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1988-02-01 CITY COUNCIL REGULAR MEETING MINUTES227 MMM OF A REGAM MEETDC OF THE CITY COIL OF THE CITY OF PEAMm, TEXAS, HETD ON FEBRUARY 1, 1988, AT 7:30 P. M. IN THE CITY HALL, 3519 LIBERTY DRIVE, PEARLARD, TEXAS The meeting was called to order with the following present: Mayor Councilmember Councilmember Councilmember Councilmember City Manager City Attorney Assistant City Manager City Secretary Tom Reid William E. Wolff Dennis Frauenberger James Bost Stella Roberts Ronald J. Wicker Luke L. Daniel Donald Birkner Kay Krouse Absent from the Meeting: Councilmember/Mayor Pro Tem Richard Tetens. The invocation was given by Mayor Tom Reid. Councilmember Dennis Frauenberger. The Pledge of Allegiance was led by It was moved by Councilmember Bost, seconded by Councilmember Roberts, that the Minutes of the Regular Meeting of January 25, 1988, be approved as presented. Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT Mayor Reid read a letter he had received addressed to him and the Council from Susan Horton, General Counsel - Texas Municipal League, concerning Resolution No. R87-30, passed by the Pearland City Council in November. This Resolution appointed the City Manager to have administrative oversight over the City Attorney and Municipal Court Judge. Ms. Horton stated in the letter that she had discussed this matter with Mr. Riley Fletcher, retired General Counsel for TML and they were in agreement that the resolution does not violate our city's charter. She further stated that this type of arrangement is common to Texas cities functioning under the city manager form of government. Mayor Reid issued a proclamation proclaiming the week of February 7-13, 1988 as Vocational Education Week in Pearland. Accepting the proclamation were eight students from Pearland High School who are involved in this program. Councilmember Wolff reported he has received calls from citizens concerning the following: (1) Ordinance No. 526, Pearland Sign Ordinance and Ordinance No. 527 which placed a moratorium on off -premise signs until Ordinance No. 526 is approved and in effect. Since Ordinance No. 527 was passed back in September, 1986, Councilmember Wolff stated he felt the City should move forward on the Sign Ordinance. (2) The depth and structure of the ditches on the westerly side of Old Alvin Road, from the intersection of Walnut down to Hampshire Street. Councilmember Wolff asked if the engineering department could look into this matter. (3) The possibility of installing some sort of traffic control device at the intersection of FM 518 and McLean Road to get the traffic merging at McLean, Walnut and FM 518 flowing more smoothly. 228 (4) Councilmember Wolff stated he would like to receive a report regarding the financial condition of the City as of February 1 with particular emphasis on the Interest and Sinking Fund. City Manager Ron Wicker took note of these matters and said that Mr. Wolff would be advised of their status. City Manager Ron Wicker reported the State will be opening bids on the FM 518 widening on February 9. This project will cover 3.108 miles, from the Presbyterian Church to 0.2 miles northwest of the Galveston County line. Hopefully, Mr. Wicker said, within 90 days of letting this bid, the State will begin construction. After that, we can expect a slow down of all traffic for at least two years. CITIZENS: None DOCKETED PUBLIC HEARINGS: None LINFIlVISHED BUSINESS AWARD � REJECTION OF BID NO. 887-16, CONSTR XTION OF FINAL COVER AT PE,ARLAND SOLID WASTE LANDFILL, PHASE I City Manager Ron Wicker explained that subsequent to the last Council meeting the Staff has reviewed various alternatives for completing the final cover of the landfill project and it is Staff's opinion that we need to do the whole project at one time. It will take approximately six to eight months to complete the project and we would like to recommend we sell Certificates of Obligation in the amount necessary to cover the bid price. This would require that we rebid the project and in the rebidding process state in the bid specifications that the project will be paid for out of Certificates of Obligation funds. Mr. Wicker answered on an affirmative note questions Council expressed concerning whether the