1989-06-26 CITY COUNCIL REGULAR MEETING MINUTES225
OF A RMM MEETM OF THE CITY MWIL OF TES CITY OF PEARLAND, TEXAS, HELD
ON JUNE 26, 1989, AT 7:30 P. M. IN THE CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TIICAS
The meting was called to order with the following present:
Mayor
Tom Reid
Councilmember/Mayor Pro Tem William Wolff
Councilmember James Bost
Councilmember David Smith
Councilmember D. A. Miller, Jr.
City Manager Ronald J. Wicker
City Secretary Kay Krouse
Absent from the Meeting: Councilmember Richard Tetens and City Attorney Robert
Talton.
,INVOCATIOK AND PLEDGE OF T TFI�TA11t`F
The invocation was given by Rev. B. V. Barnett. The Pledge of Allegiance was led by
City Secretary Kay Krouse.
APPROVAL OF MINUTES
It was moved by Councilmember Bost, seconded by Councilmember Wolff, that the Minutes
of the Regular Meeting of June 12, 1989, be approved as presented.
Motion passed 4 to 0.
MAYOR'S ACTIVITY SRT
Mayor Reid issued a proclamation proclaiming Friday, July 28, 1989, as Pearland Night
with the Astros. Accepting the proclamation were Patty Bates, Clean Pearland
Coordinator and Paula Scardino and Laura Austin from West Side Bank who will be
helping with the ticket sales. Ms. Bates informed that after 250 tickets are sold,
the Astros will give us a rebate on anything over that with the proceeds donated to
the Hike and Bike Trail.
Mayor Reid advised that, due to the inclement weather, the Library Board members were
not present this evening and would give their status report at a future Council
meeting.
Councilmember Bost reported he had attended some very interesting and informative
sessions this past weekend at the T.M.L. Conference in Corpus Christi. One session
was on Open Meetings and Open Records Act, with a follow-up session on questions and
answers concerning this. One session dealt with the aging population, whereby cities
could come up with part time work for the senior citizens, using their expertise in
certain fields. Councilmember Bost also stated that another session on legislative
update informed that by January 1, 1990, every city must have appointed a Records
Manager and by January 1, 1991, every city must establish, by ordinance, a program
for records retention.
Councilmember Smith reported he had two suggestions he believed would elevate both
morale and efficiency of the employees. One is for the City to extend to all City
employees and their families a season pass to the City pool. Two, while having an
opportunity to work with some City employees, he has found they are very industrious
and eager to learn new skills. Councilmember Smith said he feels there are a lot of
senior citizens in our community who would be willing to come and give workshops and
demonstrations to the employees, thereby raising the proficiency of the employees
while costing the City little or nothing.
Councilmember Wolff inquired about the status of the repair or replacement of the
tape recorder used in the Council Chambers.
City Manager Ron Wicker responded that the recorder has not been replaced but that
226
the Staff has been looking for a commercial -type tape recorder that is possibly
better than what we now have.
Councilmember Wolff suggested Staff use another recorder along with the existing one
until the problem is resolved. Councilmember Wolff stated he feels it is imperative
we maintain a good reliable record.
Concerning the Hike and Bike Trail, Councilmember Wolff questioned whether any
permits or rights-of-way are needed on the portion of the trail along Liberty Drive,
from Shadybend to John Lizer.
City Manager Wicker informed that, in looking at the plans on the location of the
hike and bike trail, he believes the trail can be constructed in the existing right-
of-way with some utility relocations in the Parkview section. However, there may be
some additional right-of-way needed in front of the old church.
Councilmember Wolff inquired if City Staff could proceed with acquiring whatever
right-of-way is needed.
Mayor Reid advised this item would be on the next Council agenda for consideration.
Councilmember Wolff reported regarding the session in Corpus Christi on Senior
Citizens, that it was brought out that there will be an 800 number established in
Austin, the Legal Assistance Hotline, whereby anyone over 60 years of age can call to
obtain free legal advice.
Councilmember Mi11 er reported he had met with the City Manager and City Attorney
regarding the City retirement program in relation to certain City employees and items
pertaining to some citizen complaints within the City. All the matters were cleared
up to his satisfaction and were being addressed adequately at the present time,
Councilmember Miller stated.
