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1988-05-25 CITY COUNCIL REGULAR MEETING MINUTESa MINUTES OF A lIfl(XILAR MEETING OF THE CITY CQUIL OF THE CITY OF PEARLAM, TEXAS, HELD D ON JULY 25, 1988, AT 7:30 P. M. IN TIE CITY HAIL., 3519 LIBERTY DRIVE, PEARLAW, TEXAS The meeting was called to order with the following present: Mayor Tom Reid Councilmember/Mayor Pro Tem Stella Roberts Councilmember David Smith Councilmember Richard Tetens Councilmember Councilmember City Manager Assistant City Manager Interim City Attorney Public Works Director City Secretary 1 Z kliceivW, ZWQ Z I opto F D.1 t / D M James Bost William Wolff Ronald J. Wicker ��1• � - Sa:34�r'iC� Robert Talton (entered at 7:37 P. M.) Bill Thomasset Kay Krouse The invocation was given by Councilmember James Bost. The Pledge of Allegiance was led by City Manager Ronald Wicker. APPROVAL OF MINUTES It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that the Minutes of the Regular Meeting of July 11, 1988, be approved as presented. Motion passed 5 to 0. It was moved by Councilmember Roberts, seconded by Councilmember Tetens, that the Minutes of the Special Meeting of July 18, 1988, be approved as presented. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Reid advised that the City had recently received some correspondence from the U. S. Department of Commerce, Bureau of the Census, informing us that they will begin some preliminary operations this summer. The Census workers will be going door-to- door and it is quite possible they will be working in the City of Pearland. The Bureau wanted us to make the citizens aware of this and included in the letter was a description on how to identify the Census employees and how to verify their employment. Mayor Reid presented Bill Thomasset, Director of Public Works, Robert Tobin, Superintendent and Eddie Carrillo of the Water Production and Wastewater Treatment Department a Certificate of Nomination for the Pearland water system from the Environmental Protection Agency, Region IV. Public Works Director Bill Thomasset commented that our Pearland water system was judged in a five -state area. Our application was submitted to the EPA by the State of Texas as one of their nominations; however, a water system of our size in New Mexico received the award. Mr. Thomasset added that our wastewater system, Longwood Plant, was also submitted. We were one of seven plants submitted by the State of Texas. We were judged as highly in this area as was the water system, but, unfortunately, certificates are not given in this category. Councilmember Wolff reported a citizen's request for a street light at the intersection of Veteran's Drive and Walnut Street. Also, citizens living along Patricia Lane have complained about "bad" water. City Staff was requested to look into these two matters. Councilmember Smith reported citizens living around Westminister have been plagued by ul tral ights and that he has given the City Manager a copy of an ordinance from Manve 1 concerning the ultralights. Hopefully, the City can adopt an ordinance regulating, at least, the taking off and landing of these aircraft, Councilmember Smith said. CITIZENS: None IrIANN W Q,1 : I A h • ORDINANCE NO. 421-4, ORDINANCE ANDMING SECTION 27-4(D)(6) OF CITY CODE OF ORDINANCES, BDID HAIMMS AGREEMENT Ordinance No. 421-4 was read in caption by Councilmember Smith. (Second Reading) It was moved by Councilmember Smith, seconded by Councilmember Wolff, that Ordinance No. 421-4 be passed and approved on the second and final reading. 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 Smith, Tetens, Roberts, Bost and Wolff. Voting "No" - None. Motion passed 5 to 0. APPOINTMENT OF ONE MEER TO ANIMAL CONTROL BOARD TO FILL iANE)WIRED TERM It was moved by Councilmember Tetens, seconded by Councilmember Smith, that Ben Pinales be appointed as member to the Animal Control Board to fill the unexpired term created by the resignation of Joe Weber. Motion passed 5 to 0. NEW BUSINESS •��� �. :ip( 11 o�. !'