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1988-10-24 CITY COUNCIL REGULAR MEETING MINUTES123 MIlV[= OF A RE=M MKMM OF THE CITY COMIL OF TFE CITY OF PEARLW, TEXAS, BEID ON OCTOBER 24, 1988, AT 7:30 P. M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The meeting was called to order with the following present: Mayor Tom Reid Mayor Pro Tem/Councilmember Stella Roberts Councilmember Councilmember Councilmember Councilmember City Manager City Attorney Director of Public Works City Secretary Richard Tetens William Wolff James Bost David Smith (Entered Chambers at 7:33 P. M. Ronald J. Wicker Robert Talton (Entered Chambers at 7:32 P. M.) William Thomasset Kay Krouse The invocation was given by Councilmember James Bost. led by Acting Police Chief Randy Garner. f i -d-4- F " R7 a F 11 . �Y�. The Pledge of Allegiance was It was moved by Councilmember Wolff, seconded by Councilmember Tetens, that the Minutes of the Regular Meeting of October 10, 1988, be approved as presented. Motion passed 4 to 0. Councilmember Roberts abstained. MAYOR'S ACTIVITY REPORT Mayor Reid issued a proclamation proclaiming the week of November 13-19, 1988, as American Education Week in Pearland. Accepting the proclamation was Elaine Johnson, President of the Pearland Education Association. Ms. Johnson invited the Council to join with the Pearland teachers, the Pearland School Board and members of the Chamber of Commerce at a reception to be held on November 17, 1988, from 5:00 to 7:00 P. M. Councilmember Smith reported on his concerns about the traffic problems in the Green Tee Subdivision during the Christmas season. With the many cars touring through to observe the Christmas lights in that subdivision, his main concern was the difficulty an emergency vehicle would have to get to a residence where an emergency exists. Councilmember Smith said he and Acting Police Chief Randy Garner will meet with the Green Tee Homeowners Association to get their opinion on the possibility of making Green Tee Drive a temporary one-way street for particular days and hours during that time. City Attorney Robert Talton was asked to check into the legality of this matter. Councilmember Stella Roberts informed that Clean Pearland has been notified by Keep America Beautiful Committee that it has won first place for cities of 25,000 popula- tion or less; also, in the Clean Community competition, the Jamison Kippers were awarded first place in their category. With the prestige of this national award, Councilmember Roberts said that an ad hoc committee has been formed to work on getting as much publicity about our award as possible before the official presentation around the first of December. Anyone interested in working on this committee should contact Patty Bates at City Hall. Councilmember Wolff reported he had received a letter from ex-councilmember Morris Wilson, with an attached page of citizen signatures, requesting the City's help in banning large tractor -trailers from using Cedar Street. After making deliveries to a 124 drive-in grocery at the end of Cedar Street, these large vehicles have been using Cedar Street as a bypass to the light at the corner of Mykawa and FM 518, Mr. Wilson stated in his letter. Acting Police Chief Randy Garner was instructed to check into this matter so that proper enforcement of the traffic ordinance is followed. Councilmember Wolff also reported receiving a request from Mr. Thomas DeWitt, 2611 Green Tee, for the City to install some type of traffic control devices to slow the traffic coming through the subdivision going into Scarsdale. It was pointed out that Councilmember Smith, Acting Police Chief Garner and Public Works Director Bill Thomasset would meet with the Green Tee Homeowners Association to come to a decision about what type of control devices could be used. 11 04 Vcl to6L131�9 wil M ;6 M.611;44.. City Manager Ron Wicker reported Staff has been working with several governmental agencies concerning our participation in the Federal -Aid Off System Bridge Replacement Program in Pearland which is funded 80% by the Federal govermmnt and 20°0 by local funds. Three bridges are included in this program: Dixie Farm Road at drainage ditch, Longherridge at Mary's Creek and Country Club at Clear Creek. We have been in contact with the various governmental agencies concerning the bridge on Country Club with the proposal of replacement of the existing bridge, construction of a new bridge and excavation of a bypass channel. We met with Brazoria County Drainage District No. 4 and they are willing to work with us. We met with Harris County Flood Control and they had no problems with this proposal. We spoke with the Corps of Engineers about obtaining a permit for moving the bridge, and in a letter we just received from the Corps, they basically stated we could do this with stated conditions. In addition, they informed us we need to contact the Coast Guard and also Texas Department of Parks and Wildlife concerning the matter. Staff will continue to work on this, Mr. Wicker said, with the possibility of this being a workshop item in the future. CITIZENS - None 116Q1V0 `+,IPI ,. 1►I�.. City Manager Ron Wicker informed that at the last Council meeting the question arose as to whether the Fire Marshal needed to be a certified peace officer. In a written opinion, City Attorney Robert Talton stated that at the present time the Fire Marshal does not have to be a certified peace officer unless he will be doing arson investi- gation. Mr. Wicker advised that he intends to have Joe Barnett serve as full time Warrant Officer/Court Bailiff; Lt. Bob Cuna as Arson Investigator and appoint Larry Steed as Fire Marshal.. It was moved by Councilmember Roberts, seconded by Councilmember Smith, that Larry Steed be appointed as Fire Marshal. Motion passed 5 to 0. 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 Ordinance No. 558 was read in caption by Councilmember Bost. (Second Reading) It was moved by Councilmember Bost, seconded by Councilmember Wolff, that Ordinance No. 558 be passed and approved on the second and final reading. Said Ordinance No. 558 reads in caption as follows: ,x,;11 ►lc ►.