Councilmember Miller reported he attended the Brazoria County Cities Association
meeting last Wednesday evening which was hosted by Jones Creek and found it to be
very informative.
Councilmember Miller reported he attended some instructive workshops in Corpus last
weekend: the legislative update, elective officials liability program, improving the
city's economic condition and how to evaluate a city manager.
Councilmember Miller questioned the status of the proposed budget.
City Manager Wicker informed that Staff would be getting a draft copy to Council for
their review by the end of the week. In reponse to his request, City Manager Wicker
said he would furnish Councilmember Miller a copy of what each of the departments
has requested.
City Manager Ron Wicker reported that Staff, along with Councilmembers Smith and
Wolff, met with Helen Pasternak at the Aaron Pasternak, Memorial Park regarding
the dedication of the park which is located in the Parkview Subdivision. Councilmember
Smith, along with Parks Department employees, had poured the foundation and placed
the memorial stone. Mrs. Pasternak seemed very pleased with what she saw at the
park, Mr. Wicker said. She has requested Saturday, August 12, as the dedication date
for the park.
City Manager Wicker reported there does not seem to be any major flooding problems at
this time with the amount of rain that has fallen over the last several days. City
employees will be ready to respond with whatever they can do if major flooding
occurs.
City Manager Wicker reported he and Councilmember Smith met this morning with repre
sentatives of the Texas Department of Highways and Public Transportation regarding
the bridge projects. About a month ago Council discussed some amended estimates the
Highway Department had come up with, specifically on the Dixie Farm Road bridge at
Mary's Creek bypass and Longherridge bridge at Mary's Creek. Last week we were
notified, by phone, that the Highway Department needed to make some additional
changes. At this morning's meeting, we discussed what the City needed to do. We
were advised the Highway Department will be reworking their estimates and we will be
notified of their results. Mr. Wicker said he would inform Council when the Highway
Department completes the new design criteria for these bridge projects.
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I IV I • aw IDoI
1. Charles Kinsey, Attorney, 5208 W. Broadway. Mr. Kinsey signed to speak before
Council but was not present at the meeting.
2. Carlton McComb, 3914 Shadycrest. Mr. McComb spoke about events happening at the
last Council meeting during a discussion of the Resolution on impact fees at
which time, he said, there were some allegations made by Councilmember Bost that
there had possibly been a secret or illegal meeting by three members of the City
Council and a possible conflict of interest by two members of the City Council
before this item was voted on. Mr. McComb said that for months Councilmembers
Smith and Wolff have voiced their opposition to the impact fees by their actions
on the voting concerning this issue. Both Councilmembers Wolff and Miller, in
their recent campaign, voiced their opposition so the entire community was aware
the impact fees would be delayed. Mr. McComb said be believes there is no way
it could be construed that there has been a secret meeting by these three
councilmembers. Mr. McComb said he felt the fact a councilmember is talking in
an open meeting about what another said in Executive Session might well diminish
the trust every councilmember has in each other in Executive Session. Mr. McComb
said he also felt an opinion from the City Attorney should not have been
requested on this because he believes the City Attorney's duty is to advise
Council and not to make a ruling in public about the conduct of the Council.
On the issue of conflict of interest, Mr. McComb explained his thoughts about how
anyone could read something of this type as a conflict of interest even if you
only owned a home in Pearland. In conclusion, Mr. McComb stated he personally
objected to any member of the Council throwing mud at another in a public
meeting. They each are elected by a majority of citizens at that time and should
conduct themselves accordingly.
Councilmember Bost informed that he had a copy of the Open Meetings Act.
3. Marie Collins and Vic Sturm, Attorneys, 2420 S. Grand. Vic Sturm spoke (Ms.
Collins was not present) representing Ike Hall, Inc., stating his client claims a
lien on the singular concrete street in the Westwood Village Subdivision. Mr.
Sturm stated he would like to point out to Council that the City of Pearland
Subdivision Ordinance requires the approval and acceptance of the lienholders
before acceptance of a subdivision; and that, in the case of Westwood Village,
acceptance of Ike Hall, Inc. has neither been sought or granted.
