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1988-03-28 CITY COUNCIL REGULAR MEETING MINUTES12 MDUM OF A REGULAR MMM OF !ME CITY C=L7IL OF THE CITY OF PEARIAM, TEXAS, HELD ON MARCH 28, 1988, AT 7:30 P. M. IN THE CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The meeting was called to order with the following present: Mayor Tom Reid Councilmember/Mayor Pro Tem Richard Tetens Councilmember Councilmember Councilmember Councilmember Assistant City Manager Public Works Director City Secretary Stella Roberts James Bost Dennis Frauenberger William Wolff Donald Birkner William Thomasset Kay Krouse Absent from the Meeting: City Attorney Luke Daniel INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Al Stryk, Knights of Columbus Council #8960. The Pledge of Allegiance was led by Councilmember William Wolff. APPROVAL OF It was moved by Councilmember Tetens, seconded by Councilmember Bost, that the Minutes of the Regular Meeting of March 14, 1988, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Reid proclaimed the week of April 1-7, 1988 as Texas and Pearland Business and Industry Week. Sharon Wicker and Paula Scardino accepted the proclamation on behalf of the Chamber of Commerce. Mayor Reid issued a proclamation proclaiming Saturday, April 16, 1988 as the First Annual Crawfish Jamboree in Pearland. Al Stryk and two other members of the Knights of Columbus Council #8960 accepted the proclamation. Councilmember Billy Wolff reported he will be available to meet with various individuals who wish to talk to a member of the City Council. He will set aside the second Saturday in each month from Noon to about 4:00 P.M. to be available to speak to these individuals here at City Hall, and Mr. Wolff said, he would welcome any of the Councilmembers who wish to join him at that time. City Manager Ron Wicker reported the contractor for the FM 518 widening project has set up a storage yard on FM 518 east near Woodcreek and work should begin very shortly on the project. Mr. Wicker said he would like to remind everyone, especially the press, that the widening project will take about two years and during that time it will be very inconvenient traveling on FM 518 from Westminster to the Friendswood city limits. 1. Rosalie Olah, Chairman of the Pearland Library Board. Mrs. Olah gave an update on the Pearland Library system and on behalf of the Library Board thanked Council for all their support, both in the past and in the future. 2. Dave Miller, 2706 Shady Creek. Mr. Miller was not present to speak. l3 3. Pat Eilers, Member of the Zoning Board of Adjustment. Mrs. Eilers spoke on behalf of the board members of the Zoning Board of Adjustment requesting Council consideration of appointing a Council liaison to the Zoning Board of Adjustment. The Board members feel, Mrs. Eilers said, that this would give Council more insight into the activities of the Board. 4. Tom Alexander, 2411 S. Park. Mr. Alexander spoke to Council about his concerns with the City's capital recovery fees for subdividers; and the negative effect, he feels, these fees have on subdivision development in our City. In addition, Mr. Alexander questioned why the City was paying an outside engineering fine to do a study so the City could charge a capital recovery fee, as required by a recent law passed by the legislature. He also requested that Council secure a ruling from the Attorney General of Texas on the legality of using funds from the capital recovery fees to pay for this study. He further stated he would like a full report on this expenditure. City Manager Ron Wicker advised that Frank Ildebrando from Underwood Neuhaus was present to explain the procedures which need to be followed in order to sell bonds to cover the City's share of the cost of the FM 518 widening. Mr. Ildebrando stated he had previously submitted, for Council's review, copies of the official Notice of Sale of Bonds and Preliminary Official Statement. After the needed corrections are made, with Council approval, the bid documents will be printed and mailed out this Thursday setting the sale of the bonds for Monday, April 11 and bids will be accepted that evening. It was moved by Councilmember Wolff, seconded by Councilmember Frauenberger, that everything Council needs to do to expedite the sale of these bonds, that we, in fact, approve and do. Motion passed 5 to 0. IN THE MIER OF BUSINESS NEW BUSDIESS (CONTINUED) AGFEEKENT BETG1EEN CITY OF PEARLAND AMID UNITED WAY OF BRAZOEMA COUNTY TO LEASE TAE OLD CITY