•D1?1 I•,N II".RZONNLIA11111111,!�, II '1�1 �!'• Y�. 1 !I 1 At the request of City Manager Ron Wicker, this item was passed to a future agenda. ORDINANCE NO. 554, ORDINANCE UPDATING SERVICE CREDITS THROUGH TEXAS MUNICIPAL RETIREN� SYSTEK Councilmember Wolff left the Council Chambers at this time. City Manager Ron Wicker explained that this ordinance basically updates the service credits for all city employees and retirees as well. The City's 1989 contribution rate will be 5.90%. Ordinance No. 554 was read in caption by Councilmember Tetens. (First Reading) It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Ordinance No. 554 be passed and approved on the first of two readings. Said Ordinance No. 554 reads in caption as follows: N010, Im i AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF PEARLAND; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. r- Voting "Aye" - Councilmembers Bost, Roberts, Tetens, and Smith. Voting "No" - None. Motion passed 4 to 0. Councilmember Wolff returned to Chambers at this time. ADOPTION OF ANTICIPATED COLLECTION RATE FUR 1988 Barbara Lenamon, Tax Collector, advised Council that in compliance with S.B. 1420, the tax collector must certify an anticipated collection rate to the governing body for July 1, 1988 to June 30, 1989. This rate is based on current taxes, delinquent taxes, penal ities and interest during this period. Therefore, Ms. Lenamon said she has certified the Anticipated Collection Rate for 1988 to be 96%. It was moved by Councilmember Bost, seconded by Councilmember Tetens, that Council adopt the Anticipated Collection Rate of 96% as recommended by Tax Collector Barbara Lenamon. Motion passed 5 to 0. APPOINTMENT OF TAX ASS TO CA10JIATE AMID PUBLISH EFFECTIVE RAZE It was moved by Councilmember Bost, seconded by Councilmember Wolff, that Barbara Lenamon, as the Tax Assessor, be appointed to calculate and publish the effective rate for the 1988-89 year. Motion passed 5 to 0. AUTHDRIZATION FOR CITY TO PAY FOR OF EXXON'S 14 -INCH CAS PIPELINE FOR F74 518 WIDENING City Manager Ron Wicker explained we were recently notified by the State that there was a problem on the FM 518 widening project with respect to crossing over an Exxon gas pipeline at the Longwood Drive intersection. In correspondence from the State, they advised that utility adjustments on this project are the City's responsibility and they have requested the City to accept responsibility for this matter. The cost for the encasement of Exxon's 14 -inch gas pipeline will be approximately $19,800, Mr. Wicker added, and will be paid out of the street fund bonds. In Council discussion, it was pointed out by Councilmember Smith that the sketch showing the pipeline at Longwood Drive indicates the City would be responsible for the portion of the work which will go under the "apron" leading off of FM 518 but, possibly, Exxon would pay for the rest of the encasement. It was moved by Councilmember Smith, seconded by Councilmember Wolff, that City Staff attempt to negotiate with Exxon on participation of this encasement project, with the City's responsibility being that portion under the concrete apron coming off FM 518 and Exxon's responsibility being the remainder along Longwood Drive; and bring back to Council the results of these negotiations for Council consideration. Mayor Reid asked Councilmember Smith to join with Staff in the negotiations. Motion passed 5 to 0. OTHER IWINESS MELTING RECESSED TO EXECUTIVE SESSION AT 8:12 P. M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICIE 6252-17, S WTION 2 Mayor Reid read, from the posted agenda, the topics to be discussed in Executive Session. STING RETUFM TO OPEN SESSION AT 10:21 P. M. - NO ACTION TAKEN 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 had a discussion regarding Staff reorganization, and (2) Council had discussion pertaining to the position of a City Attorney. The meeting adjourned at 10:22 P. M. Minutes approved as submitted and/or corrected this day of �"-'� , A. D., 1988. Mayor ATTEST: X�L /Z1 City Sedietary