4. James Birdsong, 2601 Woodcreek. Mr. Birdsong spoke on behalf of himself and his
wife, as concerned citizens of Pearland interested in the quality of life for all
citizens and with the belief the taxpaying citizens have an obligation to parti-
cipate in the City government and support the elected officials. Mr. Birdsong
said they would like to thank Councilmembers Bost and Tetens for their stand
concerning the conflict of interest issue at the last Council meeting. This, he
said, is the concern of many others in the community and they feel they have a
right to know the decision made by the legal advisor of the City. Mr. Birdsong
concluded his statement by respectfully requesting each of the Councilmembers
conduct themselves in a businesslike and ethical manner for they believe Council
is accountable to all the taxpayers and has a moral duty and obligation to the
community.
5. Rev. B. V. Barnett, 5402 Ryan Acres. Rev. Barnett, representing all residents of
Ryan Acres, requested Council consideration of retopping Ryan Acres Street with a
2" overlay of blacktop. Rev. Barnett presented pictures to Council showing the
condition of the street. He mentioned he had brought with him a right-of-way
deed dedicating to the City a portion of his property along Magnolia Street and
questioned whether, because of this contribution, he could get a free water tap.
DOCKED PUBLIC BFARINGS - None
tAVFIlVISi� BUSINESS
CITY ACCEPTANCE OF WO1.MM VTT.r", SECTION I, STHWTS, WATER SYSTEM, SAMffARY SEMM
SYSTER AMID DRAINAGE
City Manager Ron Wicker explained he had discussed this item with City Attorney
Robert Talton who felt if the present developer of Westwood Village, Pulte Homes,
228
were to furnish the City with an indemnity agreement protecting the City from any
legal action regarding this property in the future and were to also provide the City
a title policy without exception, the City could accept Westwood Village. Mr. Wicker
stated that because of the issue brought out by Mr. Sturm regarding the subdivision
ordinance as it pertains to acceptance, he was not certain he would recommend Council
acceptance of the subdivision this evening.
It was moved by Councilmember Wolff, seconded by Councilmember Smith, that Council
take no action on this item, that it be held in abeyance until such time as the
problem of compromising our own ordinance is resolved either by having an acceptable
way to get by with the way the ordinance is or by having an amendment to the
ordinance making a way.
Motion passed 4 to 0.
ORDINANCE NO. 568, ORDINANCE AU HMIZING XULVaON OF AN AGREEMENT BETWEEN THE CITY
OF PEARUND AMID THE SANTA FE ENERGY COMPANY FOR AN OIL, GAS AND MINERAL LEASE ON CITY
PROPERTY
City Manager Ron Wicker explained that some changes have been made in the wording of
the lease on the advice of Ray Blaylock who was a Land and Lease Agent with Shell Oil
Company for 34 years.
Councilmember Miller requested Staff make sure the lessor abides by paragraph 14
wherein the lessor agrees not to enter this 20 acre tract because if there are any
hazards to the health in this area, he would not want to have the City placed in a
position of liability.
Ordinance No. 568 was read in caption by Councilmember Bost. (First Reading)
It was moved by Councilmember Bost, seconded by Councilmember Wolff, that Ordinance
No. 568 be passed and approved on the first of two readings.
Said Ordinance No. 568 reads in caption as follows:
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT, A FACSIMILE OF SAME
BEING ANNEXED HERETO, INCORPORATED HEREIN FOR ALL PURPOSES DESIGNATED
EXHIBIT "A" BY AND BETWEEN SANTA FE ENERGY COMPANY AND THE CITY OF
PEARLAND, TEXAS.
Voting "Aye" - Councilmembers Bost, Smith, Wolff and Miller.
Voting "No" - None.
Motion passed 4 to 0.
