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1989-05-08 CITY COUNCIL REGULAR MEETING MINUTES205 MMM OF A RE0LAR MMM OF THE CITY COIIl M OF THE CITY OF PEARLAN D, TEXAS, HELD ON MAY 8, 1989, AT 7:30 P. M. IN THE CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The meeting was called to order with the following present: Mayor Tom Reid Councilmember William Wolff Councilmember James Bost Councilmember David Smith Councilmember Richard Tetens Councilmember Elect D. A. Miller, Jr. City Manager Ronald J. Wicker City Attorney Robert Talton Director of Public Works William Thomasset City Secretary Kay Krouse Absent from the Meeting: Councilmember Stella Roberts INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember David Smith. The Pledge of Allegiance was led by City Manager Ron Wicker. APPRaVAL OF NINLTl'ES It was moved by Councilmember Bost, seconded by Councilmember Tetens, that the Minutes of the Regular Meeting of April 24, 1989, be approved as presented. Motion passed 4 to 0. It was moved by Councilmember Tetens, seconded by Councilmember Smith, that the Minutes of the Special Meeting of May 1, 1989, be approved as presented. Motion passed 4 to 0. MAYOR'S ACTIVITY Mayor Reid read a letter recently received by Director of Public Works Bill Thomasset from William L. Miller, Vice President of J. D. Abrams, Inc., contractor on the FM 518 Widening Project. In this letter Mr. Miller stated his company's appreciation to the Council for their approval of allowing them to close the inter- sections of West Circle and Shadycrest at FM 518 to through traffic for a three-week period in order to complete the concrete paving at these intersections. Mr. Miller also said that this action shows his company that the City Council has a lot of interest in the progress on their project. Mayor Reid issued a proclamation proclaiming May 9, 1989, as National Teacher's Day. Elaine Johnson, teacher at Pearland Intermediate School, accepted the proclamation and issued invitations to a reception in honor of this event. Mayor Reid issued a proclamation proclaiming the week of May 15-21, 1989, as National Police Week in Pearland. Accepting the proclamation were Police Chief Randy Garner and Officer Bill Colson. Mayor Reid issued a proclamation declaring Sunday, May 21, 1989, as Meals and Wheels Day in Pearland. COUNCIL ACTIVITY REPORTS Councilmember Wolff requested the following information from City Staff: 1. Progress of the Green Tee water tank. we City Manager Ron Wicker responded that the fence around the area needs to be installed but that the water tank is very close to being ready to use. 2. Progress of traffic signal at McLean and FM 518. City Manager Wicker responded that the State will be letting a contract on this project and he will check with them on the time frame for this. 3. Progress of request to State for a split phase signal at intersection of Hwy 35 and Walnut. City Manager Wicker said he will check with the State on this matter also. CITIZENS - None ii 1:&vp CITY COUNCIL TO WAIVE $250.00 FEE, AND REFUND THE CBECK, FOR PEARLAND INDEPENDENT SCHOOL DISTRICT REQUESTING A VARIANCE SEFORE THE 7�ON_M BOARD OF ADJUSTMENT It was moved by Councilmember Bost, seconded by Councilmember Tetens, that the Council waive the fee, and refund the check, to the School Board, as they are another governmental agency, for their request of a variance before the Zoning Board of Adjustment. Motion passed 4 to 0. See Insert Page 209 APPROVAL OF PARTICIPATION ON WATERLINE EXTENSION WITH DEVELOPERS OF NASAWOOD SUBDMSION City Manager Ron Wicker explained that Staff has prepared estimates on two options for the extension of this waterline. One being the installation of an 8" waterline along Nasawood Drive to Rustic Lane down Rustic Lane, west, then south, to connect onto an existing 8" 1 ine on Westfield Lane. The