1988-07-11 CITY COUNCIL REGULAR MEETING MINUTESMU TES OF A REGULAR MEETM OF THE CITY ("GU OF TtE CITY OF PEARIAND, MM, HELD
ON JULY 11, 1988, AT 7:30 P. M. IN THE CITY HALL, 3519 LIBERTY DRIVE, PEARIAND, TEXAS
The meeting was called to order with the following present:
Mayor
Councilmember/Mayor Pro Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
Acting Interim City Attorney
Assistant City Manager
Director of Public Works
Tom Reid
Stella Roberts
William Wolff
James Bost
Richard Tetens
David Smith (entered at 7:46 P. M.)
Ronald J. Wicker
Douglas Ogle
Donald Birkner
William Thomasset
City Secretary Kay Krouse
INVOCATICK AMID PLEDGE OF AL�F1:TArl^F'
The invocation was given by Councilmember James Bost. The Pledge of Allegiance was
led by Councilmember William Wolff.
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It was moved by Councilmember Tetens, seconded by Councilmember Bost, that the
minutes of the Regular Meeting of June 27, 1988, be approved as presented.
Motion passed 4 to 0.
Mayor Reid advised that Councilmember David Smith was absent from the meeting at this
time due to the fact that he, as a qualified County Coroner, received a call to come
to the scene of an accident this evening.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported that the City of Pearland was well represented in the Friendswood
parade on the 4th of July.
Councilmember Roberts reported that she and the Clean Pearland group attended a Keep
Texas Beautiful meeting in Galveston last week and they were presented a certificate
of Merit and Achievement from the Governor's Achievement Award committee. One of the
emphasis, Councilmember Roberts said, with Keep Texas Beautiful and Keep America
r-- Beautiful systems is going to be solid waste management.
Councilmember Wolff reported he had received comments from some of the citizens
concerning the fact that there were no fireworks display in Pearland this 4th of
July. Councilmember Wolff suggested planning be made towards some type of
celebration next year, something in keeping with the patriotic theme.
City Manager Ron Wicker read a portion of a letter received recently from the
Environmental Protection Agency. The letter was addressed to Bill Thomasset,
Director of Public Works and congratulated him on having the Pearland water supply
facility nominated for an E.P.A., Region VI, Public Water Supply Operations and
Maintenance Excellence Award. Although a water district in Louisiana was the winner
in our population category, we were told that it was a significant accomplishment to
be nominated for one of the awards. City Manager Ron Wicker commended Bill Thomasset
for his work on submitting the application.
CITIZENS - None
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Council reviewed the following bid:
RE: 1983 Chevrolet Ambulance
Dear Sir:
In reference to the above ambulance, Galveston County EMS submits a bid of
$4500.00.
Sincerely,
/s/ Everette Applegate
Everette Applegate
Galveston County EMS, Inc.
It was moved by Councilmember Roberts, seconded by Councilmember Wolff, that Council
accept the bid from Everette Applegate, Galveston County EMS, Inc., in the amount of
$4500.00 for the purchase of the 1983 Chevrolet ambulance.
Motion passed 4 to 0
Council reviewed the following bids:
Utility Supply Company $16,397.03
The Rohan Company $16,427.63
Aqua Utility Supply $16,606.48
It was moved by Councilmember Bost, seconded by Councilmember Wolff, that Council
award Bid No. B88-11, Materials for Industrial Road Water Line, to Utility Supply
Company, in the amount of $16,397.03, and payment made from the appropriate Hands.
Motion passed 5 to 0.
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Mayor Reid advised that this item would be passed to a future agenda.
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It was moved by Councilmember Tetens, seconded by Councilmember Smith, that Walter
Besser and Gary Shiver be reappointed to the Gas and Plumbing Code Board of
Adjustments and Appeals for a four-year term.
Motion passed 5 to 0.
It was noted that Mr. Besser had expressed a desire to meet on some occasion with the
other board members, if for nothing else, to exchange ideas.
RESOLUTION NO. R88-18, RESOLUTION GRANTING CONSENT AND APPROVAL TO CHANGES IN
OWNERSHIP OF TIE GRANTEE OF TIE CABLE TELEVISION FPJDK2= FOR CITY
City Manager Ron Wicker informed that Interim City Attorney Robert Talton has been in
contact with the attorneys for Storer Communications and he has prepared the
Resolution for Council's consideration.
Resolution No. R88-18 was read in its entirety by Councilmember Smith.
It was moved by Councilmember Smith, seconded by Councilmember Tetens, that
Resolution No. R88-18 be passed and approved on the first and only reading. Said
Resolution No. R88-18 reads in caption as follows:
RE90IUTION NO. R88--18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
GRANTING CONSENT AND APPROVAL TO CHANGES IN OWNERSHIP OF THE
GRANTEE OF THE CABLE TELEVISION FRANCHISE FOR PEARIMD, TEXAS.
Voting "Aye" - Councilmembers Smith, Tetens, Roberts, Bost and Wolff.
Voting "No" - None
Motion passed 5 to 0.