ORDIW= NO. 509-14, ORDINANCE AMENDING. LAND USE AND URBAN DEVED0PMENT ORDINANCE AND
AMENDING THE LAND USE DISTRICT NEAP; APPLICATION NO. 12, CITY OF PEARLAND, AGENT; ZONE
CHANE ON THE POIZAWING PROPERTY: GREEN TEE SUBDIVISION TO OUSE RESERVE, BLOCKS 3,
7 AND 1/2 OF 8, SECTION I AND 1/2 OF BLOCK 8, SECTION II FROM R-3 TO R-4; CORRIGAN
SUBDIVISION, SECTIONS 1-5 FROM R--4 TO R-2; WILLOWICK SUBDIVISION FROM R-4 TO R-2;
SPRnVCFIEIa SUBDIVISION FROM R-3 TO R-2; AND SIMWOOD SUBDIVISION - NO ZONE INDICATID
TO R-2
Ordinance No. 509-14 was read in caption by Councilmember Smith. (Second Reading)
It was moved by Councilmember Smith, seconded by Councilmember Bost, that Ordinance
No. 509-14 be passed and approved on the second and final reading.
Said Ordinance No. 509-14 reads in caption as follows:
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS; PROVIDING AN AMENDMENT OF THE LAND USE DISTRICT MAP;
PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO
THE SUBJECT.
229
Voting "Aye" - Councilmembers Miller, Wolff, Smith and Bost.
Voting "No" - None.
Motion passed 4 to 0.
ORDINANCE NO. 509-15, ORDINANCE AMENDING SECTION 19.7 (MINIMUM PARKING AREA AND
SPACES) OF LAND USE AND URBAN DEVELOPMENT ORDINANCE, CHANGING TABLE V AS TO STALL
WIDFii-I F#KX TEN FEET TO NINE FEET
Ordinance No. 509-15 was read in caption by Councilmember Wolff. .(Second Reading)
It was moved by Councilmember Wolff, seconded by Councilmember Miller, that Ordinance
No. 509-15 be passed and approved on the second and final reading.
Said Ordinance No. 509-15 reads in caption as follows:
ORDINANCE NO. 509-15
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PRO-
VISIONS RELATING TO THE SUBJECT.
Voting "Aye" - Councilmembers Bost, Smith, Wolff and Miller.
Voting "No" - None.
Motion passed 4 to 0.
NEW BUSINESS
REPCHT BY 1989 CEMUER IWDEW CONINIISSION AND CITY ATTORNEY'S ( fly CIT SAME
Helen Beckman, Chairman of the 1989 Charter Review Commission, read the following
report into the records of the City:
TO: CITY COUNCIL OF THE CITY OF PEARLAND
FROM: THE CHARTER REVIEW COMMISSION
DATE: MAY 24, 1989
SUBJECT: REPORT FROM THE CHARTER REVIEW COMMISSION AMID
PROPOSED CHARTER REVISIONS
The Charter Review Commission for 1989, composed of members Helen Beckman, Bill
McClelland, Fran Coppinger, Dorothy Cook and Jim DeShazer have completed their duties
and, as stipulated by the Charter, hereby make our report to the City Council.
The Charter Review Commission met on six different occasions, the dates of such
meetings were: February 1, 1989; February 15, 1989; March 8, 1989; April 12, 1989;
April 26, 1989; and May 17, 1989. A Public Hearing was held on May 17, 1989 to
receive input from the public concerning any proposed charter changes or revisions.
In accordance with our understanding of the duties established in the Charter, we
submit the following recommendations for changes to be made to the Charter of the
City of Pearland:
1. Resolutions may be read by caption only, at the will of the council.
2. Change the term "City Health Officer" in Section 4.08 (Department of Health and
Sanitation) to "City Health Authority."
3. Amend all references within the Charter which currently read "Councilman" to
"Councilmember," also all references to the pronoun "he" and "his" should be
changed to read 'lie/she" or "his/her." We recommend that this be accomplished
by a single amendment rather than a specific charter change for each instance
such language is used in the Charter.
230
4. In the event a city employee is elected to a council position, it is an auto-
matic termination of that person's employment with the City of Pearland.
5. Add a stipulation that after a Councilmember serves two consecutive terms,
he/she cannot run for reelection again until after three years have elapsed.
6. Under Section 8.10, Date of Final Adoption of the Budget, we recommend adding
the following section:
Failure to Adopt: If the Council fails to adopt the annual budget before the
start of the fiscal year to which it applies, appropriations of the last budget
adopted shall be considered as adopted for the current fiscal year on a month-
to-month, pro rata basis until the next regular budget is adopted.
7. Under Section 4.01 - City Manager, we recommend the following changes be made:
4.01.b. Delete the sentence: "In case of the absence or disability of the City
Manager, the City Council may designate some qualified person to perform the
duties of the office during such absence or disability."
4.01.d. Should be changed to read: "The City Manager, with the approval of the
City Council, may appoint an Assistant City Manager."
4.01.d. Delete the remainder of the sentence: "who shall be the administrator
of all Departments which are directly answerable to the City Manager, with the
exception of those Departments administered by the Director of Public Works.
Such Assistant City Manager shall have all of the powers and duties of the City
Manager in the event of the absence or disability of the City Manager.
Insert the following provision: Absence of City Manager: The City Manager may
designate, by letter filed with the City Secretary, a qualified administrative
officer of the City to perform the duties of the City Manager during a temporary
absence or disability of said Manager. In the event of failure of the Manager
to make such designation, the Council may by resolution appoint an officer of
the City to perform such duties until the Manager shall return, his/her
disability shall cease, or he/she shall be replaced.
8. Article 7, Section 7.01 should be restated to eliminate the requirement that the
Planning and Zoning Commission meet even when there is no business to conduct.
9. Sections 5.01, 5.04 and 5.06 should be brought into conformance with existing
state laws.
Section 5.01 should be changed to read: City elections will be held "the first
Saturday in May." Also, the date of the run-off elections should be included in
this section as the next to the last Saturday in May.
Section 5.04 should be changed to read that candidates must file for office
forty-five days prior to an election.
Section 5.06 delete the portion of the last sentence that reads, "...no less
than twenty (20) days prior to the date of such election in the official
newspaper of the City." and substitute the words, "...in accordance with the
Texas election laws."
10. Article 4, Section 4.06.b. should be changed to read, "There shall be a Court
Clerk appointed by the City Manager with the approval of the City Council. The
Clerk and the deputy clerks shall have the power to administer oaths, make
certificates, affix the seal of the court, and perform all acts usual and
necessary by the Court Clerk in issuing process and conducting business of the
court."
11. In addition to the above listed recommendations for charter changes, the
following items refer to recommendations for policy matters that the Charter
Review Commission would further like to submit to the Council for their
consideration:
a. The Charter Review Commission would like for the City Council to consider as
a part of their future planning processes the need to consider the appro-
priate time to make the change to single -member council districts. It is
the opinion of the Charter Review Commission members that not only are large
cities making such a change, but that many small. cities are doing the same,
and it would be to the advantage of the City of Pearland to select the
231
appropriate time that best serves our citizenry for making this change.
b. The organization chart for the City of Pearland does not conform to the
Charter Section 4.01.d., Assistant City Manager; all departments except
Director of Public Works report to Assistant City Manager under the Charter
but the same provisions are not made under the organization chart. We
recommend that the provisions of the Charter and the organization chart
should be brought into conformance.
We would like to thank the Council for this opportunity to serve the City of Pearland
r— and appreciate the opportunity that you have afforded us to provide this service.
Please call upon us again when you feel we can be of further service to the Council
or the City.
/s/ Helen Beckman, Chairman
/s/ Bill McClelland, Vice Chairman
/s/ Fran Coppinger, Secretary
/s/ Dorothy Cook
/s/ Jim DeShazer
Mayor Reid commended Mrs. Beckman and the other members of the Commission for the
thorough report and for their very fine contribution to the City.
It was moved by Councilmember Bost, seconded by Councilmember Smith, that this
report, along with the City Attorney's comments, be received into the records of the
City for consideration and study.
Motion passed 4 to 0.
EXCUSED ABSENCE FOR COUNCILMEMBER RICHARD TETENS FROM THE REGULAR CITY COUNCIL
MEEMU OF JUNE 26, 1989
It was moved by Councilmember Bost, seconded by Councilmember Miller, that
Councilmember Richard Tetens be excused from the Regular City, Council.Meeting of June
26, 1989.
Motion passed 4 to 0.
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City Manager Ron Wicker explained that the guidelines for granting tax abatement as
set out in this resolution were patterned after Harris County's along with the City
of Katy's. One thing that needs to be considered is the amount of money Council
would abate for a prospective business. Harris County sets this amount at $5
million. We have proposed $1 million in this resolution, but, Mr. Wicker said, he
thought this was still too high and would like to recommend between $200,000 to
$500,000. Also, at some time, Council will have to designate reinvestment zones
within the City which could be our present M-1 and and M-2 zoning districts, possibly
working in some Commercial areas adjacent to these M-1 and M-2 zones.
In general Council discussion, it was brought out that several items need to be
considered before passage of these guidelines. Those being: a commitment or some
indication from the School District that it will adopt the same guidelines; cutting
the amount of money to abate; cutting the number of employees required; explanation
of the 100 mile radius; and deleting the requirement that employees live within the
city limits.
Mayor Reid advised this item would be passed to a future agenda.
RESOLUTION NO. R89-22, RESOLUTION CONCERNING THE INSTALLATION OF TRAFFIC CONTROL
EMCES IN THE CITY ( T21ENCE PARK ROAD TO BF7O= ONS -WAY)
City Manager Ron Wicker mentioned that the one-way signage around the park was
recommended by the Parks Board. Later, a separate lane around the outside of the
road will be striped for pedestrians and bikers.
Resolution No. R89-22 was read in its entirety by Councilmember Miller.
It was moved by Councilmember Miller, seconded by Councilmember Wolff, that
Resolution No. R89-22 be passed and approved on the first and only reading.
232
Said Resolution No. R89-22 reads in caption as follows:
RESOLUTION NO. 889-22
A RESOLUTION CONCERNING THE INSTALLATION OF TRAFFIC CONTROL DEVICES IN THE
CITY AND RATIFYING THE SAME.
Voting "Aye" - Councilmembers Miller, Wolff, Smith and Bost.
Voting "No" - None.
Motion passed 4 to 0.
RESOLUTION NO. R89-23, RESOLUTION CONCERNING THE INSTALLATION OF TRAFFIC CONTROL
DEVICES IN THE CITY (FOUR STOP SIGNS AND ONE YIELD SIGN IN GREEN TEE SUBDIVISION,
SECTION IV
Resolution No. R89-23 was read in its entirety by Councilmember Bost.
It was moved by Councilmember Bost, seconded by Councilmember Smith, that Resolution
No. R89-23 be passed and approved on the first and only reading.
Said Resolution No. R898-23 reads in caption as follows:
RESOLUTION NO. R89-23
A RESOLUTION CONCERNING THE INSTALLATION OF TRAFFIC CONTROL DEVICES IN THE
CITY AND RATIFYING THE SAME.
Voting "Aye" - Councilmembers Bost, Smith, Wolff and Miller.
Voting "No" - None.
Motion passed 4 to 0.
RESOLUTION NO. R89-24, RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE INTERLOCAL
AQP WITH HOL STON-GALVESTON AREA COUNCIL FOR ME PUKE[ASE OF AMBULANCE FOR TIS
PEARLAND ENVY MEDICAL SERVICE
Resolution No. R89-24 was read in its entirety by Councilmember Wolff.
It was moved by Councilmember Wolff, seconded by Councilmember Miller, that
Resolution No. R89-24 be passed and approved on the first and only reading.
Said Resolution No. R89-24 reads in caption as follows:
RESOLUTION NO. R89-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING
THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH HOUSTON-GALVESTON
AREA COUNCIL FOR THE PURCHASE OF AN AMBULANCE FOR THE PEARLAND EMERGENCY
MEDICAL SERVICE.
Voting "Aye" - Councilmembers Miller, Wolff and Bost.
Voting "No" - None.
Councilmember Smith abstained.
Motion passed 3 to 0.
AUTHORIZATION FOR CITY STAFF TO WORK WITH J. D. ABRAMS, INC., AS NEEDED, IN THE
CLOSING OF VARIOUS INTERSECTIONS DURING THE CONSTRUCTION OF THE FM 518 WIDENING
PROJECT
City Manager Ron Wicker explained that the intersections involved are those on the
north side only of FM 518 and in order to expedite these matters, we are requesting
authorization to work with J. D. Abrams, Inc., as needed, in the closing of the
intersections during construction.
It was moved by Councilmember Wolff, seconded by Councilmember Smith, that the City
Manager be authorized to make whatever arrangements are necessary concerning the
closing of intersections with J. D. Abrams, Inc. on the FM 518 widening project.