HALL BUILDING City Manager Ron Wicker explained that City Attorney Luke Daniel was out of town this evening, but he had prepared a memo for Council review in which he pointed out several areas of concern in the agreement that he felt needed to be resolved. Mr. Wicker suggested that Council might like to wait and discuss the details of the recommended changes in the agreement with Mr. Daniel when he returns. It was moved by Councilmember Wolff, seconded by Councilmember Bost, that this item be tabled and copies of Mr. Daniel's memo to the Mayor and City Council be made available to the United Way representatives so they might peruse it and possibly come back with authorization to modify the contract accordingly. In Council discussion it was pointed out that when an agreement is reached, a Special Meeting could be called, if need be, to act on this matter. Motion passed 5 to 0. Mayor Reid requested Councilmember Tetens to chair a committee, working with Councilmember Wolff, City Attorney Luke Daniel and United Way representatives to work out an agreement favorable to both parties. IIINP'IlVISHED BUSINESS ORDUW= NO. 509-A, ORDINANCE AKDODU THE ZONING ORDINANCE OF ME CITY OF PEAM", BY ADDING SIGN R GUI ATIONS AND PROVIDING A PENALTY FOR VIOLATION Ordinance No.. 509-A was read in caption by Councilmember Wolff. (Second reading) It was moved by Councilmember Wolff, seconded by Councilmember Bost, that Ordinance No. 509-A be passed and approved on the second and final reading. Said Ordinance No. 509-A reads in caption as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE ZONING ORDINANCE OF THE CITY OF PEARLAND BY AMENDING SECTION 3 THEREOF TO ADD AND DELETE CERTAIN DEFINITIONS; BY ADDING A NEW SECTION 22, SIGN REGULATIONS; BY DELETING CERTAIN USES FROM TABLE III OF APPENDIX 'A'; AND BY ADDING A NEW TABLE VII THERETO; REQUIRING PERMITS; RESTRICTING SIZE, LOCATION, SPACING AND TYPES OF SIGNS GENERALLY AND BY ZONING DISTRICT; FURTHER REGULATING PORTABLE SIGNS; PROHIBITING CERTAIN SIGNS; PROVIDING FOR ABATEMENT OF UNSAFE SIGNS; REQUIRING REGISTRATION; PROVIDING FOR APPLICATION OF PROVISIONS TO THE EXTRATERRITORIAL JURISDICTION OF THE CITY; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Wolff, Frauenberger, Tetens, Bost and Roberts. Voting "No" - None. Motion passed 5 to 0. APPOINTMENT OF ALTERNATE BOARD MEMEM TO 71XUM BOARD OF ADJUSTMENT It was moved by Councilmember Bost, seconded by Councilmember Roberts, that Mr. Bruce Foster and Mr. Joe Fowler be appointed as alternates to the Zoning Board of Adjustment. Motion passed 5 to 0. CALL OF PUBLIC HEARING FOR MAY 2, 1988, ON LAND USE ASS)MMONS Mayor Reid advised that, upon the recommendation of the City Manager, this item will be passed to a future agenda. AWARD OF BID NO. B88-46, CONSTN=ION OF FINAL COVER AT PEARI" SOLID WASTE LANDF II L, PHASE 1 Council reviewed the following bids: COMPANY LUMP SUM BID BID BOND REBEL CONTRACTORS, INC. $275_,698.50 YES PYRAMID DEVELOPERS 253,403.00 YES SCI CONTRACTORS, INC. 341,682.95 YES It was moved by Councilmember Tetens, seconded by Councilmember Frauenberger, that Bid No. B88-6 be awarded to Pyramid Developers in the amount of $253,403.00 and payment be made from the appropriate funds. Motion passed 5 to 0. APPOINTMENT OF BOARD MEMBER ON M.U.D. 16 TO FILL VACANCY CREATED BY RESIGNATION OF WILLIAM IAM WOLF It was moved by Councilmember Wolff, seconded by Councilmember Tetens, that Mr. William McClelland be appointed as board member to represent the City on M.U.D. 16. Motion passed 5 to 0. 15 .APPROVAL OF PLANS AMID AUTHORIZATION TO BID 5,000 BARREL GROUND STORAGE TANK AND BOOSTER PUMP FOR REAR OF GREEN TEE SUBDIVISION City Manager Ron Wicker explained this is a bolted tank which will, when installed, provide better pressures in areas at the rear of Green Tee Subdivision. This will give us approximately 220,000 gallons of storage capacity; and for daily service and for fire fighting service we will have adequate water supply in that portion of the City. It was moved by Councilmember Frauenberger, seconded by Councilmember Roberts, that Staff be authorized to advertise for bids for the installation of a 5,000 barrel I ground storage tank and supporting booster pumps for the rear of Green Tee Subdivision. Motion passed 5 to 0. Mayor Reid advised that there would be no need for an Executive Session this evening. ADJOURN. The meeting adjoumed at 8:20 P. M. Minutes approved as submitted and/or corrected this fl day of A. D., 1988. ATTEST: City 56cretary ��