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1987-05-26 CITY COUNCIL REGULAR MEETING MINUTES119 MIlVIfl'ES OF A MML AR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARIAM, TEXAS, HELD ON MAY 26, 1987, AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PF.ARLAM, TEXAS The meeting was called to order with the following present: Mayor Tom Reid Councilmember/Mayor Pro Tem Richard Tetens Councilmember Charles Mack Councilmember Dennis Frauenberger Councilmember James Bost Councilmember Stella Roberts City Manager Ronald J. Wicker City Attorney Luke L. Daniel City Secretary Kay Krouse 1 1 (CM z I Mi P D1r The invocation was given by Councilmember James Bost. The Pledge of Allegiance was led by Councilmember Stella Roberts. Mayor Reid remarked this will be the last Council meeting in this Council Chamber. Present plans are to have the next meeting in the Council Chambers in the new City Hall. It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that the Minutes of the Regular Meeting of May 11, 1987, be approved as submitted. Motion passed 3 to 0. Councilmembers Frauenberger and Bost abstained. MAYOR'S ACTIVITY REPORT - None COUNCIL ACTIVITY REPORTS - None City Manager Ron Wicker reported he had talked to the architect and the building superintendent this morning and had assurances we will be moving this Friday. We have had a furniture refinishing company do touch-up work on the office furniture we received from Chevron and it all looks top-notch. We were very fortunate to have been given this very fine quality furniture. If everything goes as scheduled now, the moving company will be moving the furniture into the new City Hall this weekend and this Friday, City employees wil be unloading desks and moving boxes. City Attorney Luke Daniel reported he has returned from the Attorney General's Open Meetings and Open Records Seminar held in Austin last Thursday and Friday. Hearing the latest interpretation of that policy, he feels the City is basically on the right track concerning policy on open meetings. There is one change we will be making. The Attorney General recommends that when an ordinance specifies a penalty, the agenda should reflect such. City Tax Assessor/Collector Barbara Lenamon reported she and Jo Knight of the School District will be going to the Appraisal District and sitting in with the Board of Review when they finally place a value on Houston Helicopters (Nodlef) for 1985 and 1986. The City has a preliminary value from the Appraisal District of approximately $580,000,000. CITIZENS - None II_I_llA7�Y�1 l:.I : C I�.h 1��- 120 APPOINTMENT OF ONE MI ER. TO THE ZION M BOARD OF ADJWTMENP FOR A TxO-YEAR. TERM Mayor Reid advised that this item will be passed to a future agenda. NEW BUSINESS AWARD OF BID NO. B87-5, GASOLINE TANK, ECTALLATION AND CONTROL SYSTIIK Council reviewed the following bids: THE FAVOR CO, INC. $20,477.00 3 WEEKS 12 WORKING DAYS DUPS, INC. 18,496.05 14 WORKING DAYS 10 WORKING DAYS J.R.M. CONST. CO, INC. 17,275.00 6 WEEKS WITHIN 30 DAYS City Manager Ron Wicker explained this system is a credit card system. Magnetic cards will be assigned to individual officers and personnel within the Police Department. When a card is used the computer will register the assigned name and the amount and type of fuel used. We will get a printout at the end of each month and it will be a real asset in determining cost of operations, Mr. Wicker stated. It was moved by Councilmember Bost, seconded by Councilmember Roberts, that Bid No. B87-5, Gasoline Tank, Installation and Control System, be awarded to J.R.M. Construction Co., Inc. in the amount of $17,275.00. Motion passed 5 to 0. ORDINANCE NO. 509-9, APU20MEMT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE, PRO- VIDING FOR ZONE CHAD FROM MULTI FAMILY TO ORAL BUSDES.S, APPLICATION NO. 5, CITY OF PEARLAND, AGENT Ordinance No. 509-9 read in caption by Councilmember Mack. (First Reading) It was moved by Councilmember Mack, seconded by Councilmember Tetens, that Ordinance No. 509-9 be passed and approved on the first of two readings. Said Ordinance No. 509-9 reads in caption as follows: LCIV01UNA4• •• • 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. Voting "Aye" - Councilmember Roberts, Councilmember Bost, Councilmember Tetens, Councilmember Frauenberger, and Councilmember Mack. Voting "No" - None. Motion passed 5 to 0. APPOINDH7H OF INDIVIDUAL TO SERVE AS CITY BEALTH AUTHORITY THROUGH APRIL 18, 1989 It was moved by Councilmember Frauenberger, seconded by Councilmember Bost, that Dr. David Armbruster be reappointed as the City Health Authority through April 18, 1989. Motion passed 5 to 0. 121 Q1 I, 11keg ;ii @.yo1.71W, Av ova C1,11:YA&4n01N_a 'IN��Q: _ it VA Vi cl\ S Zi Public Works Director Bill Thomasset advised Council that Old Alvin Road from Orange Street to Knapp Road and John Lizer Road are in desperate need of repair. Old Alvin needs to have a wider street and better drainage, but because of cost restraints, we are recommending this year to tear up and replace the surface, doing a little work on the subgrade. The drainage will stay about the same and it should be good for several years. On John Lizer, we are in the process of obtaining 20' of right-of-way on the south side which will give us 60' of r -ow and we plan to completely rebuild the street. Both streets will be closed during construction. These two streets will most likely use all available funds. We don't know what kind of bids we will get, but if any additional money is available, there are other streets badly in need of repair and perhaps a few can be done. It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that City Staff proceed with the 1987 Street Rehabilitation Program and advertise for bids on Old Alvin Road from Orange Street to Knapp Road and John Lizer Road from Old Alvin to Mary's Creek Bridge and report back on those. bids received for any other allocations that might be possible. There was a general discussion among Council and Staff concerning street construction priorities, costs involved in completely redoing Old Alvin Road, making it wider and completely redoing the drainage. Motion passed 4 to 0. Councilmember Mack abstained. CALL OF WORKSHOP FOR UPDATE ON STATUS OF F. M. 518 WIDENING AND CONTINUATION OF DISCUSSION OF SIGN ORDINANCE It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that Council call a workshop for update on status of F. M. 518 Widening and continuation of discussion of sign ordinance on Monday, June 1, 1987, and concerning the F. M. 518 Widening, place an executive session item on the agenda. Motion passed 5 to 0. APPROVAL OF APPLICATION FUR PAYMENT NO. 12, 10SCO, INC., FOR CONSTRICTION OF NEW CITY HALL, IN THE AMO[]Nr OF $75,891.70 It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Application for Payment No. 12, LOSCO, Inc., for construction of new City Hall, in the amount of $75,891.70 be approved and payment made from the appropriate funds. Motion passed 5 to 0. City Manager Ron Wicker pointed out that this will bring us up to 95% of the total contract; we hold the 5/ retainage for the 30 day period after acceptance and this satisfies the bonding company that we can move in the new City Hall. MEETING RECESSED TO EXECUTIVE SESSION AT 8:12 P. M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 - SUBSECTION (e) LEGAL - Contemplated and Pending Litigation: (1) Discussion of Authorization for the City Attorney to Proceed with Civil Litigation Against Persons and/or Corporations Depositing Industrial Waste in and near City Storm Sewers, and (2) Ford et al vs. Pearland Wrecker et al. MEETING RETURNED TO OPEN SESSION AT 8:34 P. M. NEW BUSINESS (Continued) AUTHORIZATION FOR THE CITY ATTORNEY TO PROCEED WITH CIVIL LITIGATION AGAINST PERSONS AND/OR CORPORATIONS DEPOSITING INDUSTRIAL WASTE IN AND NEAR CITY STORK SEWERS It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Council authorize the City Attorney to proceed with civil litigation against persons and/or corporations depositing industrial waste in and near city storm sewers. Motion passed 5 to 0. 122 The meeting adjourned at 8:35 P. M. Minutes approved as submitted and/or corrected this day of A. D., 1987. ATTEST: Citygbcretary