1987-06-22 CITY COUNCIL REGULAR MEETING MINUTES126
N OF A REG KM MMIW. OF 711E CITY COLICIL OF ItE CITY OF PEARrarm, TEXAS, HEIR
ON JIAE 22, 1987, AT 7:30 P. M. IN TEE CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS
The meeting was called to order with the following present:
Mayor
Tom Reid
Councilmember/Mayor Pro Tem Richard Tetens
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Ne -PAW I MO P 01 Div.
Charles Mack
Dennis Frauenberger
James Bost
Stella Roberts
Ronald J. Wicker
Luke L. Daniel
Kay Krouse
The invocation was given by Councilmember James Bost. The Pledge of Allegiance was
led by Rosalie Olah, Chairperson of Library Board.
It was moved by Councilmember Tetens, seconded by Councilmember Bost, that the
Minutes of the Regular Meeting of June 8, 1987, be approved as submitted.
Motion passed 5 to 0.
MAYOR'S ACTIVITY REPORT
City Manager Ron Wicker made some preparatory remarks concerning the excellent
quality of the office furniture in the new City Hall which was donated by Chevron
USA, and about how this donation came about, with reference to City employee John
Hanes and Chairman of the Parks Board, George Treibel.
Mayor Reid presented a Certificate of Merit to Chevron USA. Dale Priebe accepted the
certificate on behalf of Chevron.
Mayor Reid presented George Treibel with a Certificate of Merit in appreciation of
his efforts in obtaining the office furniture.
Mayor Reid recognized a group of students in the audience from the government class
at San Jacinto College.
Councilmember Stella Roberts reported the planned Open House and Dedication for the
new City Hall will be August 8. The invitation list is being prepared and she would
welcome any suggestions to add to the list.
I ] 04 %7.14N6 10 ,501• W iR
City Manager Ron Wicker reported he met with representatives of the GAP Freeway
Association today and they are planning their 2nd annual rally this year on Friday,
July 10 from 6:00 - 9:00 P.M. at Independence Park in Pearland. They are honoring
the Texas Department of Highways and Public Transportation. Mr. Wicker presented
Council with a brochure on this event.
City Attorney Luke Daniel reported that in the just completed session of the Texas
Legislature tort reform was passed in many of the particulars the cities had
supported. Also passed were many State laws and amendments to laws which will affect
the way cities, in general, do business. When he receives the text of these laws, he
will pass this new information on to the Council and the departments involved.
127
DOCKETED PUBLIC HEAR]IM: None
UNFINISHED BUSIN[M
ORDINANCE NO. 536, REPEALING THE EXEMPTION FOR TAXES ON RECEIPTS FROM
TEIECO 441 IICATION SERVICES SOLD WITHIN THE CITY OF PEARLAND, TEXAS
Ordinance No. 536 read in caption by Councilmember Frauenberger. (Second Reading)
It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that
Ordinance No. 536 be passed and approved on the second and final reading. Said
Ordinance No. 536 reads in caption as follows:
ORDINANCE ND. 536
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
REPEALING THE EXEMPTION FOR TAXES ON THE RECEIPTS FROM TELE-
COMMUNICATION SERVICES SOLD WITHIN THE CITY OF PEARLAND, TEXAS.
Voting "Aye" - Councilmember Roberts, Councilmember Bost, Councilmember Tetens,
Councilmember Frauenberger, and Councilmember Mack.
Voting "No" - None.
Motion passed 5 to 0.
NEW BUSINESS
Chairperson Rosalie Olah reported the Pearland Community Library is doing quite well.
Total circulation in 1986 was 150,000 with between 14,000 - 15,000 card holders and
between 1200 - 1300 children registered in the summer reading program. Mrs. Olah
reported on the various programs held at the Library and about the success of the
Naughton Book Plan. Mrs. Olah thanked the Council for their support and announced
that the Library Board will provide refreshments for all after the meeting this
evening.
Mayor Reid commented about the history of the Pearland Community Library.
CITIZENS
Janice Lowe and Benny Baker, representing the Friendswood 4th of July Steering
Committee, presented the Council with brochures and commemorative caps and explained
all the activities to be held at their 92nd Annual 4th of July Celebration in
Friendswood. Janice and Benny invited all to come and join in the fun and
festivities on that day.
NEW BUSINESS (Continued)
AWARD OF BID NO. 887-6, 1987 STREET MAINTENANCE PROGRAM
Public Works Director Bill Thomasset stated we received two very good bids. They had
estimated $163,500 for the project.
Council reviewed the following bids:
SKRLA, INC.
$129,731.33
21 DAYS
59.1
C & S ASPHALT
$115,085.69
21 DAYS
596
City Manager Ron Wicker pointed out that Old Alvin Road, between Knapp Road and
Orange Street, will be closed approximately one month when this project begins.
It was moved by Councilmember Bost, seconded by Councilmember Roberts, that Bid No.
B87-6, 1987 Street Maintenance Program, be awarded to C & S Asphalt Sealing Company,
128
Inc. in the amount of $115,085.69 and payment be made from the appropriate fund.
Motion passed 5 to 0.
City Attorney Luke Daniel explained this ordinance was suggested initially by Carrol
Frank, Municipal Court Clerk because the files she was maintaining in her office and
in storage were becoming monumental. Carrol contacted the State Librarian and found
they have developed guidelines whereby municipalities could follow recommended
schedules for the preservation or destruction of municipal records. The only pre-
requisite for enacting a records management program is a city ordinance which allows
the City to dispose of records or store records which are no longer needed. —
It was recommended by Councilmember Roberts that in Section 10 of the ordinance
concerning one-time destruction of obsolete records, that the time period, for review
of the list of records to be destroyed, be extended from fifteen days to thirty days.
