENT ON CONTINUED DEVELOPMENT OF THE EAST PORTION OF SLEEPY HOLLOW SUBDIVISION: City Manager'Wolff advised that the Council had met with representatives of the Pearland Land & Investment Company in a work session on October 3, 1972, and as a result of this meeting there was a general agreement to be formulated. This Agreement to be accepted by the Pearland Land & Investment Company and the City Council. The general area covered by this Agreement was first of all, that the owners would secure a new estimate on the construction of streets covered under a previous agreement. This previous Agreement referred to dates back to 1968. This Agreement covered streets adjacent to Blocks 10 and 12 of Sleepy Hollow Subdivision. Second,, that construction funds would be placed in an escrow account with the City by Pearland Land & Investment Company and any cost above this amount would be paid by the Pearland Land & Investment Company. Third, that normal street participation on Taylor Lane and McGinnis to be paid to the City. This would be normal street participation on that portion of Taylor Lane and McGinnis outside of Sleepy Hollow Subdivision but does abut Lots 1 through 10 in Block 13. Fourth, that upon completion of the above conditions, the City would release building permits on Lots 1 through 10 in Block/{~ Sleepy Hollow. Fifth, the owner will install sanitary sewer lines in remainder of area, with City participating of oversizing of line on Sleepy Hollow Drive. Sixth, the City will release building permits on the remaining lots in the area as streets are constructed. Seventh, all street construction to comply with the standard for flexible base paving as were in effect in 1964, and a one year maintenance bond on all streets at the time such streets are accepted by the City. Eighth, on sewer connections made to the line laid for Joe Martin, there will be an additional participation charge in addition to the tap charge.~'. This charge will be in accordance with the City's adopted water & sewer extension policy. Ninth, the above mentioned steps will be followed in sequence. Mr. Roger May, representing the Pearland Land & Investment Company was present and indicated a desire to address the Council. It was moved by Councilman Sanders, seconded by Councilman DeShazer that the Council hear Mr. May. Motion passed 3 to 0. Mr. Mays stated that '~he felt that the item regarding sewer connections made to line laid for Joe Martin, ~,ei~gi~No'.'~HE~should be moved out as a statement or comment, rather then as an item in sequence. Also, the item regarding normal street participation on Taylor Lane, this in sequence actually as far as releasing the building permits, it could be that the Pearland Land & Investment Company would want the building permits released'L before the street was constructed, however, they would agree to participate in the street improvements. Mayor McComb advised Mr. May that the basic agreement as a result of the workshop for the building permits to be released involved two things:(1) Estimate of paving and that money put in escrow as it relates to streets abutting Blocks 10 and 12; (2) Some $2900.00 placed in escrow for normal participation on Taylor Lane and McGinnis Drive. Mr. May agreed with this statement, however, he requested that the item regarding sewer connections made to line laid for Joe Martin be shown in,the agreement as a statement or comment, rather than an item in sequence. Mayor McComb was agreeable to this portion of the request. It was moved by Councilman Sanders, seconded by Councilman DeShazer that the following Agreement be accepted with due note taken that representatives of the owner, same being Mr. Roger May and Mr. M. R. Swensen, have communicated to this Council that the owner is desirous of entering into such Agreement. This motion is made with the understanding that Item H of Agreement is not governed by sequential consideration, and that this item will be paid with and in addition to normal tap charge. Also, that this Agreement be formalized by letter, signed by both parties within 30 days. GENERAL AGREEMENT ON THE CONTINUED DEVELOPMENT OF THE EAST PORTION OF SLEEPY HQLLOW SUBDIVISION: Owner will secure a new estimate on the construction of streets covered under previous Agreement· Said streets being adjacent to Block 10 and Block 12. Construction cost of streets to be placed in escrow account with City. Any costs above estimate to be paid by owner. Normal street participation on Taylor Lane and McGinnis Drive to be paid to City. $2.00 per property foot abutting street improvements. He Upon completion of above conditions, the City will release building permits on Lots 1 - 10, Block 13. Owner will install all sanitary sewer lines in remainder of area ~ith City participation on the oversizing of line on Sleepy Hollow Drive. City will release building permits on the remaining lots in the area as streets are constructed. All street specifications to comply with the standards for flexible base paving as was in effect in 1964.when subdivision plat was originally approved. On sewer connections made to line laid for Joe Martin there will be an additional participation charge in addition to the normal tap charge. The above mentioned steps must be followed in sequence. Motion passed 3 to 0. DISCUSSION - CHANGING NEXT REGULAR MEETING DUE TO VETERAN'S DAY HOLIDAY: It was moved by Councilman DeShazer, seconded by Councilman Wasek that the next Council meeting be rescheduled to October 24, 1972, at 7:30 P. M. due to Veteran's Day Holiday. Motion passed 3 to 0. RECESS=: Meeting recessed at 8:40 P. M. - Reconv..enedat~8:48~.P..M. AWARDING OF BID - POLICE PATROL AUTOMOBILES: Chief of Police Singleton advised the Council that he recommended that the bid of Jack Sollock Chrysler Plymouth be accepted. This would be the alternate bid with trade in of the two automobiles for a total cost to the City of $9,486.75. It was moved by Councilman Sanders, seconded by Councilman DeShazer that based' on the recommendation of the Chief-of-Police, the Bid No. B72-8 be awarded to Jack Sollock Chrysler Plymouth.as the lowest and best bidder. Total bid to be $9,486.75 (Alternate Bid) with trade in of two cars listed in the bid. Motion passed 3 to 0. ADJOURN: It was moved by Councilman DeShazer, seconded by Councilman Wasek that the meeting adjourn. Motion passed 3 to 0. Meeting adjourned at 8:55 P. M. Minutes approved as submitted and/or corrected this A. D. 1972. Mayor day of ~~~j Attest: