1988-10-10 CITY COUNCIL REGULAR MEETING MINUTES119
MINUTES OF A REGULAR METING. OF 71E CITY COUNCIL OF 7tE CITY OF PEAR UM, TEXAS, HELD
ON OCTOBER 10, 1988, AT 7:30 P M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY
DRIVE, PF.ARLAND, TEXAS
The meeting was called to order with the following present:
Mayor Tom Reid
Councilmember William Wolff
Councilmember James Bost
Councilmember Richard Tetens
Councilmember David Smith
City Manager Ronald J. Wicker
City Attorney Robert Talton
Assistant City Manager Donald Birkner
Public Works Director Bill Thomasset
City Secretary Kay Krouse
Absent from the meeting: Councilmember/Mayor Pro Tem Stella Roberts
INVOCATION AMID PLEDGE OF ALLEGIANCE
The invocation was given by Councilmember James Bost. The Pledge of Allegiance was
led by City Manager Ron Wicker.
APPROVAL OF MINUTES
It was moved by Councilmember Tetens, seconded by Councilmember Wolff, that the
Minutes of the Regular Meeting of September 26, 1988, be approved as presented.
Motion passed 4 to 0.
MAYOR'S ACTIVITY REPORT
Mayor Reid presented a proclamation to Bill and Mary Butler who recently retired from
E.M.S. service. The proc 1 amation proc 1 aimed October 9 - 15, 1988, as Bill and Mary
Butler Week in Pearland and also stated that the E.M.S. members have awarded the
Butlers a Lifetime Membership in the organization. Councilmember Smith recognized
from the audience other members of the E.M.S. organization and commented on the very
fine service each of them was providing the citizens of Pearland.
Mayor Reid issued a proclamation declaring October 15, 1988, as Pearland Charity Run
Day. Receiving the proclamation were members of the Knights of Columbus who helped
organize this charitable event and the Board President of Christian Helping Hands
which will benefit from this Run.
Councilmember Bost questioned whether the recent published report concerning the
State's shortage of funds would affect the FM 518 widening project. City Manager Ron
Wicker responded that, in his opinion, any construction projects already begun would
not be affected.
Councilmember Smith remarked that he had recently met with Milton Dietert, District
Engineer, and Mr. Dietert expressed surprise over the report and promised to get us
an answer soon.
1. Tom Alexander, 2422 S. Park. Mr. Alexander spoke to Council about his concerns
over the City charging Capital Recovery Fees. As a builder, it was his belief, he
said, that the charging of these fees was a big determent to the growth of our City.
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He feels the City should provide incentives instead of penalties to encourage new
growth.
2. Carlton McComb, 3924 Shadycrest. Mr. McComb spoke to Council about impact fees,
as they pertain to the final presentation made by Bernard Johnson at the last Public
Hearing, in particular, the calculations of the fees. Mr. McComb cited several
sections of the presentation where he believed the engineers had calculated these
fees incorrectly.
UNFINISHED BUSINESS
REQUEST BY GOM M TWITTY, PETTY -RAY GEOPHYSICAL, TO CONDUCT SEISMOGRAPH SURVEY WITHIN
CITY LIMITS
Gordon Twitty, representing Petty -Ray Geophysical, informed Council his company
wishes to conduct these seismograph tests along the railroad tract using one pound
dynamite charges at a depth of 60 - 70 feet.
There was a general discussion between Council, Staff and Mr. Twitty concerning use
of these one pound charges within the city limits and the possibility of damage to
structures and water wells near these blasts, now and in the future.
City Manager Ron Wicker recommended that no charges be used, as a minimum, from
Orange Street on the north to Walnut Street on the south.
It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Petty -Ray
Geophysical be granted a permit to conduct seismograph survey within city limits
subject to the City Attorney's assurance that their liability insurance has extended
coverage for several years and that they be restricted from using charges within 500
feet of any structure or water well, and using no greater than one pound charges at a
depth of at least 60 feet.
Motion passed 3 to 1. Councilmember Bost voted against.
MEETING RECESSED AT 8:24 P. M.
MEETING RECONVENED AT 8:29 P. M.
NEW BUSINESS
EXCUSED ABSENaE FUR COUNCILMEMBER STELLA ROBERTS FROM THE REGULAR NEETUG OF OCTOBER
10, 1988
It was moved by Councilmember Bost, seconded by Councilmember Smith, that
Councilmember Stella Roberts be excused from the regular meeting tonight, October 10,
1988.
Motion passed 4 to 0.
