1988-05-09 CITY COUNCIL REGULAR MEETING MINUTESXUKM OF A RM(XJ M XMINr OF THE CITY CMUIL OF THE CITY OF PEAMM, TEXAS, HELD
ON MAY 9, 1988, AT 7:30 P. M. IN THE CITY HALL, 3519 LIBERTY DRIVE, PF'.ARLAN D, g!EXAS
The meeting was called to order with the following present:
Mayor
Tom Reid
Councilmember/Mayor Pro Tem Richard Tetens
Councilmember
Councilmember
Councilmember Elect
City Manager
Assistant City Manager
Director of Public Works
City Secretary
William Wolff
James Bost
David L. Smith, Jr.
Ronald J. Wicker
Donald Birkner
William Thomasset
Kay Krouse
Absent from the Meeting: Councilmembers Stella Roberts and Dennis Frauenberger.
INVOCATION AMID PLEDGE OF ALLEGIANCE
The invocation was given by Mayor Tom Reid. The Pledge of Allegiance was led by
Councilmember James Bost.
It was moved by Councilmember Tetens, seconded by Councilmember Bost, that the
Minutes of the Regular Meeting of April 25, 1988, be approved as presented.
Motion passed 3 to 0.
It was moved by Councilmember Bost, seconded by Councilmember Tetens, that the
Minutes of the Special Emergency Meeting of April 27, 1988 be approved as presented.
Motion passed 3 to 0.
MAYOR'S ACTIVITY REPORT
Mayor Reid presented a proclamation to Mr. John Walters which proclaimed the month of
May, 1988 as Better Hearing and Speech Month.
Councilmember Wolff reminded citizens he will be at City Hall this next Saturday from
12 noon to 4:00 P. M. if anyone had a need or interest to talk to a Councilmember.
1;01• •" 1� •�a�� •�
City Manager Ron Wicker reported that last Saturday the City had an auction and sold
over $23,000.00 worth of surplus equipment.
1. Marilyn Andrus, representing Pearland Independent School District Comrnulication
and Advisory Council. Ms. Andrus spoke to Council concerning a new committee formed
to seek out ways to combat the growing problem of substance abuse in our student
population and requested Council representation at the committee meetings. Ms.
Andrus said the next meeting would be on June 7 at 7:00 P. M. in the Pearland
Intermediate School Library. Mayor Reid suggested Council discuss among themselves
the possibility of a representative to attend the committee meetings.
1•1.4 W Y0,1 1 PQ1 !� •
9:4 �
s� BUSINESS
ORDINANCE No. 529-1, ORDINANCE ESTABLISHING CONSTRUCTION SPEED ON FM 518
Ordinance No. 529-1 was read in caption by Councilmember Wolff. (Second Reading)
It was moved by Councilmember Wolff, seconded by Councilmember Bost, that Ordinance
No. 529-1 be passed and approved on the second and final reading. Said Ordinance No.
529-1 reads in caption as follows:
ORDINANCE NO. 529-1
AN ORDINANCE ESTABLISHING SPEED LIMITS DURING CONSTRUCTION ON A PORTION OF
FM 518 WITHIN THE CORPORATE LIMITS OF PEARLAND AND PROVIDING A PENALTY FOR
VIOLATION THEREOF.
Voting "Aye" - Councilmembers Wolff, Tetens, and Bost.
Voting "No" - None.
Motion passed 3 to 0.
NEW BUSINESS
CANVASS OF REiUfW OF CITY OFFICERS' EI=ON HEIR ON MAY 7, 1988
Mayor Reid read into the records the election results (Absentee, South Grand Activity
Center, and Cumulative) as tabulated at the Central Counting Station and certified by
the Presiding Judge, Janice Evans.
R'ESOU"ION NO. R88-13, RESOLVPIO N AND ORDER. CANVASSING THE RL'MW AND DECLARIlG THE
RESULTS OF CITY OFFICERS' ELECTION HELD ON NAY 7, 1988
Resolution No. R88-13 read in its entirety by Councilmember Bost. It was moved by
Councilmember Bost, seconded by Councilmember Wolff, that Resolution No. R88-13 be
passed and approved on the first and only reading. Said Resolution No. R88-13 reads
as follows:
FOWLUTIO N NO. 888-13
A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE REGULAR CITY
OFFICERS ELECTION HELD IN THE CITY OF PEARLAND, TEXAS, ON MAY 7, 1988.
