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1989-04-24 CITY COUNCIL REGULAR MEETING MINUTESNUUM OF A MMIAR MEETING OF THE CITY CMIL OF THE CITY OF PFARLAM, TEXAS, BEID ON APRIL 24, 1989, AT 7:30 P. M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLARD, 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 Public Works Director City Secretary 1ZN WA klC ;I a1� rme) W410 Foewrl z .0 David Smith William Wolff Richard Tetens James Bost Ronald J. Wicker Robert Talton Bill Thomasset Kay Krouse ,The invocation was given by Councilmember David Smith. The Pledge of Allegiance was led by Councilmember James Bost. APPROVAL OF MINUTES It was moved by Councilmember Bost, seconded by Councilmember Roberts, that the Minutes of the Regular Meeting of April 10, 1989, be approved as presented. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Reid issued a proclamation proclaiming Saturday, April 29, 1989, as Deanna Hebert Day in Pearland. Accepting the proclamation were Deanna. Hebert and family and members of the Benefit Committee. Mayor Reid issued a proclamation proclaiming Friday, May 5, 1989, as Pearland Rotary Golf Day in Pearland. Bill Thomasset, President of Pearland Rotary, accepted the proclamation. Mayor Reid issued a proclamation declaring Monday, May 1, 1989, as Law Day, U. S. A. Attorney Mike Shoemaker accepted the proclamation on behalf of the Brazoria County Bar Association. Mayor Reid informed that the Shuttle is scheduled to be launched this Friday. This mission will involve interplanetary space exploration. COUNCIL ACTIVITY REPORT Councilmember Smith reported he and Councilmember Wolff will be frying fish at the benefit for Deanna Hebert, using an old Indian recipe. DEPAAL REPORTS City Manager Ron Wicker reported that, concerning the possibility of opening a section of Magnolia Street between Veterans Drive and McLean, Staff has had discussions about dedication of additional right-of-way on Magnolia. As of last week, all the landowners on this portion of Magnolia have tentatively agreed to dedicate the necessary right-of-way which would give us 120 feet total right-of-way through this section. If the City can work out an arrangement with the sub- contractor on the FM 518 widening project for some of the base material, Mr. Wicker said, we could make Magnolia Street a passable street within a short period of time. Subsequently, we will soon be asking for Council direction on this matter. 199 cIffzw 1. Ed Thompson, 2420 Shadybend. Mr. Thompson appeared before Council to request action by the Council to correct improper drainage and street conditions on Shadybend Drive between Liberty and Misty Lane. Mr. Thompson also presented Council with a petition signed by residents of the Parkview Subdivision concurring with this request. 2. Tom Alexander, 3208 Nottingham. Mr. Alexander presented a letter he had received from Attorney Bobby Williams in reply to his inquiry about the City's right to waive impact fees. In his letter, Mr. Williams stated it was his opinion the Council could not selectively waive the impact fees and to do so would be a violation of the equal protection laws. There is no provision in Ordinance No. 471-1 giving the City the right to waive the fees, Mr. Williams noted in his letter. Mr. Alexander expressed his continued opposition to Capital Recovery Fees, stating he felt these fees are really the opposite of economic development and that they discourage people from coming to Pearland. UNFINISHED BUSINESS ORDINANCE NO. 387-2, ADOMING ORDINANCE NO. 387-1, ALTERING THE PRIMA FACIE SPEED LIMITS AND TIMES (SCHOOL ZONES) AND PROVIDING A PENALTY FOR VIOLATION THERROF Ordinance No. 387-2 was read in caption by Councilmember Wolff. (Second Reading) It was moved by Councilmember Wolff, seconded by Councilmember Bost, that Ordinance No. 387-2 be passed and approved on the second and final reading. Said Ordinance No. 387-2 reads in caption as follows: ORDINANCE NO. 387-2 AN ORDINANCE AMENDING ORDINANCE NO. 387-1 BY ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF ARTICLE 6701d, VERNON'S TEXAS CIVIL STATUTES, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, ON SCHOOL DAYS, WITHIN DESIGNATED TIMES, PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR THE ERECTION OF SIGNS; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Wolff, Bost, Roberts, Tetens and Smith. Voting "No" - None. Motion passed 5 to 0. APPROVAL OF PARTICIPATION ON WATERLINE EXTENSION WITH DEVELOPERS OF NASAWOOD SUBDIVISION City Manager Ron Wicker read a letter he had received from Russell D. Plank