Loading...
1988-05-23 CITY COUNCIL REGULAR MEETING MINUTES52 OF A REGULAR MMIW. OF THE CITY COIL OF THE CITY OF PEARL M, TEXAS HEIS ON MAY 23, 1988, AT 7:30 P. M. IN THE CITY HALL, 3519 LIBERTY DRIVE, PEARIAM, TEXAS The meeting was called to order with the following present: Mayor Pro Tem Richard Tetens Councilmember Stella Roberts Councilmember James Bost Councilmember William Wolff Councilmember David Smith City Manager Ronald J. Wicker Interim City Attorney Robert Talton Assistant City Manager Donald Birkner Director of Public Works William Thomasset City Secretary Kay Krouse Absent from the Meeting: Mayor Tom Reid • • II D 111 5K 1 1 WA 0 VelN The invocation was given by Councilmember James Bost. The Pledge of Allegiance was led by Councilmember William Wolff. APPROVAL OF MINLYIES It was moved by Councilmember Bost, seconded by Councilmember Smith, that the Minutes of the Regular Meeting of May 9, 1988, be approved as presented. Motion passed 3 to 0. Councilmember Roberts abstained. It was moved by Councilmember Bost, seconded by Councilmember Roberts, that the Minutes of the Special Meeting of May 16, 1988, be approved as presented. Motion passed 4 to 0. It was moved by Councilmember Roberts, seconded by Councilmember Bost, that the Minutes of the Joint Public Hearing of May 16, 1988, be approved as presented. Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT - None Councilmember Wolff reported he met with the Brazoria County Drainage District this morning regarding the placement of pipe in the right-of-way on the westerly side of Old Alvin Road from Walnut to Mary's Creek. The Drainage District informed that they would be happy to participate only in the cost of labor and the covering of the ditch. The total cost of the material to be used in the ditch would be the City's responsibility. Councilmember Wolff said he would like to request this item be listed as an agenda item for the next Council meeting for he feels this is a serious hazard in need of consideration by the entire Council. Councilmember Roberts reported the Keep Texas Beautiful judges came to Pearland today. We are in the finals for the Governor's Community Achievement Award in our population category. Councilmember Roberts said the winner will be announced this Friday, and if we win, we will get $50,000 worth of landscaping for our city. Councilmember Roberts asked the media to please get the "word out" to let all the businesses and individuals know how much Clean Pearland appreciated all their wonderful help in "sprucing up" the City. 53 NEW BUSINESS RESOLUTION NO. R88-14, A RESOLUTION OF THANKS TO DENNIS FRAUENSERGER FOR THE UNSF.iF M CQNTRIHIR'ION OF HIS TIME AM TALENT IN HIS TERNS ON TFE CITY COLMIL Resolution No. R88-14 read in its entirety by Mayor Pro Tem Richard Tetens. It was moved by Councilmember Bost, seconded by Councilmember Roberts, that Resolution No. R88-14 be passed and approved on the first and only reading. Said Resolution No. R88-14 is a Resolution of Thanks for the service and contribution to the City of Councilmember Dennis Frauenberger. Voting "Aye" - Councilmembers Wolff, Smith, Bost and Roberts. Voting "No" - None. Motion passed 4 to 0. Mayor Pro Tem Tetens presented the Resolution and plaque from the City Council to Dennis Frauenberger; in addition, his Council portrait and nameplate were also presented to Mr. Frauenberger. CITIZENS 1. Robert Parker, Inland Geophysical, Inc. Mr. Parker said his company had been contacted to do some geophysical work in and around the Pearland area.. Just this last week this work has been passed on to Digicon Geophysical Corp.. and Mr. Bobby Smith, with that company, was present to speak to Council. Mr. Smith informed Council he was not prepared to make a presentation tonight but did give each of the Council a map of the proposed lines through the City for Council's review .and recommendation of any changes. Mr. Smith told Council that his company will be using air gums and no dynamite within the City limits. ..- 2. Walter High, 2518 Ash Road.. Mr. High advised he was a member of the Senior Citizen's group in Pearland and a rumor has been circulating through his group that a Council person has made a statement that the City of Pearland is doing entirely too much for the senior citizens of Pearland. He did not elaborate on the matter but did present Council with a petition signed by 88 senior citizens which stated: "We the undersigned want to express our heart -felt thanks and appreciation. for al l that the City of Pearland has done for the Senior Citizens of this area." Mr. High said that all the senior citizens felt that way and they do care what the City of Pearland is doing for them. PURPOSE OF THE HEARING: A REQUEST BY TEXAS -NEW MEXICO POWER COMPANY FOR A RATE INCREASE NO ONE SIGNED THE SIGNATURE ROSTER PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST - None It was moved by Councilmember Wolff, seconded by Councilmember Bost, that as no one representing Texas -New Mexico Power Company was present tonight, the hearing be postponed. Interim City Attorney Robert Talton advised that if no action is taken by the City within 30 days after Texas -New Mexico filed its Statement of Intent to change its rates, which in this case was April 29, 1988, then the rates would go into effect on June 3, 1988. Councilmember Wolff withdrew his motion, as well as the seconder Councilmember Bost. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST 1. Dan Keller, 2103 Mary's Creek West There followed a brief question and answer period. T HEARING CLOSED AT 7:59 P. M. iA�iE'Il� BUSINESS MOTION TO REMOVE F1ROM TAHIE OADINAICE N0. 550, ORDINANCE ABADIDMN= STREET RIGHT-OF- WAY OFF MAGNOLIA AND HIGHWAY 35 It was moved by Councilmember Bost, seconded by Councilmember Roberts, that Ordinance No. 550 be removed from table to be discussed at this time. Motion passed 3 to 1. Councilmember Wolff voted against. ORDINANCE NO. 550, ORDINANCE ABANDONING STREET RIGHT-OF-WAY OFF MAGNOLIA AMID HIGEIWAY 35 City Manager Ron Wicker explained the Council packets contained a letter from Brett Locke of Walsh Engineering stating that the acreage of the new drainage easement being given by Homco is 1.454 acres and the acreage being released from public domain is 0.610 acres. Also included in the packets were a map showing the location of the proposed easement and the proposed release of right-of-way. Mr. Wicker said he would recommend Council authorize the Mayor to execute the necessary papers and receive the easement the same time the abandonment takes place. In answer to Council's question, Mr. Wicker stated it was the intent that the easement go to the Drainage District. In Council discussion it was pointed out that the proper easement of dedication to some entity, either the City or the Drainage District, should be prepared before the second reading of the ordinance. Ordinance No. 550 was read in caption by Councilmember Roberts. (First Reading) It was moved by Councilmember Smith, seconded by Councilmember Bost, that Ordinance No. 550 be approved on the first of two readings with the stipulation that when the Mayor executes the necessary papers for abandonment, the simultaneous exchange of the drainage easement takes place. Said Ordinance No. 550 reads in caption as follows: WO 1 O�1 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, VACATING, RELINQUISHING AND ABANDONING A CERTAIN RIGHT-OF-WAY LOCATED IN THE A.C.H. & B.R.R. COMPANY SURVEY SECTION 2, ABSTRACT 507, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS. Voting "Aye" - Councilmembers Roberts, Bost, Smith and Wolff. Voting "No" - None. Motion passed 4 to 0. COUNCIL EECISION ON REQUEST BY INLAND GROPHYSICAL, INC. TO (ArIDUCT GEOPHYSICAL SURVEY INSIDE CITY LIMITS OF PEARLAND This item was passed to a future agenda at which time Digicon Geophysical Corp. makes a presentation to the City. REWIMON NO. R88-15, RE9UL[TPION SUSPMIM RATES TO BE GYIA%H) BY TEXAS -NEW MEXICO POWER COMPANY FOR 90 DAYS Resolution No. R88-15 was read in its entirety by Councilmember Bost. It was moved by Councilmember Bost, seconded by Councilmember Roberts, that Resolution No. R88-15 be passed and approved on the first and only reading. Said Resolution No. R88-15 reads in caption as follows: RESOLUTION NO. 888-15 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, SUSPENDING THE OPERATION OF PROPOSED RATE SCHEDULES FILED BY TEXAS -NEW MEXICO POWER COMPANY FOR A PERIOD OF NINETY (90) DAYS BEYOND THE DATE ON WHICH SUCH SCHEDULES WOULD OTHERWISE GO INTO EFFECT. 55 Voting "Aye" - Councilmembers Wolff, Smith, Bost and Roberts. Voting "No" - None. Motion passed 4 to 0. EXCUSED ABSENCE FEE K4XR TOM REID FKZ REMLAR MWMG OF MAY 23, 1988 It was moved by Councilmember Bost, seconded by Councilmember Roberts, that Mayor Tom Reid's absence from the Regular Meeting of May 23, 1988 be excused. Voting "For" - Councilmembers Roberts and Bost. Voting "Against" - Councilmembers Smith and Wolff. Mayor Pro Tem Tetens voting "For" (Voting as per Section 3.01(b) of Pearland City Charter) Motion passed 3 to 2. Councilmember Roberts commented that this was probably the first absence in 8 years from a regular Council meeting for the Mayor. ORDINANCE NO. 551, ORDINANCE ADOPTING THE SOUTHERN STANDARD PLUMBING CODE, 1988 EDITION, AND PROVIDING A PENALTY FOR. VIOLATION THEREOF Ordinance No. 551 read in caption by Councilmember Smith. (First Reading) It was moved by Councilmember Smith, seconded