The City Attorney agreed and so noted this change.
Ordinance No. 537 read in caption by Councilmember Roberts. (First Reading)
It was moved by Councilmember Roberts, seconded by Councilmember Bost, that Ordinance
No. 537 be passed and approved on the first of two readings. Said Ordinance No. 537
reads in caption as follows:
ORDINANM NO. 537
AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT AND ADMINISTRATION OF A RECORDS
AND INFORMATION MANAGEMENT PROGRAM FOR THE CITY OF PEARLAND, TEXAS;
PROVIDING RECORDS MANAGEMENT DUTIES FOR THE CITY SECRETARY; PROVIDING
OWNERSHIP OF MUNICIPAL RECORDS AND RESPONSIBILITIES OF OFFICERS AND
EMPLOYEES WITH RESPECT THERETO; PROVIDING FOR DESTRUCTION OF ORIGINAL
MUNICIPAL PUBLIC RECORDS AND FOR OTHER MUNICIPAL RECORDS; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; HAVING ASAVINGS CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR CODIFICATION.
Voting "Aye" - Councilmember Mack, Councilmember Frauenberger, Councilmember Tetens,
Councilmember Bost, and Councilmember Roberts.
Voting "No" - None.
Motion passed 5 to 0.
APPROVAL OF ESTIMATE ND. 4, GEMUM CONSTRUCTION COMPANY, INC. FOR SANITARY LANDFTTT.
PIT EXCAVATION AND LINING
It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Estimate
No. 4, Gehring Construction Company, Inc. for Sanitary Landfill Pit Excavation and
Lining, in the amount of $13,685.22 be approved and payment made from the appropriate
funds.
In answer to a question by Council, Director of Public Works Bill Thomasset stated we
were very close to sealing the pit and then the rains came. It is just now drying
out so that the contractor can begin work again.
Motion passed 5 to 0.
�. 17• " ISI
OF POLICY REGARDING TBE EXECUTION OF CIMRANTOR AGEU99MU
OF DEPOSIT F• • CITY WATER, MER AND QMMAGE SMICE
City Manager Ron Wicker explained that currently the City requires of new customers a
deposit for all water, sewer and garbage service. This deposit is based on an amount
equal to a two-month utility bill, between $60 to $70. Other utility agencies in our
area allow a good customer to co-sign for a new customer in lieu of cash deposit.
Mr. Wicker stated he believed this was a good policy to follow and asked for Council
approval of a Minute Order which would establish this same policy for our water,
sewer and garbage service.
A general discussion between Staff and Council followed concerning deposits for
utilities and whether these deposits were refundable.
It was moved by Councilmember Frauenberger that the City Council adopt a policy
129
allowing any present water customer, in good standing, in the City of Pearland to co-
sign for any future customer if they desire to do so.
City Attorney Luke Daniel stated there are a lot of policy questions involved and he
would recommend Staff have some flexibility to come up with some guidelines in
determining good customers.
Councilmember Frauenberger withdrew his motion.
It was moved by Councilmember Frauenberger, seconded by Councilmember Bost, that the
City Attorney be instructed, with Staff assistance, to develop the necessary
guidelines in preparation of a Guarantor Agreement for new customers in lieu of cash
deposit for City water, sewer and garbage service, and bring this back for Council
consideration.
Motion passed 5 to 0.
MEETING RECESSED AT 8:30 P. M. - REFRESHMENTS SERVED IN COFFEE ROOM
MEETING RECONVENED AT 8:51 P. M.
OT HM BUSINESS
MEETING RECESSED TO EXECUTIVE SESSION AT 8:53 P. M. UNDER TEXAS REVISED CIVIL
STATUTES, ARTICLE 6252-17, SECTION 2
- SUBSECTION (e) LEGAL - Contemplated and Pending Litigation: (1) Suits in Eminent
Domain to Acquire Additional F. M. 518 Right -of -Way; (2) Ford v. Pearland
Wrecker, et al; and (3) Notice to Bonding Company Regarding Public Safety
Facility.
- SUBSECTION (f) ACQUISITION OF REAL PROPERTY - Acquisition of Additional Right -
of -Way along John Lizer Road.
SUBSECTION (g) PERSONNEL - (1) Hiring of Outside Counsel for Eminent Domain
Suits.
MEETING RE'11194ED TO OPEN SESSION AT 9:30 P. M.
NEW BUSINESS (Continued)
SETTLEMENT OF DELINQUENT TAX SUIT, CITY OF PEARLAND V. ALEXANDER TRUCK AND MOTOR
M(PRESS, ET AL, CAUSE NO. 83--G-0309, FOR PROPERTY ALONG JOHN LIZER ROAD, RIGHT-OF-WAY
OF EQUAL VALUE
It was moved by Councilmember Mack, seconded by Councilmember Tetens, that the City
Manager be authorized to settle the delinquent tax suit, City of Pearland v.
Alexander Truck and Motor Express, et al, Cause No. 83-G-0309, for property along
John Lizer Road, right-of-way of equal value.
Motion passed 5 to 0.
The meeting adjourned at 9:32 P. M.
Minutes approved as submitted and/or corrected this day of
A. D., 1987.
Mayor
ATTEST:
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City S retary