� ►.� .:. 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, Roberts, Tetens and Smith. 125 Voting "No" - None. Motion passed 5 to 0. NEW BUSINESS RESOLUTION NO. R88-32, RESOLUTION CONCERNING THE INSTALLATION OF TRAFFIC CONTROL DEVICES IN TEE CITY (18 YIELD SIGNS IN THE SPRINGFIELD SUBDIVISION) Resolution No. R88-32 was read in its entirety by Councilmember Wolff. It was moved by Councilmember Wolff, seconded by Councilmember Bost, that Resolution No. R88-32 be passed and approved on the first and only reading. Said Resolution No. R88-32 reads in caption as follows: A RESOLUTION CONCERNING THE INSTALLATION OF TRAFFIC CONTROL DEVICES IN THE CITY AND RATIFYING THE SAME. Voting "Aye" - Councilmembers Smith, Tetens, Roberts, Bost and Wolff. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R88-33, RESOLUTION DESIGNATING REPRESENTATIVES TO THE HOUSTON- GALVESTON AREA COUNCIL GSAL ASSEMBLY FOR 1989 Council was advised that Mayor Tom Reid would be willing to serve as the City's representative to the General Assembly and that Councilmember Richard Tetens would serve as the Official Alternate. It was mentioned that this would be Mayor Reid's 15th year to serve as representative. Resolution No. R88-33 was read in its entirety by Councilmember Roberts. It was moved by Councilmember Roberts, seconded by Councilmember Bost, that Resolution No. R88-33 be passed and approved on the first and only reading. Said Resolution No. R88-33 reads in caption as follows: RESOLUTION NO. R88-33 DESIGNATION OF REPRESENTATIVES HOUSTON-GALVESTON AREA COUNCIL GENERAL ASSEMBLY 1989 Voting "Aye" - Councilmembers Wolff, Bost, Roberts, Tetens and Smith. Voting "No" - None. Motion passed 5 to 0. DESIGNATION OF OFFICIAL NEWSPAPER City Secretary Kay Krouse reported that one proposal was received, that being from The Journal, which listed the charge for printing legal notices as being ten cents a word. Mrs. Krouse stated The Journal has served the City well in the past and she would recommend The Journal being designated as the official newspaper for the next year. RESOLUTION NO. R88-34, RESOLUTION AU1 WRI2Il G MAYOR TO E)MUTE CONTRACT B71Ev CITY AND DESIGNATED NEWSPAPER Resolution No. R88-34 was read in its entirety by Councilmember Tetens. It was moved by Councilmember Tetens, seconded by Councilmember Smith, that Resolution No. R88-34 be passed and approved on the first and only reading. Said Resolution No. R88-34 reads in caption as follows: 126 RESOLUTION NO. RW --34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEMUAM, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY OF PEARLAND AND THE JOURNAL. Voting "Aye" - Councilmembers Smith, Tetens, Roberts, Bost and Wolff. Voting "No" - None. Motion passed 5 to 0. AUTHORIZATION TO PROCEED WITH DESIGN AND CONSTRUCTION OF SEWER LINE FROM LIBERTY DRIVE LIFT STATION TO REGAL OAKS City Manager Ron Wicker explained that the City is currently operating a section of the sanitary sewer system, located between Liberty Drive lift station behind the Country Club shopping center, that is connected to the gravity flow line at West Circle. This was put in on a non -permanent basis without easement. We now have a 20' alley/utility easement acquired from Aaron Pasternak, owner of the property on the southeast corner of FM 518 and Liberty Drive. We can use this easement to install either a pressure sewer line or a gravity flow line that will allow us to do away with the lift station. Public Works Director Bill Thomasset informed that materials for a 15 -inch gravity line will cost $57,124.00 while a 4 -inch force main will cost $9,485.00. The estimated annual cost for operating the lift station is $1,000.00. The lift station could continue to be used with a new force main. This proposed force main includes a manhole on Regal Oaks. The Staff needs guidance from the Council on which approach to pursue, Mr. Wicker said. There was a general discussion between Council and Staff concerning the cost factor of the force main verses a gravity line. It was pointed out that one of the agree- ments in obtaining the easement from Mr. Pasternak was to put in a gravity line. It was moved by Councilmember Smith, seconded by Councilmember Wolff, that the City install a 15 -inch gravity line under the highway to the new manhole south of FM 518 and do nothing else until development occurs. Motion passed 5 to 0. ORDINANCE NO. 559, ORDINANCE ESTABLISHING A PROCEDURE FOR ABANDONING, ALTERING, CLOSING AND VACATING STREETS, ALLEYS AND 01MM PUBLIC WAYS AND PORTIONS THERDOF City Manager Ron Wicker explained that in recent months the City Staff had received several requests for the City to abandon old, unused rights-of-way and they were handled on an individual basis. He had asked City Attorney Robert Talton to draft an ordinance establishing the procedure for abandoning, altering, closing and vacating streets so we could have some guidelines to follow on future requests. City Attorney Talton requested Council to review this draft and advise him of any additions/dele- tions they feel should be made. Mayor Reid informed that this proposed ordinance would be put on the agenda at a future meeting. INVOICES It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Estimate No. 1, Insituform Gulf South, for cleaning, televising and lining of approximately 470 feet of sanitary sewer line on Walnut Street, in the amount of $26,839.35 be approved and payment made from the appropriate funds. Motion passed 5 to 0. It was moved by Councilmember Tetens, seconded by Councilmember Bost, that invoice dated October 10, 1988, Sears and Burns, Attorneys at Law, for legal services rendered concerning the City of Pearland vs. B. M. and Frances Jamison case, in the amount of $6,876.00 be approved and payment made from the appropriate funds. Motion passed 5 to 0. Mayor Reid advised that there would be no need for an Executive Session this evening. AWCUM The meeting adjourned at 8:31 P. M. Minutes approved as submitted and/or corrected this day of A. D., 1988. ATTEST: /lam _ _ __. . City Se6letary 127