by Councilmember Bost, that Ordinance No. 551 be passed and approved on the first of two readings. Said Ordinance No. 551 reads in caption as follows: ORDINANCE NO. 551 PM* AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,.AMEAIDING SECTIONS 23-1 AND 23-1.1 OF THE CITY CODE OF ORDINANCES, BY ADOPTING THE SOUTHERN STANDARD PLUMBING CODE, 1988 EDITION, AND MAKING CERTAIN AMEND- MENTS, MODIFICATIONS, ADDITIONS AND. DELETIONS THERETO; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Roberts, Bost, Smith and Wolff. Voting "No" - None. Motion passed 4 to 0. APPROVAL OF INVOICE NO. 3, BERNARD JORNS N INCOWORATED It was moved by Councilmember Bost, seconded by Councilmember Roberts, that Invoice No. 3, Bernard Johnson Incorporated for Pearland Facilities Plan in the amount of $6,080.00 be approved and payment made from the appropriate funds. Motion passed 2 to 1. Councilmember Wolff voted against. Councilmember Smith abstained. ABANDONMENT OF ROAD DEDICATION ACROSS ALEXANDER TRACT IN EXCHANGE FOR OTHER REAL PROPERTY City Manager Ron Wicker explained that for Council's review a survey map of the property was presented showing the existing unused roadway and the proposed 60' roadway; Ordinance No. 552 abandoning the unused roadway; and an easement prepared for execution by Elizabeth Nisbet, granting the 60' right-of-way easement to the City in exchange for the road abandonment. Mr. Wicker stated the proposed roadway, where it intersects Highway 35, seems to meet our subdivision requirements; but he wanted Council to be aware of one question that was raised concerning the adequacy of the 60' proposed roadway. Our Subdivision Ordinance, Mr. Wicker said, requires a collectorL-type street to be a minimum of 70' in width. 56 Councilmember Wolff questioned whether the owner of the abutting property, Aaron Pasternak, was agreeable to the proposed roadway continuing across his property. A. G. Crouch stated he was representing Liz Nisbet and Aaron Pasternak in regards to the dedication of the right-of-way across both properties. Mr. Pasternak has assured him, Mr. Crouch said, that he would dedicate the necessary right-of-way across his property. The calculated acreages involved, Mr. Crouch advised, were approximately 1-1/2 acres the City would give up versus 3.0408 acres of land to be dedicated to the City. There was a general discussion between Council and Mr. Crouch regarding the location of the 40' unused roadway on the Nisbet property and the proposed 60, right-of-way, from Highway 35 across the Nisbet property and going across the Pasternak property, and eventually tying into Liberty Drive. Councilmember Wolff informed that if the roadway, which will give access to the new high school develops into more demand than has been anticipated, as a result of the school, and at the time the property to the south of the school develops, the City would reserve its right to ask for additional dedication of land from the landowner; and, also, the City may ask that the traveled roadway not be in the center of that 60' dedication. Ordinance No. 552 was read in caption by Councilmember Wolff. (First Reading) It was moved by Councilmember Wolff, seconded by Councilmember Smith, that Ordinance No. 552 be passed and approved on the first of two readings. Said Ordinance No. 552 reads in caption as follows: OEDINANCE NO. 552 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, VACATING, RELINQUISHING AND ABANDONING A CERTAIN RIGHT-OF-WAY LOCATED IN THE A.C.H. & B.R.R. COMPANY SURVEY SECTION 2, ABSTRACT 507, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS. Voting "Aye" - Councilmembers Wolff, Smith, Bost and Roberts. Voting "No" - None. Motion passed 4 to 0. ELECTION OF A MAYOR PRO TEM Mayor Pro Tem Tetens advised this item would be passed until after Executive Session. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 8:41 P. M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 Mayor Pro Tem Tetens read, from the posted agenda, the topics to be discussed in Executive Session. MEETING RETURNED TO OPEN SESSION AT 8:57 P. M. - NO ACTION TAKEN AS A RESULT OF EXECUTIVE SESSION Mayor Pro Tem Tetens read the following item which was discussed in Executive Session and signed a certification to that effect: UNDER SUBSECTION (e) LEGAL - Council discussed with City Staff and the Interim City Attorney the publication of E.P.A. water requirements. NEW BUSINESS (CONTINUED) ELECTION OF MAYOR PRO TEM It was moved by Councilmember Bost, seconded by Councilmember Wolff, that Council elect Stella Roberts as Mayor Pro Tem. Motion passed 4 to 0. r^ - WITY-F-I The meeting adjourned at 8:58 P. M. Minutes approved as submitted and/or corrected this day of A. D., 1988. ATTEST: City Searetaxy