of Russell D. Plank & Associates concerning his company's interest in participating with the City on water line extension from the Nasawood Subdivision, northwest over to Westfield. City Manager Wicker explained that whenever Nasawood was originally developed, the City's specifications required only one point of service. The subdivision was never accepted by the City and went into foreclosure several years back. Recently, with Plank & Associates interested in developing Nasawood, the City ran a Hardy Cross study on that water system to determine the fire fighting capabilities and found it now to be inadequate. By going south from Nasawood to Rustic Lane, down Rustic Lane, back into Pearland to Westfield and connecting to the existing water line there, this will provide two points of service in a loop system. This will not only provide service to Nasawood but also to areas we presently do not serve, Mr. Wicker said. In Council discussion, it was requested that Staff run an estimate of the cost for the City to provide the necessary valves, fire plugs and installation of the line for this project. Councilmember Wolff requested that the estimate include provision for future service to that area of land lying between Dixie Farm Road and the Galveston County line when it is annexed into the City. i zao Mayor Reid advised this item would be passed to the next regular Council agenda. REQUEST BY RUSSELL PLANK, RUSSELL D. PLANK & ASSOCIATES, FOR A VARIANCE ON STREET WIDTH OF NASAWOD BLVD. IN NASAW00D SUBDIVISION, FROM A 41 -FOOT BACK TO BACK TO A 28 - FOOT BACK TO BACK CONCRETE STREET City Manager Ron Wicker explained the original developers of Nasawood, Crystal Homes, had obtained a 70 foot right-of-way from two landowners to construct a road from FM 518 to the Nasawood Subdivision. In this right-of-way dedication, it was anticipated that the street would be 41 -foot back -of -curb to back -of -curb. Initially, the developer was allowed to put in a 28 foot concrete street with the provisions that at the time the landowners, George Bofysil and Loomis International, developed their property, the street could be widened to 41 feet. The road was constructed in that way. Problems arose in that a provision in the right-of-way dedication from Loomis was that the road had to be constructed within one year. It was started, but not completed, within that time; so Loomis then backed out of the agreement. The road and subdivision were never accepted by the City. Russell Plank explained to Council his company's plans to develop Nasawood Subdivision and the history of the company's involvement with the project. Concerning the roadway, Mr. Plank said the negotiations with Loomis have not ceased. They were informed recently by Dr. Loomis, Chairman of the Board, that their property is not for sale. Mr. Plank said that he has been working with City Staff in developing an access to Nasawood from within the City of Pearland. They are proposing to reroute the roadway, bypassing the Loomis property, and curving over to the upper part of Mr. Bofysi 1's property and into the subdivision. Mr. Bofysi 1 has agreed to dedicate the right-of-way if the City will pass a no -parking ordinance along the roadway. City Manager Ron Wicker advised that Mr. Russell is requesting a deviation from the road specifications which were adopted by Minute Order of the Council. In Council discussion it was questioned whether this would be a collector street or residential street. Mayor Reid advised that in order for Council to receive more information on this matter, this item would be passed to the next regular agenda. CHANGE IN TIE O1LER. OF BUSINESS REQUEST FROM PEARLAND IrII C SCHOOL DISTRICT FUR CITY TO WAIVE Q-IARGING CAPITAL RECOVERY FEES FULL CONSTRUCTION OF NEW HIGH SGHDOL ON HLG3WAY 35 Art Storey, of Bernard Johnson, Inc., and consultant for the City on the SB 336 Study, advised Council he has contacted John Olson of Olson & Olson concerning this matter. Mr. Olson advised the subject would take some time to research. There was a danger in being selective and arbitrary as opposed to consistent in applying the fees. However, he said he felt the City Council could waive the fee for the school if it did so for all schools and school districts and other taxing entities. City Attorney Robert Talton informed he could research this matter and have an opinion by the next regular meeting. Councilmember Smith suggested waiving the fees for Capital Recovery for an additional six months. Mayor Reid advised this item would be passed to the next agenda. CITY