State would extend the time we need to be in compliance and whether in the rebidding we could have the option of doing the project in segments and not having to sell Certificates of Obligation. It was moved by Councilmember Wolff, seconded by Councilmember Bost, that Council reject Bid No. B87-16. Motion passed 4 to 0. It was moved by Councilmember Frauenberger, seconded by Councilmember Wolff, that the City Staff be authorized to rebid construction of final cover at landfill with the idea of using Certificates of Obligation as a means of financing. Motion passed 4 to 0. NEW BUSINESS RESOLiR'ION NO. 888-3, RESOLIfl`ION CONCERNING INSTALLATION TATION OF TRAFFIC CONTROL DEVICES IN CITY (STOP SIGNS AT INTERSECTIONS OF LIMRICK DRIVE AMID EAGLES WAY; KIIDARE DRIVE AND EAGLES WAY; AND TAYLOR LANE AND MCGINNIS DRIVE) Resolution No. R88-3 was read in its entirety by Councilmember Wolff. It was moved by Councilmember Wolff, seconded by Councilmember Bost, that Resolution No. R88-3 be passed and approved on the first and only reading. Said Resolution No. R88-3 reads in caption as follows: A RESOLUTION CONCERNING THE INSTALLATION OF TRAFFIC CONTROL DEVICES IN THE CITY AND RATIFYING THE SAME. Voting "Aye" - Councilmembers Wolff, Frauenberger, Bost and Roberts. Voting "No" - None. Motion passed 4 to 0. 229 ORDINANCE NO. 547, ESTABLISHING SPEED LIMITS ON JOHN LIZER ROAD, APED PROVIDING A PENALTY FOR VIOLATION Councilmember Roberts questioned the practicality of the 45 mph speed on John Lizer going from the stop sign on Old Alvin, 3,700 feet to approximately 100 feet west of the bridge. City Manager Ron Wicker explained the process the engineering department conducted on John Lizer to establish what the speed limits should be. Using this process, the 85 percentile speed, they measure the speed of 100 vehicles at various points along the roadway and then strike out the speed of the top 15 and wherever the speed of the 85th vehicle falls, is normally considered the 85 percentile speed at that location. In this particular case, the 85 percentile speed was 48 mph. Traffic Engineer Bill Thomasset considered the location and the width of the road and determined that 45 mph was an acceptable speed for that 3,700 foot stretch of the road. City Attorney Luke Daniel made the following correction to the Ordinance caption: the Article number in the second line should read 6701d instead of 7601d. Ordinance No. 547 was read in caption by Councilmember Frauenberger. (First Reading) It was moved by Councilmember Frauenberger, seconded by Councilmember Bost, that Ordinance No. 547 be passed and approved on the first of two readings. Said Ordinance No. 547 reads in caption as follows: ORDINANCE NO. 547 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF ARTICLE 6701d, VERNON'S TEXAS CIVIL STATUTES, ON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, ON JOHN LIZER ROAD, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND; 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 Bost, Frauenberger, and Wolff. Voting "No" - Councilmember Roberts. Motion passed 3 to 1. CALL OF A SPECIAL MEETING FOR Y 15, 1988 It was moved by Councilmember Frauenberger, seconded by Councilmember Roberts, that a Special Meeting be called for February 15, 1988 at 7:30 P. M. in the City Hall. Mayor Reid advised that the purpose of the special meeting would be to read the necessary Resolutions calling for a Regular City Officers' election for the first Saturday in May. Motion passed 4 to 0. INVOICE FROM SEARS APED BURNS It was moved by Councilmember Roberts, seconded by Councilmember Bost, that Council approve invoice dated January 25, 1988 from Sears and Burns, Attorneys at Law, for legal services rendered in the amount of $8,550.58 and payment to be made from the appropriate funds. Motion passed 4 to 0. MEETING RECESSED TO EXECUTIVE SESSION AT 8:09 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. ME VING RETURNED TO OPEN SESSION AT 9:14 P.M. - NO ACTION TAKEN Mayor Reid read the following item which was discussed in Executive Session and signed a certification to that effect: 230 UNDER SUBSECTION (g) PERSONNEL - Discussion of Employee Grievance. The meeting adjourned at 9:15 P. M. Minutes approved as submitted and/or corrected this day of A. D., 1988. C - Mayor ATTEST: