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1988-11-28 CITY COUNCIL REGULAR MEETING MINUTES133 OF A REWILAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARI,AND, TEXAS, HELD ON NOVEMM 28, 1988, AT 7:30 P. M. IN THE COUNCIL CHAMPS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAM, TEXAS The meeting was called to order with the following present: Mayor Tom Reid Councilmember/Mayor Pro Tem Stella Roberts Councilmember Councilmember Councilmember City Manager City Attorney Assistant City Manager Director of Public Works David Smith Richard Tetens William Wolff Ronald J. Wicker Robert Talton Donald Birkner Bill Thomasset City Secretary Kay Krouse Absent from the Meeting: Councilmember James Bost The invocation was given by Councilmember David Smith. The Pledge of Allegiance was led by Acting Police Chief Randy Garner. It was moved by Councilmember Tetens, seconded by Councilmember Wolff, that the Minutes of the Regular Meeting of November 14, 1988 be approved as presented. Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT Mayor Reid announced that there would be several community activities taking place within the next week. Josie Heflin, the oldest native Pearlander, will be celebrat- ing her 90th birthday and there will be a reception in her honor on Friday afternoon December 2 at the West Side Bank. On Saturday, December 3 Santa will be coming to town. He will arrive by helicopter at 2:00 P. M. on the K -Mart Center parking lot. Mayor Reid recognized from the audience a student from the government class at San Jacinto College. Councilmember Roberts reported that on December 9 a delegation from Pearland will be going to Washington to receive the Keep America Beautiful award. She was informed today by Ron Regan of Channel 2 that they are going to make sure that a Washington news team from NBC films the ceremony when the Jamison Kippers are awarded their prize and also when the city receives its prize and then they will do another local segment on Pearland shortly thereafter. Councilmember Tetens informed that Councilmember Bost is currently in England visiting with his daughter and son-in-law, who are proud new parents. City Manager Ron Wicker reminded Council of the joint workshop with the Pearland Independent School District Board of Trustees on Thursday, in the Council Chambers, at 7:30 P. M. to talk about Tax Abatement. Councilmember Smith suggested that since the Council will be meeting with the School Board Thursday night they might also discuss at that time the possibility of holding the city and school elections at a common polling place. Councilmember Smith said 134 that, at the last election, he received a lot of requests from citizens asking that the City and School hold their elections at the same location for the convenience of the voters. Mayor Reid instructed City Secretary Kay Krouse to post this additional item of discussion to the agenda already posted for the Thursday night workshop with the School Board. This action, the Mayor said, should be taken at the time the meeting recesses to Executive Session in order to meet the 72 hour posting requirement. CITIZENS - NONE UNFINISHED BUSINESS ORDINANCE NO. 559, ORDINANCE ESTABLISHING A PROCEDURE FOR ABANDONING, ALTERING, CLOSING AND VACATING STREETS, ALSEYS AND OT[EER PUBLIC WAYS AMID PORTIONS THEREOF Ordinance No. 559 read in caption by Councilmember Wolff. (Second Reading) It was moved by Councilmember Wolff, seconded by Councilmember Smith, that Ordinance No. 559 be passed and approved on the second and final reading. Said Ordinance No. 559 reads in caption as follows: ORDINANCE NO. 559 AN ORDINANCE ESTABLISHING A PROCEDURE FOR ABANDONING, ALTERING, CLOSING AND VACATING STREETS, ALLEYS AND OTHER PUBLIC WAYS AND PORTIONS THEREOF; EXCHANGE OF EASEMENT; FIXING ADMINISTRATIVE CHARGES TO BE PAID BY PETITIONERS; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR SEVERABILITY. Voting "Aye" - Councilmembers Wolff, Roberts, Tetens and Smith. Voting "No" - None Motion passed 4 to 0. NEW BUSINESS EXCUSED ABSENCE FOR. CO[N CILMEMBER JAMES BOST FROM THE REGULAR. ]MEETS OF NOVEMBER 28 AND DECEMBER 12, 1988 It was moved by Councilmember Roberts, seconded by Councilmember Tetens, that the absence of Councilmember James Bost from the regular meetings of November 28 and December 12, 1988 be excused. Motion passed 4 to 0. OPELVING OF MAGNOLIA DRIVE BETWEEN VETERANS DRIVE AND MCLEAN ROAD AND APPROPRIATION OF NECESSARY FUNDS FOR ITS