On this the 9th day of May, 1988, 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/Mayor Pro Tem Richard Tetens
Councilmember James Bost
Councilmember William Wolff
and the following absent: Councilmembers Roberts and Frauenberger constituting a
quorum, and among other proceedings had were the following:
Councilmember Bost introduced a Resolution and Order and moved its adop-
tion. The motion was seconded by Councilmember Wolff , and the motion carried
with the adoption of the Resolution and Order prevailed by following vote:
AYES .Counci lmembers Bost, Tetens and Wolff NAYS None
The Resolution is as follows:
WHEREAS, there was held in the City of Pearl.and, Texas, on the 7th day of May,
1988, a Regular City Officers' Election at which the filling of the offices of Member
of the Council., Position No. Two (2) and Member of the Council, Position No. Four (4)
were submitted to a vote of the duly qualified resident electors of said City; and
16.2423—Notice of Special or Regular Meeting of Governing Body of City or Town and Returns—Class 3 (975) ® Hart Graphics, Austin, Texas
NOTICE OF MEETING OF THE
GOVERNING BODY OF
CITY OF PEARLAND, TEXAS
(Name of City or Town)
Notice is hereby given that a Regutan meeting of the governing body of the above
(Special or Regular)
named City or Town will be held on the 9 .-- day of May , Ig �& , at 7:30 P. M.
in the City Hall at — 3519 Libe ty DA ve, PedAtand
Texas, at which time the following subjects ,wjll be. discussed,_to-wit: .
(SEE AGENDA ATTACHED)
AGENDA - REGULAR MELTING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE
HELD ON MAY 9, 1988, AT 7:30 P. M. IN THE CITY HALL, 3519 LIBERTY DRIVE, PEARLAND,
TEXAS
I. CALL TO ORDER
II. INVOCATION AMID PLEDGE OF ALLEGIANCE
III. APPROVAL OF MINUTES: 1. Regular Meeting of April 25, 1988
2. Special Emergency Meeting of April 27, 1988
IV. MAYOR'S ACTIVITY REPORT: Proclamation - Better Hearing & Speech Month
V. COUNCIL ACTIVITY REPORTS
VI. DEPARTMENTAL REPORTS
VII. CITIZENS: 1. Marilyn Andrus, Representing Pearland Independent School
District, Professional Personnel Communication and
District Council
VIII. DOCKETED PUBLIC HEARINGS: None
IX. UNFINISHED BUSINESS:
1. CONSIDERATION AND POSSIBLE ACTION - SECOND READING OF ORDINANCE NO.
529-1, ORDINANCE ESTABLISHING CONSTRUCTION SPEED ON F. M. 518.
X. NEW BUSINESS.:.
1. CANVASS OF RETURNS OF CITY OFFICERS' ELECTION HELD ON MAY 7, 1988
2. CONSIDERATION AND POSSIBLE ACTION:
(a) RESOLUTION NO. R88-13, RESOLUTION AND ORDER CANVASSING THE
RETURNS AND DECLARING THE RESULTS OF CITY OFFICERS' ELECTION HELD
ON MAY 7, 1988.
(b) CERTIFICATES OF ELECTION TO NEWLY ELECTED OFFICIALS
(c) OATH OF OFFICE TO NEWLY ELECTED OFFICIALS
3. CONSIDERATION AND POSSIBLE ACTION - CALL OF PUBLIC HEARING ON TEXAS
NEW MEXICO POWER COMPANY'S REQUEST FOR RATE INCREASE.
4. CONSIDERATION AND POSSIBLE ACTION - EXCUSED ABSENCE FOR COUNCILMEMBER
STELLA ROBERTS FROM MAY 9, 1988 REGULAR CITY COUNCIL MEETING.
5. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO.
550, ORDINANCE ABANDONING STREET RIGHT-OF-WAY OFF MAGNOLIA AND HW 35.
6. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF THE FOLLOWING INVOICES
(a) INVOICE NO. 3523, WATTS POOL COMPANY, FOR SURFACE PREPARATION,
CLEANING, RESURFACING AND WATER TREATMENT AT INDEPENDENCE PARK
SWIMMING POOL AND WADING POOL IN THE AMOUNT OF $36,770.00.
(b) INVOICE NO. 1768, JESTAR, INC., FOR COUNTRY CLUB EAST OUTFALL
DRAINAGE STRUCTURE, IN THE AMOUNT OF $13,102.00.
7. CONSIDERATION AND POSSIBLE ACTION — APPOINTMENT OF ROBERT TALTON,
ATTORNEY, TO REPRESENT CITY IN CIVIL SERVICE LITIGATION.,
WHEREAS, at this Regular Meeting of the City Council of the City of Pearland, on
May 9, 1988, after date of said election being the first meeting of the City Council
to be held since said election at which returns of said election could be considered
and final results dec 1 ared.
NOW THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
Section I.
,.... That the election described was duly called and notice thereof given in
accordance with law; that said election was held in the manner required by law; that
due returns of said election have been made by the proper officers; and it appeared
from said returns, duly and legally made, that there were cast at such election 1,417
valid and legal votes; and that said election resulted in the following vote totals:
r
D. A. MILLER, JR. 678
RICHARD TETENS 725
I!$", za Zola-„I.I 1 0,\ a ►. ,,,1y04:
TERRY GRAY
DAVID L. SMITH, JR.