cost to the City for fire hydrants and appurtenances would be approximately $5,300.00. The other option is for the City to oversize this line, Mr. Wicker said, to a 12" line to take care of substantial future growth in the area with a cost of $33,300.00. Mr. Wicker said that money is available in Water Improvement Bond funds for either of these options. In Council discussion it was pointed out that this waterline would be tying into an 8" line on either end. It was moved by Councilmember Wolff, seconded by Councilmember Bost, that Council consider the $5,300.00 participation with developers of Nasawood Subdivision in extending an 8" waterline and using what City labor is required. Motion passed 4 to 0. REQUEST BY RUSSELL PLANK, RUSSELL D. PLANK & ASSOCIATES, FOR A VARIANCE ON STREET WBM OF NASAWOOD BLVD. IN NASAWOOD SUBDIVISION FROM A 41 FOOT BACK OF CURB TO BACK OF CURB TO A 28' HACK OF CURB TO BACK OF CURB COPLI& E STREET City Manager Wicker explained that City Staff still feels that, for ultimate development, the 41 foot back of curb to back of curb roadway is needed for this future collector street. We feel that 28 foot will suffice to get the subdivision underway he said, but when the property develops between Nasawood and FM 518, we feel the street should be widened to 41 foot. As the existing road is now constructed, provisions have been made for additional street width on each side of the existing pavement. Russell Plank reviewed with Council his company's plans in developing the Nasawood Subdivision. He explained how the roadway into Nasawood from FM 518 will be relocated at the upper end to the west of the Loomis property onto Bofysil property. MEETING RE7CFSSED AT 8:15 P. M. MEETING RECONVENED AT 8:30 P. M. It was moved by Councilmember Wolff, seconded by Councilmember Bost, that the 207 relocation of Nasawood Drive be considered at this time as a residential street and eligible to be constructed to a 28 foot width; then, when future development occurs, the City should require the new use of the street as a collector street to be a 41 foot width. Motion passed 4 to 0. CITY ACCEPTANCE OF GREEN TEE TERRACE, SECTION IV, STREETS, WATER SYSTEM, SANITARY SEWER SYSTEM AND DRAINAGE It was moved by Councilmember Smith, seconded by Councilmember Bost, that the City accept Green Tee Terrace, Section IV, streets, water system, sanitary sewer system, drainage and all the other appurtenances that they will be deeding to the City. Motion passed 4 to 0. NEW BUSINESS CHANGE IN THE ORM OF BUSINESS RESOLUTION NO. R89-15, RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CANVASSIM THE RETURNS AND DECLARING THE RESULTS OF CITY OFFICERS' Ei=CN HELD ON MAY 6, 1989 Resolution No. R89-15 was read in its entirety by Councilmember Tetens. It was moved by Councilmember Tetens, seconded by Councilmember Smith, that Resolution No. R89-15 be passed and approved on the first and only reading. Said Resolution No. R89-15 reads as follows: RESOLUTION ND. 889-15 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAM, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE REGULAR CITY OFFICERS ELECTION HELD IN THE CITY OF PEARLAND, TEXAS, ON MAY 6, 1989. On this the 8th day of May, 1989, the City Council of the City of Pearland, Texas, convened in Regular Session open to the public at the regular meeting place thereof with the following members present, to wit: Mayor Tom Reid Councilmember David Smith Councilmember James Bost Councilmember William E. Wolff Councilmember Richard Tetens and the following absent: Councilmember Stella Roberts constituting a quorum, and among other proceedings had were the following: Councilmember Tetens introduced a Resolution and Order and moved its adoption. The motion was seconded by Councilmember Smith, and the motion carried with the adoption of the Resolution and Order prevailed by the following vote: AYES Councilmembers -Tetens,.