IMPROVEMENT City Manager Ron Wicker explained that this item was brought up at a previous meeting and that Staff needed direction from the Council on which way to proceed on this matter. The County has done some grading of the road and clearing of right-of-way but that the City, at his direction Mr. Wicker said, put up barricades because it is nothing but a mud path. We have been advised by the contractor for the F. M. 518 widening project that the City can purchase some base material from them at a reasonable cost. With that in mind we could get the road in shape for the County crews to pave it as they have worked for us in the past. All this could possibly be accomplished, Mr. Wicker said, within the next year. This will be a very beneficial road and will. be a definite improvement in our arterial system, but, Mr. Wicker stated, he would not recommend opening the road until it is made into an all-weather road. Public Works Director Bill Thomasset informed he had worked up some cost estimates for the job based on contractor price, which would be approximately $136,000. It is his belief that using City labor and County labor the project would cost around $50,000. In discussion between Council and Staff, it was brought out that since this road is going to be widely traveled there was a need to lime stabilize the subgrade. In 135 addition, Mr. Wicker suggested that the landowners might participate in the project by donating the necessary right-of-way to make it a 60' road. It was moved by Councilmember Smith, seconded by Councilmember Roberts, that Council authorize the City Manager to proceed with the acquisition of right-of-way, then proceed with the preparation and contouring of the road surface and follow with the lime stabilization of the road bed. Councilmember Wolff questioned the extent of the City's liability in opening the road as it now stands, citing that CR 59 has about a mile of dirt road and the County has kept that road open without any consequences. Mr. Wolff stated he believed that the 1/2 mile of road on Magnolia could be used about 300 days out of each year. Mayor Reid instructed the City Attorney to prepare a brief, concerning the City's liability in opening the road, using signs to inform motorists of the condition of the road, and bring it back to Council for their consideration. Mayor Reid then called for a vote on Councilmember Smith's motion. Motion passed 4 to 0. REQUEST OF MORRIS BREAUX, INTERSTATE GEOPHYSICAL COMPANY, TO CONDUCT SEISMOGRAPH TESTING WITHIN CITY LIMITS Mr. Norris Breaux, representing Interstate Geophysical Company, informed Council that his company will be using air guns to test inside the city limits. He has submitted all the necessary paperwork; however, in lieu of a bond, the company has submitted a Letter of Credit. City Attorney Robert Talton informed that everything seems to be in order but he would like to take the time to look at the Letter of Credit more closely when he comes to City Hall on this Wednesday. It was moved by Councilmember Roberts, seconded by Councilmember Tetens, that, contingent on the further investigation of the item the City Attorney mentioned, permission be granted for Interstate Geophysical Company to conduct seismograph testing inside the City Limits. Motion passed 4 to 0. CHAFE IN THE ORDER OF BUSINESS 0THER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 8:10 P. M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 Mayor Reid read, from the posted agenda, the topic to be discussed in Executive Session. MEETING RETURNS TO OPEN SESSION AT 8:46 P. M. Mayor Reid signed a certification to the effect and read the following item that was discussed in Executive Session: UNDER SUBSECTION (g) PERSOM EL - Council discussed with City Manager the appointment of Chief of Police. NEW BUSINESS (CONTINUED) City Manager Ron Wicker requested Council's ratification of his appointment of Randy Garner as Chief of Police. Randy has been serving as Chief for 60 days now and unofficially for about 120 days and has been doing an outstanding job in that capacity, Mr. Wicker said. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Council ratify the appointment of Randy Garner as Chief of Police for the City of Pearland. Motion passed 4 to 0. 136 The meeting adjourned at 8:49 P. M. Mayor Reid then administered the Oath of Office to Randy Garner. Minutes approved as submitted and/or corrected this / day of A. D., 1988. t yor ATTEST: City 7ficretary