Section II.
556
833
That the City Council of the City of Pearland, Texas, hereby officially and
affirmatively declares that the results as shown above are the real and true results
of the election held on May 7, 1988, within the City of Pearland, Texas, that the
candidate elected for Member of the Council Position Number Two is declared to be
Richard -Tetens and that the candidate elected for Member of the Council Position
Number Four is declared to be David L. Smith, Jr. and said above parties are hereby
declared duly elected to said respec ive 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 thereof 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 9th day of May, A. D., 1988.
/s/ Kay Krouse
City Secretary
/s/...Tom Reid
Mayor
Voting "Aye" - Councilmembers Bost, Tetens, and Wolff.
Voting "No" - None.
Motion passed 3 to 0.
Mayor Reid administered the Oath of Office to David Smith and Richard Tetens. Mayor
Reid issued Certificates of Election to Richard Tetens for Position No. 2 and to
David Smith for Position No. 4.
It was moved by Councilmember Bost, seconded by Councilmember Tetens, to call a
Public Hearing, under Docketed Public Hearings of the regular agenda of May 23, 1988,
on Texas -New Mexico Power Company's request for a rate increase.
Motion passed 4 to 0.
MEETING USED AT 8:12 P. M.
N7TIlNG FdUONVENED AT 8:26 P. M.
NEW BUSINESS (CONTINUED)
EXCUSED ABSENCE FOR COUNCILNEMBER STELLA ROBERTS FROM MAY 9, 1988 REGULAR CITY
COUNCIL MEETING
It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Council
excuse the absence of Councilmember Stella Roberts from the regular meeting of May 9,
1988.
Motion passed 4 to 0.
ORDINANCE NO. 550, ORDINANCE ABANDONING STREET RIGHT -OF --WAY OFF MAGNOLIA ROAD AND
BIGRWAY 35
City Manager Ron Wicker explained there was an existing 40' right-of-way which is an
extension of Old Alvin Road south of Magnolia and east of the east property line of
HOMCO International, Inc. This right-of-way will never be used; in fact, HOMCO, the
property owner on both sides of the right-of-way, has a large structure built on the
right-of-way. The Drainage District needs an easement from HOMCO and we have been
told that if the City abandons the 40' right-of-way, HOMCO will dedicate an easement
to the Drainage District, Mr. Wicker stated.
In Council discussion, there was some question about the amount of land to be
abandoned versus the amount of land in the easement.
It was moved by Councilmember Wolff, seconded by Councilmember Bost, that this item
be tabled to a future agenda.
Motion passed 4 to 0.
APPROVAL OF INVOICES
(a) It was moved by Councilmember Tetens, seconded by Councilmember Bost, that
Invoice No. 3523, Watts Pool Company, for surface preparation, cleaning,
resurfacing and water treatment of Independence Park swimming pool and wading
pool in the amount of $36,770.00 be approved and payment made from the
appropriate Hands. _.
Motion passed 3 to 0. Councilmember Smith abstained.
(b) It was moved by Councilmember Tetens, seconded by Councilmember Wolff, that
Invoice No. 1768, Jestar, Inc., for Country Club east outfall drainage
structure, in the amount of $13,102.00 be approved and payment made from the
appropriate funds.
Motion passed 3 to 0. Councilmember Smith abstained.
47
MEETING RECESSED TO EXECUTIVE SESSION AT 8:38 P. N. UNDER TEXAS REVISED CIVIL
STATUTES, ARTICLE 6252-17, SECTION 2
Mayor Reid read, from the posted agenda, the topics to be discussed in Executive
Session.
MEETING RETURNED TO OPEN SFSSIQN AT 8:56 P. M.
Mayor Reid read the following items which were discussed in Executive Session and
signed a certification to that effect:
UNDER SUBSECTION (g) PERSONNEL - (1) Council discussed the potential appointment of
Robert Talton, Attorney, to represent City in Civil Service litigation; (2) Council
discussed the appointment of interim City Attorney; and (3) Council discussed the
appointment of a member to the Animal Control Board to fill vacancy created by
resignation of Joe Weber.
NEW BUSINESS ( CONTINUED )
ILI
It was moved by Councilmember Wolff, seconded by Councilmember Bost, that Robert
Talton be selected as special counsel for the City of Pearland in the case of Webb
vs. City of Pearland.
Motion passed 4 to 0.
APPOINTMENT OF INTERIM CITY ATTORNEY
Mayor Reid advised that this item would be passed to a future agenda.
ADJOURN
r— The meeting adjourned at 8:59 P. M.
Minutes approved as submitted and/or corrected this day of
A. D., 1988.
Mayor Pro Tem
ATTEST:
City Stibretary