- Smith and -Bost NAYS None ABSTENTIONS Councilmember Wolff. The Resolution is as follows: WHEREAS, there was held in the City of Pearland, Texas, on the 6th day of May, 1989, a Regular City Officers' Election at which the filling of the offices of Member of the Council, Position No. One (1) and Member of the Council, Position No. Five (5) were submitted to a vote of the duly qualified resident electors of said City; and WHEREAS, at this Regular Meeting of the City Council of the City of Pearland, on May 8, 1989, after date of said election being the first meeting of the City Council to be held since said election at which returns of said election could be considered and final results declared. NOW THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: KIN Section I. That the election described was duly called and notice thereof given in accordance with law; that said election was held in the manner required by law; that due returns of said election have been made by the proper officers; and it appeared from said returns, duly and legally made, that there were cast at such election 1,936 valid and legal votes; and that said election resulted in the following vote totals: �:• I� Ia�l• 1," 6.1 / I • 1. 1 Iasi• I D. A. MILLER, JR. 1,084 STELLA ROBERTS 833 1' I� 1:11' 1 I ♦ 1 1 ' I r 1, i la �l' WILLIAM E. WOLFF 1,039 RUBY SANDARS 870 Section II. That the City Council of the City of Pearland, Texas, hereby officially and affirmatively declares that the results shown above are the real and true results of the election held on May 6, 1989, within the City of Pearland, Texas, that the candidate elected for Member of the Council Position Number One is declared to be D. A. Miller, Jr. and that the candidate elected for Member of the Council Position Number Five is declared to be William -E.- Wolff and said above parties are hereby declared duly elected to said respective offices, subject to taking of their oaths and filing bond as provided by the laws of the State of Texas. Section III. It is further found and determined that in accordance with the Order of this governing body, the City Secretary posted written notice of the date, place and subject of this meeting on the bulletin board located in the City Hall, a place convenient to the public, and said notice having been so posted and remaining posted continuously for at least 72 hours preceding the date of this meeting. A copy of the return of said posting shall be attached to the minutes of this meeting and shall be made a part hereof for all intents and purposes. Section IV. The following Exhibits A, B and C (Election Results) are attached hereto and made a part hereof by Reference. PASSED, APPROVED and ADOPTED this the 8th day of May, A. D., 1989. ATTEST: /s/ Kay Krouse City Secretary APPROVED AS TO FORM: /s/ Robert E. Talton City Attorney Voting "Aye" - Councilmembers Smith, Tetens and Bost. Voting "No" - None. /s/ Tom Reid Mayor Ti! 16.2423—Notice of Special or Regular Meeting of Governing Body of City or Town and Returns—Class 3 (975) r— RHtil I "'—.+.... a.... .I .... NOTICE OF MEETING OF THE GOVERNING BODY OF Hart Graphics, Austin, Texas —CITY-OF.-PEARLAND-)-TEXAS (Name of City or Town) Notice is hereby given that a Regular meeting of the governing body of the above (Special or Regular) named City or Town will be held on the 8 day of May , 19 89 , at _ 7:30 P in the City Hall at — 3519 Liberty Drive, Pearland Texas, at which time the following subjects will be discussed, to -wit: — (SEE AGENDA ATTACHED) AGEMA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS TO BE HELD ON MAY 8, 1989, AT 7:30 P. M., IN THE CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS I. CALL TO ORDER II. INVOCATION AND PLEDGE OF ALLEGIANCE III. APPROVAL OF MINUTES: 1. Regular Meeting of April 24, 1989 