Ordinance NO. 421-4 was read in caption by Councilmember Roberts. (First Reading)
It was moved by Councilmember Roberts, seconded by Councilmember Smith, that
Ordinance No. 421-4 be passed and approved on the first of two readings. Said
Ordinance No. 421-4 reads in caption as follows:
ORDINANCE NO. 421-4
AN ORDINANCE AMENDING SECTION 27-4(D) (6) OF THE CODE OF ORDINANCES OF THE
CITY OF PEARLAND, TEXAS, BY CHANGING THE LANGUAGE OF THE HOLD HARMLESS
AGREEMENT, AND CONTAINING A REPEALING CLAUSE, A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE, AND CONTAINING OTHER PROVISIONS
RELATING TO THE SUBJECT.
Voting "Aye" - Councilmembers Wolff, Bost, Roberts, Tetens, and Smith.
Voting "No" None
Motion passed 5 to 0.
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City Manager Ron Wicker explained that in reviewing the fee charges for emergency
medical services, both within the city limits and in our E.T.J., we find our
collection rates are less than adequate for the services provided. We are
recommending the proposed changes in the EMS user fees so that this service can
attempt to stand on its own, Mr. Wicker said.
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The proposed Emergency Medical Service User Fees are as follows:
Resident $ 100.00
Non -Resident 175.00
Industrial (Inside City) 150.00
Industrial (Outside City) 200.00
Commercial 150.00
Resident $ 50.00
Non -Resident 100.00
Industrial (Inside City) 75.00
Industrial (Outside City) 100.00
Commercial 75.00
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Resident (Inside City) $ 36.00 Yr.
Non -Resident (Within Pearland
Emergency Medical Service Area) $ 48.00 Yr.
(Entitles contributor to 12 months emergency medical
service without fees for self, spouse, and any other
household member residing in contributor's residence.)
It was moved by Councilmember Bost, seconded by Councilmember Wolff, that the
Emergency Medical Service User Fees, as proposed, be approved and become effective
on August 1, 1988.
Motion passed 5 to 0.
It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that Invoice
No. 4, Bernard Johnson Incorporated, for engineering services in connection with the
Pearland Facilities Plan, Phase I, in the amount of $6,840.00, be approved and
payment made from the appropriate fund.
Motion passed 4 to 1. Councilmember Wolff voted against.
It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Invoice
No. 1, Bernard Johnson Incorporated, for engineering services in connection with the
Pearland Facilities Plan, Phase II, in the amount of $20,567.50, be approved and
payment made from the appropriate fund.
Motion passed 4 to 1. Councilmember Wolff voted against.
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REQUEST BY HENRY O'BRYAN, DIGICON COMPANY, TO DO SEISMOGRAPH WORK ACROSS CITY
LANDFILL
City Manager Ron Wicker advised that Mr. O'Bryan has spoken with Staff regarding
Digicon Company doing seismograph testing across our City landfill. The staff's
concern is that no explosives be used in the testing. With all of the work and
money that have gone into the new lining of the pit at our landfill to conform with
State requirements, we would need to be assured that they would use some type of
testing that would not in any way damage those liners. Also they would need to meet
the permit, insurance and bonding requirements before testing begins, Mr. Wicker
r..._ added.
It was moved by Councilmember Bost, seconded by Councilmember Tetens, that the
- request by Digicon Company to run seismograph testing across our landfill be
approved, using an air gun, no dynamite, for a permit fee of $500.00, providing the
City with an insurance policy, naming the City of Pearland as co-insured, in the
amount of at least $1,000,000, providing a bond in the amount of $100,000, and if
there is any damage done, they are to repair it.
Motion passed 5 to 0.
REQUEST BY DAVID ALLEN, WESTERN GEOPHYSICAL, FOR A PERMIT TO CONDUCT SEISMOGRAPH
SURVEY
Mr. David Allen of Western Geophysical, spoke to Council about conducting seismograph
testing inside our city limits and requested the use of light weight explosives. Mr.
Allen said this system of testing has been developed for congested areas and they
will be working strictly on private property. They have secured permission from the
mineral owners, mineral lessees and the private owners of the land. They would like
to shoot one pound charges at a depth of 110 feet where possible.
Council discussed their concerns about the use of explosives near subdivisions.
Acting Interim City Attorney Doug Ogle advised that after reviewing the insurance
policy, given to him by Mr. Allen, he had concerns about the limits of the policy and
thinks it needs to be checked out; also Mr. Ogle said he felt that the City needs
proof of authorization from the surface owners for Western Geophysical to do the
testing on their property.
It was moved by Councilmember Roberts, seconded by Councilmember Bost, that Council
table consideration of the request by David Allen of Western Geophysical to a future
agenda.
Motion passed 5 to 0.
MEETING RECESSED TO EXECUTIVE SESSION AT 8:38 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.
MEETING RETURNED TO OPEN SESSION AT 9:38 P. M. - NO ACTION TAKEN
Mayor Reid read the following item which was discussed in Executive Session and
signed a certification to that effect:
UNDER SUBSECTION (g) PERSONNEL - Council had a discussion concerning Department Head.
The meeting adjourned at 9:39 P. M.
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Minutes approved as submitted and/or corrected this ';�',-d y of
A.D., 1988.
ATTEST:
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City S retary