233-
Motion
33-
Motion passed 4 to 0.
14, 1WW Vol* / 1 J� / 1� Ia�l• 1 1 •1�l' N
City Manager Wicker requested Council ratification of his appointment of James
Gilbert to the Civil Service Commission.
It was moved by Councilmember Smith, seconded by Councilmember Bost, for the
ratification of James Gilbert, being the City Manager's appointment as member to the
r- Civil Service Commission for the next three years.
Motion passed 4 to 0.
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Mayor Reid advised this item would be passed to the Special Meeting this Thursday
night.
ESTIMATE NO. 4, LANG & SON, INC., FOR CONSTRUCTION OF GREEN TEE WATER STORAGE AND
BOOSTER P W STATION, IN TIE ANlW OF $7,992.00
It was moved by Councilmember Smith, seconded by Councilmember Bost, that Estimate
No. 4, Long & Son, Inc., for construction of the Green Tee Water Storage and Booster
Pump Station, in the amount of $7,992.00 be approved and payment made from the appro-
priate funds.
Motion passed 4 to 0.
AUTHORIZATION FOR CITY STAFF TO PURCHASE BASE MATERIAL FROM CONTRACTOR OF FM 518
WIDEN= PROJECT FOR MAGNOLIA STREET PAVD1G
City Manager Ron Wicker explained that the City would be able to purchase some base
material from the subcontractor on the FM 518 widening project. This would be at a
rte- good price, with an estimated cost somewhere between $7 to $9 per cubic yard, de-
livered. We will need approximately 1800 cubic yards. This would be stockpiled
until the subgrade preparation is completed for Magnolia Street extension. Approxi-
mately $12,000 to $16,000 is requested with payment coming out of Street Band funds.
It was moved by Councilmember Wolff, seconded by Councilmember Bost, that Staff be
authorized to purchase base material from the subcontractor on the FM 518 widening
project for Magnolia Street extension paving and that payment be made from Street
Bond funds.
Motion passed 4 to 0.
Mayor Reid advised this item, along with the Executive Session item, would be passed
to the Special Meeting on June 29.
Upon the request of Steve Paxson, attorney for Pulte Homes, Mayor Reid granted
approval for him to address Council.
Mr. Paxson spoke to Council concerning the acceptance of Westwood Village. Mr.
Paxson informed that the only provision in the Pearland code regarding the need for
acceptance by the lienholders is found on page 1626 and refers to the securing of the
lienholder's approval in the subdivision plat. Mr. Paxson produced a copy of the
subdivision plat stating that it was approved by the City Council and filed for
record in 1984 and it did reflect all the lienholder's approvals so this requirement
has been met. Mr. Paxson informed he had conferred with City Attorney Robert Talton
and he had agreed with him on this issue.
MEETI? RECESSED AT 9:52 P. M.
MEE.TM AECONMM AT 9:56 P. M.
CITY ADCEPTAN E OF WEST 1OOD vrT.r.A[•.F:, SECTION I, STREETS, WATER SYSTEM, SANITARY MM
SYSTEM AMID DRAINAGE ( CONTINUED )
City Manager Ron Wicker advised he had spoken to City Attorney Robert Talton by phone
234
about the condition in the subdivision ordinance relative to liens and he agreed with
what Mr. Paxson has said about the matter. Mr. Talton informed him that as long as
we have the indemnity agreement and a title policy without exception, he has no
problems with the City accepting the subdivision.
It was moved by Councilmember Wolff, seconded by Councilmember Smith, that the motion
made by Councilmember Wolff under Item No. 1, Unfinished Business, be rescinded.
Motion passed 4 to 0.
It was moved by Councilmember Wolff, seconded by Councilmember Smith, that the City
accept Westwood Village, Section I, streets, water system, sanitary sewer system and
drainage, subject to the receipt of the indemnity agreement and title policy without
exception.
Councilmember Miller stated he felt this situation still has some problems that
need to be cleared.
Motion passed 3 to 1. Councilmember Miller voted against.
The meeting adjourned at 10:01 P. M.
Minutes approved as submitted and/or corrected this 1a day of
A. D., 1989.
ATTEST:
City SecOFetary
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