2. Special Meeting of May 1, 1989 IV. MAYOR'S ACTIVITY REPORT - Proclamations: 1) National Teacher Day 2) Police Week in Pearland 3) Meals on Wheels Day V. COUNCIL ACTIVITY REPORTS VI. DEPARTMENTAL REPORTS VII. CITIZENS: None VIII. DOCKETED PUBLIC HEARINGS: None IX. UNFINISHED BUSINESS 1. CONSIDERATION AND POSSIBLE ACTION ON THE FOLLOWING - (a) CITY COUNCIL TO WAIVE $250.00 FEE, AND REFUND THE CHECK, FOR PEARLAND INDEPENDENT SCHOOL DISTRICT REQUESTING A VARIANCE BEFORE THE ZONING BOARD OF ADJUSTMENT. (b) RATIFICATION OF WAIVER OF ZONING BOARD OF ADJUSTMENT FEE FOR NONNY WALKER. 2. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF PARTICIPATION ON WATERLINE EXTENSION WITH DEVELOPERS OF NASAWOOD SUBDIVISION. 3. CONSIDERATION AND POSSIBLE ACTION - REQUEST BY RUSSELL PLANK, RUSSELL D. PLANK & ASSOCIATES, FOR A VARIANCE ON STREET WIDTH OF NASAWOOD BLVD., IN NASAWOOD SUBDIVISION, FROM A 41 FOOT BACK TO BACK TO A 28 FOOT BACK TO BACK CONCRETE STREET. 4. CONSIDERATION AND POSSIBLE ACTION - CITY ACCEPTANCE OF GREEN TEE TERRACE, SECTION IV. STREETS, WATER SYSTEM, SANITARY SEWER SYSTEM AND DRAINAGE. X. NEW BUSINESS 1. CONSIDERATION AND POSSIBLE ACTION - REQUEST BY DAVID RUNYON OF INLAND GEOPHYSICAL SERVICES, INC. FOR PERMIT TO CONDUCT SEISMOGRAPH TESTING WITHIN THE CITY LIMITS OF PEARLAND. 2. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 567, ORDINANCE PROVIDING FOR RESTRICTION OF PARKING UPON CERTAIN STREETS AND HIGHWAYS IN THE CITY OF PEARLAND, AND PROVIDING FOR A PENALTY FOR THE VIOLATION THEREOF. LOCATION ON NORTH MAIN (HIGHWAY 35). 3. CONSIDERATION AND POSSIBLE ACTION - MAY 6, 1989 REGULAR CITY OFFICERS' ELECTION - (a) RESOLUTION NO. R89-15, A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CANVASSING THE RETURNS AND --+- ,T,T,. TTCYTTT mc• nc I'll nVVT1-r10-_1 FT FP'TT(1N T-TF:T.n nN MAY 6. 209 Motion passed 3 to 0. Councilmember Wolff abstained. Mayor Reid administered the Oath of Office to William Wolff and D. A. Miller, Jr. Mayor Reid then issued Certificates of Election to D. A. Miller, Jr. for Position No. 1 and to William Wolff for Position No. 5. ELECTION OF MAYOR. PRO TEM It was moved by Councilmember Smith, seconded by Councilmember Miller, that Billy Wolff be elected to serve as Mayor Pro Tem. Motion passed 4 to 0. Councilmember Wolff abstained. REMT BY DAVID RUNYON OF IHIAND GEORUSICAL SERVICES, INC. FOR PERMIT TO COND[= SEISM!DGRAPH TESTING WITHIN THE CITY LIMITS OF PEARLAND Mayor Reid informed this item would be passed to a future agenda. ORDINANCE NO. 567, ORDINANCE PROVIDING FOR RESTRICTION OF PARKING UPON CERTAIN STREETS AND HIGHWAYS IN THE CITY OF PEARLAND, AND PROVIDING FOR A PENALTY FOR THE VIOLATION TFEMN. LOCATION ON NORM RUN (HIGHWAY 35) Ordinance No. 567 was read in caption by CoLncilmember Smith. (First Reading) It was moved by Councilmember Smith, seconded by Councilmember Bost, that Ordinance No. 567 be passed and approved on the first of two readings. Said Ordinance No. 567 reads in caption as follows: ORDINANCE NO. 567 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, PROVIDING FOR THE RESTRICTION OF PARKING UPON CERTAIN STREETS AMID HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, AS SET OUT IN THIS ORDINANCE; AND PROVIDING A PENALTY OF A FINE NOT LESS THAN $1.00 AND NOT TO EXCEED $500.00 FOR THE VIOLATION OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Tetens, Wolff, Smith and Bost. Voting "No" - None. Abstaining - Councilmember Miller. Motion passed 4 to 0. AWOUT The meeting adjoumed at 8:52 P. M. Minutes approved as corrected this A. D., 1989. ATTEST: /�-x� z �_ City SQtretary INSERT FROM PAGE 206 �.Z day of , lmyo—r RATIFICATION OF WAIVER OF ZONING BOARD OF ADJUSTMENT FEE FOR NONNY VOM= It was moved by Councilmember Smith, seconded by Councilmember Wolff, that Council waive the fee to Mr. Nonny Walker for $250.00. Motion passed 4 to 0.