TO WAIVE $250.00 FEE FOR P.I.S D. TO REQUEST A VARIANCE BFHCHE Tim YANUG BOARD OF ADJUSTMENT It was moved by Councilmember Bost, seconded by Councilmember Roberts, that the City Council waive the $250.00 fee for P.I.S.D. to request a variance before the Zoning Board of Adjustment. Councilmember Wolff questioned whether the Council could take such action and asked City Attorney Talton for his opinion. Mr. Talton said he would research the matter. NEETINGI RECESSED AT 9:01 P. *. MEETING • C E+E 201 City Attorney Talton reported the Land Use and Urban Development Ordinance allows the Council to set the fees by resolution for zone changes, specific use requests and variances. In the past the fees were set by Minute Order. Council could, Mr. Talton said, pass a resolution and in that resolution accept the fees and allow Council, by Minute Order, to waive fees if they so desire. This resolution could be ready by the next Council meeting he said. Councilmember Bost, maker of the motion, and Councilmember Roberts, seconder, withdrew the motion. Mayor Reid advised this item would be passed to the next Council agenda. REVIEW OF FEE STRUCTURE FOR CAPITAL RECOVERY FEES Art Storey reviewed the legislation governing the charging of these fees and the study made by his firm to arrive at the current fees. Council had a lengthy discussion stating their views about Capital Recovery. Art Storey and Charles Kalkomey of Bernard Johnson, Inc. answered questions from the Council concerning calculations of these fees. It was moved by Councilmember Bost that the Council adopt the Hill fees on water and 2/3 of the sewer fees in each of the districts. Motion failed for lack of a second. City Manager Ron Wicker advised this item was put on the agenda for discussion purposes. It was moved by Councilmember Roberts, seconded by Councilmember Tetens, that Council authorize the Staff to draft a resolution that will make the sewerage impact fees 50°9 of the maximum as presented in Table 2 and 100'1 for water in Table 5. Art Storey pointed out that the fees were set after a process involving two public hearings and that a change in the fees might require another public hearing. City Attorney Talton agreed with Mr. Storey. The maker and the seconder withdrew the motion to allow Staff to research the matter. It was moved by Councilmember Wolff, seconded by Councilmember Smith, that Council instruct the City Attorney to prepare a resolution or ordinance repealing, in its entirety, the original ordinance concerning this impact fee. Motion failed 3 to 2. Voting for: Councilmembers Wolff and Smith. Voting against: Councilmembers Bost, Roberts and Tetens. Mayor Reid instructed City Staff to research this matter to determine whether any public hearings are required when amending the fee structure. APPROVAL OF INVOICES DAVID WI(U CONSTRUCTION COMPANY, INC. It was moved by Councilmember Tetens, seconded by Councilmember Smith, that Invoice No. 328, David Wight Construction Company, Inc. for construction of Reinforced Con- crete Conflict Boxes on FM 518 in the amount of $5,803.00 be approved and payment made from the appropriate funds. Motion passed 5 to 0. LONG & SON, INC. It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that Estimate No. 2, Long & Son, Inc., for construction of Green Tee Water Storage & Booster Pump Station in the amount of $45,585.00 be approved and payment be made from the appropriate finds. Motion passed 5 to 0. 202 REQUEST BY J. D. ABRAMS, INC. TO CLOSE THE INTERSECTIONS OF W. CIRCLE DRIVE AND Sf-IADYCREST DRIVE AT FM 518 FOR AN APPROXIMATE THREE WEEK PERF DURIlG CONSTRUCTION It was moved by Councilmember Smith, seconded by Councilmember Tetens, that J. D. Abrams, Inc. be allowed to close the intersections of W. Circle Drive and Shadycrest Drive at FM 518 for a three week period with the proper detour signage. Motion passed 5 to 0. REQUEST BY J. D. ABRAMS, INC. TO INST I T TEMPORARY FUM WAY STOP SYSTEM AT DIXIE FARM ROAD AND FM 518 INTERSECTION It was moved by Councilmember Smith, seconded by Councilmember Wolff, that the State contractor be allowed to install. a four-way stop system at Dixie Farm Road and FM 518 for a one-month period; and that during the peak traffic periods (Staff deciding peak traffic hours), the contractor, at his expense, will have a certified peace officer directing traffic. Motion passed 5 to 0. �.' '��111 1 `fel � L:�I'I �, 1 :1 � a►/� `i�. � 1 � 11 The meeting adjourned at 10:27 P. M. Minutes approved as submitted and/or corrected this ,� day of A. D., 1989. Mayor ATTEST: City Sec terry