RESOLUTION NO. R88-30, RESOLUTION ADOPTIM A CAPITAL IMPROVEMENTS PLAN FOR. CITY AND
PROVIDING FOR THE IMPOSITION OF IMPACT FEES
In general Council discussion, Mayor Reid asked the engineers from Bernard Johnson,
Inc., Art Storey and Charles Kalkomey, to comment on the impact fees presented for
Council's consideration. Mr. Storey briefly reviewed the activities involved with
their work on the Pearland Facilities Plan over the past months. Mr. Kalkomey
explained the methods used in calculating these impact fees. Mr. Storey stated that
they both felt these calculations were made by using good engineering practices and
the guidelines of the statute (SB 336).
There followed a general discussion between Council and Mr. Storey concerning the
impact fees.
Resolution No. R88-30 was read in its entirety by Councilmember Smith.
It was moved by Councilmember Smith, seconded by Councilmember Tetens, that
Resolution No. R88-30 be passed and approved, and that a sentence be added that
would state that the effective date of the charging of these impact fees would be
postponed for six months, until April 10, 1989.
Said Resolution No. R88-30 reads in caption as follows:
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rui-XiC11P0011
A RESOLUTION ADOPTING A CAPITAL IMPROVEMENTS PLAN FOR THE CITY OF
PEARLAND, TEXAS; PROVIDING FOR THE IMPOSITION OF IMPACT FEES IN
ACCORDANCE WITH TEXAS REVISED CIVIL STATUTES ANNOTATED ARTICLE
1269]-4.11; MAKING CERTAIN FINDINGS; REPEALING THE CAPITAL
MAINTENANCE AND RECOVERY FEES ADOPTED BY MOTION OF CITY COUNCIL
ON APRIL 9, 1984; AND PROVIDING FOR SEVERABILITY.
Voting "Aye" - Councilmembers Smith, Tetens and Bost.
Voting "No" - Councilmember Wolff.
Motion passed 3 to 1.
ORDINANCE NO. 558, ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BY AND
BETWEEN THE CITY OF PEARLAND AND ROBERT E. TALTON, ATTORNEY AT LAW, FOR LEGAL
SERVICES
City Manager Ron Wicker explained this agreement would give the City permanent legal
representation at a more affordable rate. This agreement calls for the City to pay
Mr. Talton $50 per hour for regular city business such as attendance at Council
meetings, preparation of ordinances, etc. and $100 an hour for all litigation work.
Mr. Talton will come to City Hall about one-half day a week to work with and answer
any questions the Staff may have.
Councilmember Bost requested that Council receive a monthly report on the cost of the
legal services so it can be compared to the cost of a full-time city attorney. City
Manager Ron Wicker stated this could be accomplished in our monthly city activity
reporting.
Ordinance No. 558 was read in its entirety by Councilmember Tetens. (First Reading)
It was moved by Councilmember Tetens, seconded by Councilmember Smith, that Ordinance
No. 558 be passed and approved on the first of two readings. Said Ordinance No. 558
reads in caption as follows:
ORDINANCE NO. 558
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT, A FACSIMILE OF SAME
BEING ANNEXED HERETO, INCORPORATED HEREIN FOR ALL PURPOSES DESIGNATED
EXHIBIT "A" BY AND BETWEEN ROBERT E. TALTON AND THE CITY OF PEARLAND,
TEXAS.
Voting "Aye" - Councilmembers Wolff, Bost, Tetens and Smith.
Voting "No" - None.
Motion passed 4 to 0.
APPOINTMENT OF FIRE MARSHAL
City Manager Ron Wicker informed he would like to propose the following
reorganization of assignments: he intends to leave Joe Barnett as Warrant
Officer/Court Bailiff full time; Lt. Bob Cuna as Arson Investigator along with his
other duties and the Fire Marshal position be filled by Fire Chief Larry Steed along
with his Fire Chief duties. Mr. Steed would be paid a retainer of $200 per month for
the services rendered as Fire Marshal.
Councilmember Smith questioned whether it was mandatory that the Fire Marshal be a
certified peace officer.
City Attorney Robert Talton was instructed to look into this matter.
Mayor Reid advised that this item would be passed to a future agenda.
IMICE NO. 3, EMDMM JGPEM, INC.
It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Invoice
No. 3, Bernard Johnson, Inc., for engineering services in connection with the
Pearland Facilities Plan, in the amount of $3,895.00 be approved and payment made
from the appropriate fund.
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Motion passed 2 to 1, with 1 abstention.
Councilmember Wolff voted against. Councilmember Smith abstained.
UPIii0
The meeting adjourned at 9:20 P. M.
Minutes approved as submitted and/or corrected this day of ,
A. D., 1988.
Mayor
ATTEST:
City S retary