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1987-08-10 CITY COUNCIL REGULAR MEETING MINUTES152 KMNES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON AUGUST 10, 1987, AT 7:30 P. M. IN THE CITY HALL, 3519 LIBERTY DRIVE, PERRLA D, TEXAS The meeting was called to order with the following present: Mayor Tom Reid Councilmember/Mayor Pro Tem Richard Tetens Councilmember Stella Roberts Councilmember Councilmember Councilmember Director of Public Works/ Assistant City Manager City Attorney City Secretary James Bost Dennis Frauenberger Charles Mack Bill Thomasset Luke L. Daniel Kay Krouse Absent from the Meeting: City Manager Ronald J. Wicker INVOCATION AND PLEDGE OF ATIEGIAN E The invocation was given by Councilmember James Bost. led by Councilmember Charles Mack. APPROVAL OF MINUTES The Pledge of Allegiance was It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that the minutes of the Regular Meeting of July 27, 1987, be approved as submitted. Motion passed 5 to 0. It was moved by Councilmember Bost, seconded by Councilmember Tetens, that the minutes of the Public Hearing on the Budget held on August 6, 1987, be approved as submitted. Motion passed 4 to 0. Councilmember Mack abstained. MAYOR'S ACTIVITY REPORT Mayor Reid read from correspondence received from Raymond Lee White, Senior Vice - Commander of Pearland V.F.W. Post 7109, inviting City officials and their families to a dinner to be held at the Pearland V.F.W. hall on August 28, 1987. Councilmember Stella Roberts reported on the Open House and Dedication ceremonies for the new City Hall on Saturday, August 8, 1987. The turnout was fantastic and more people volunteered their time and services than had been originally asked which means that people in Pearland take pride in their community. We were on Channel 13 news at 6:00 and 10:00 P. M. that day and Councilmember Roberts stated she hopes to get the video tape of that plus the other videos taken by Channel 13 during the festivities. W • 104 ki 0 yj M 1*4NO •J CITIZENS 1. France's Jamison, Pearland, Texas. Mrs. Jamison's topic of discussion was the 1966 delinquent tax notices and delinquent tax attorney letters she has been receiving. Mrs. Jamison stated she has evidence to show they do not owe this and requested the tax records be corrected to show this was an error on the part of the City. In answer to a question asked by Mayor Reid, City Attorney Luke Daniel advised he has ...ti 153 a copy of the documents Mrs. Jamison read from and that he has an appointment Thursday in Angleton to compare copies to the originals. Mayor Reid recognized several students in the audience who were from a government class at San Jacinto College. lk; - 0RDIfi1ANM NO.01RDIUMM REWMING WAIVER FROM PERSONS H=ING ACROSS• • fU!'r- PIPELINES Ordinance No. 224-1C read in caption by Councilmember Mack. (Second Reading) It was moved by Councilmember Mack, seconded by Councilmember Frauenberger, that Ordinance No. 224-1C be passed and approved on the second and final reading. Said Ordinance No. 224-1C reads in caption as follows: ORDINANCE NO. 224-1C AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION 7-17 OF THE CITY CODE OF ORDINANCES BY ADDING A NEW SUBSECTION (c) THERETO, REQUIRING A WAIVER AND HOLD HARMLESS AGREEMENT TO BE EXECUTED BY PERSONS WISHING TO BUILD WITHIN 100 FEET OF AN EXISTING PIPELINE OR PIPELINE EASEMENT; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Mack, Frauenberger, Tetens, Bost, and Roberts. Voting "No" - None. Motion passed 5 to 0. ORD19ANCE NO.OIRDIB194M REQUIR]M WAIVER FROM DEVELOPERS WI`! 11 / SUBDIVIDE LOTS •,1, 1• NEAR PIPELINES Ordinance No. 421-3 read in caption by Councilmember Frauenberger. (Second Reading) It was moved by Councilmember Frauenberger, seconded by Councilmember Bost, that Ordinance No. 421-3 be passed and approved on the second and final reading. Councilmember Tetens questioned whether the City was rendering property useless if it required a building setback off pipelines. Said Ordinance No. 421-3 reads in caption as follows: ORDINANCE NO. 421-3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION 27-4 (D) (5) AND ADDING A NEW SECTION 27-4 (D) (6) TO THE CITY CODE OF ORDINANCES, REQUIRING A WAIVER AND HOLD HARMLESS AGREEMENT TO BE EXECUTED BY A DEVELOPER IN CASES WHERE LOTS COME WITHIN 100 FEET OF AN EXISTING PIPELINE OR PIPELINE EASEMENT; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Mack, Frauenberger, Bost and Roberts. Voting "No" - Councilmember Tetens. Motion passed 4 to 1. ORDINANCE NO. 538, ORDINANCE UPDATING SERVICE CREDITS IN TEXAS MUNICIPAL RE'1'IRENIEN`P SYSTEM Ordinance No. 538 read in caption by Councilmember Tetens. (Second Reading) It was moved by Councilmember Tetens, seconded by Councilmember Mack, that Ordinance No. 538 be passed and approved on the second and final reading. Said Ordinance No. 538 reads in caption as follows: 154 ORDINANCE M. 538 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. Voting "Aye" - Councilmembers Roberts, Bost, Tetens, Frauenberger, and Mack. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 539, ORDINANCE AFFECTING PARTICIPATION OF CITY EMPLOYEES IN TEXAS NU IICIPAL REN SYSTEM, GRANTING ADDITIONAL RIMTS, CREDITS AND EMKFITS Ordinance No. 539 read in caption by Councilmember Bost. (Second Reading) It was moved by Councilmember Bost, seconded by Councilmember Tetens, that Ordinance No. 539 be passed and approved on the second and final reading. Said Ordinance No. 539 reads in caption as follows: ORDINANCE NO. 539 AN ORDINANCE AFFECTING PARTICIPATION OF CITY EMPLOYEES IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM; GRANTING THE ADDITIONAL RIGHTS, CREDITS, AND BENEFITS AUTHORIZED BY SECTIONS 62.105, 64.202(f), 64.204, 64.405, 64.406 AND 64.410 OF TITLE 110B, REVISED CIVIL STATUTES OF TEXAS, 1925, AS AMENDED BY THE 70TH LEGISLATURE; AND PRESCRIBING THE EFFECTIVE DATE OF THIS ORDINANCE. Voting "Aye" - Councilmembers Mack, Frauenberger, Tetens, Bost, and Roberts. Voting "No" - None. Motion passed 5 to 0. ORDINANCE 140. 499-1, O1RDIN0M AMENDING SECTION 1-11 OF THE CITY COUE OF ORDINANCES, TO PROVIDE FOR A GENERAL PENALTY NOT TO EXCEED $500.00 FOR VIOLATIONS OF THE CODE WElM A PENALTY IS NOT SPECIFIED, AND A PENALTY NOT TO EXCEED $2,000.00 FOR VIOLATION OF CERTAIN CHAPTERS Ordinance No. 499-1 read in caption by Councilmember Roberts. (Second Reading) It was moved by Councilmember Roberts, seconded by Councilmember Bost, that Ordinance No. 499-1 be passed and approved on the second and final reading. Said Ordinance No. 499-1 reads in caption as follows: ORDINANCE NO. 499-1 AN ORDINANCE AMENDING SECTION 1-11 OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, TO PROVIDE FOR A GENERAL PENALTY NOT TO EXCEED $500.00 FOR VIOLATIONS OF THE CODE WHERE A PENALTY IS NOT SPECIFIED, AND A PENALTY NOT TO EXCEED $2,000.00 FOR VIOLATION OF ANY OF THE PROVISIONS OF CHAPTER 6 (ANIMALS AND FOWL) 10 (FIRE PREVENTION AND PROTECTION), 11 (FOOD AND FOOD HANDLERS), AND 16 (MASSAGE ESTABLISHMENTS) OF THE CITY CODE OF ORDINANCES FOR WHICH NO SPECIFIC PENALTY IS PROVIDED; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Roberts, Bost, Tetens, Frauenberger, and Mack. Voting "No" - None. Motion passed 5 to 0. 155 ORDINANCE NO. 441-2, ORDINANCE AMENDING. SECTION 10-116(b) OF CITY COQ OF ORDINANCES TO PROVIDE FOR A $25.00 TO $2,000.00 PENALTY FOR PARING IN FIRE JANE Ordinance No. 441-2 read in caption by Councilmember Mack. (Second Reading) It was moved by Councilmember Mack, seconded by Councilmember Frauenberger, that Ordinance No. 441-2 be passed and approved on the second and final reading. Said Ordinance No. 441-2 reads in caption as follows: ORDINANCE NO. 441-2 AN ORDINANCE AMENDING SECTION 10-116(b) OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, TO PROVIDE FOR A $25.00 TO $2,000.00 PENALTY FOR VIOLATION OF ARTICLE VI OF CHAPTER 10 OF THE CODE OF ORDINANCES; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Mack, Frauenberger, Tetens, Bost, and Roberts. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 181-3, ORDINANCE AMENDING SECTION 12-6 OF CITY CODE OF ORDINANCES TO PROVIDE FOR A $25.00 TO $2,000.00 PENALTY FOR VIOLATION OF CHAP'T'ER 12 (GARBAGE AND TRASH) Ordinance No. 181-3 read in caption by Councilmember Frauenberger. (Second Reading) It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that Ordinance No. 181-3 be passed and approved on the second and final reading. Said Ordinance No. 181-3 reads in caption as follows: ORDINANCE NO. 181-3 AN ORDINANCE AMENDING SECTION 12-6 OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, TO PROVIDE FOR A $25.00 TO $2,000.00 PENALTY FOR VIOLATION OF CHAPTER 12 OF THE CODE OF ORDINANCES; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AMID AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Roberts, Bost, Tetens, Frauenberger, and Mack. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 528-1, ORDINANCE AMENDING SECTION 6-23 OF CITY CODE OF ORDINANCES TO PROVIDE FOR A $1.00 TO $2,000.00 PENALTY FOR VIOLATION OF CHAPTER 6 (ANIMALS AND FOWL) Ordinance No. 528-1 read in caption by Councilmember Tetens. (Second Reading) It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Ordinance No. 528-1 be passed and approved on the second and final reading. Said Ordinance No. 528-1 reads in caption as follows: ORDINANCE NO. 528-1 --- AN ORDINANCE AMENDING SECTION 6-23 OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, TO PROVIDE FOR A $1.00 TO $2,000.00 PENALTY FOR VIOLATION OF CHAPTER 6 OF THE CODE OF ORDINANCES; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Roberts, Bost, Tetens, Frauenberger, and Mack. Voting "No" - None. Motion passed 5 to 0. i 156 ORDINANCE NO. 443-1, ORDINANCE AMENDING SECTION 30-84 OF CITY CODE OF ORDINANCES TO PROVIDE FOR A $100.00 TO $1,000.00 PENALTY FOR VIOLATION OF CHAPTER 30 (UTILITIES) Ordinance No. 443-1 read in caption by Councilmember Bost. (Second Reading) It was moved by Councilmember Bost, seconded by Councilmember Roberts, that Ordinance No. 443-1 be passed and approved on the second and final reading. Said Ordinance No. 443-1 reads in caption as follows: ORDINANCE NO. 443-1 AN ORDINANCE AMENDING SECTION 30-84 OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, TO PROVIDE FOR A $100.00 TO $2,000.00 PENALTY FOR VIOLATION OF CHAPTER 30 OF THE CODE OF ORDINANCES; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Mack, Frauenberger, Tetens, Bost, and Roberts. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 540, ORDINANCE AUTHORIZING COLLECTING A $10.00 EXPENSE FROM PERSONS REQUESTING TO TAKE A STATE APPROVED DRIVING COURSE IN A MUNICIPAL COURT PROCEEDING Ordinance No. 540 read in caption by Councilmember Roberts. (Second Reading) It was moved by Councilmember Roberts, seconded by Councilmember Tetens, that Ordinance No. 540 be passed and approved on the second and final reading. Said Ordinance No. 540 reads in caption as follows: ORDINANCE NO. 540 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MUNICIPAL JUDGE TO ASSESS A $10.00 SPECIAL EXPENSE UPON A REQUEST TO TAKE A DRIVING SAFETY COURSE, PURSUANT TO ARTICLE 6701d, SEC. 143A, V.A.C.S.; PROVIDING FOR COLLECTION AND DEPOSIT OF SAME; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR PUBLICATION AND HAVING AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Mack, Frauenberger, Tetens, Bost, and Roberts. Voting "No" - None. Motion passed 5 to 0. NEW BUSINESS APPOINTMENT TO FOLIOVDU BOARDS (a) It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that A. V. Jolley be reappointed for a new four year term on the Gas and Plumbing Code Board of Adjustments and Appeals. Motion passed 5 to 0. (b) It was moved by Councilmember Frauenberger, seconded by Councilmember Mack, that W. R. Keele be reappointed as a member to the Building Code Board of Adjustments and Appeals. Motion passed 5 to 0. AWARD OF BID NO. B87-10, 1987 STREET MAENTENANCE PROGRAM, PHASE II, JCHN LIZER ROAD Based on recommendation of Public Works Director Bill Thomasset, Mayor Reid advised that this item will be passed to the next regular City Council agenda. ORDINANCE NO. 509-10, AUDREY S. JOHNSTON, AGENT FOR FRANK AND DONNA WADDLE, OWNERS FOR AN AMENDIONP TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE FROM CLASSIFICATION GENERAL BUSINESS TO COMMERCIAL Ordinance No. 509-10 read in caption by Councilmember Mack. (First Reading) .ri It was moved by Councilmember Mack, seconded by Councilmember Frauenberger, that Ordinance No. 509-10 be passed and approved on the first of two readings. Said Ordinance No. 509-10 reads in caption as follows: L#)1k4jVF,VM1 • AN ORDINANCE OF THE CITY OF PEARLA D, TEXAS, AMENDING ORDINANCE NO. 509, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS; PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilmembers Mack, Frauenberger, Tetens, Bost and Roberts. Voting "No" - None. Motion passed 5 to 0. EXCUSED ABSENCE FOR COUNCILMEMBER RICHARD TETENS FROM JULY 27, 1987 REGULAR CITY COUNCIL MEETING It was moved by Councilmember Bost, seconded by Councilmember Mack, that Councilmember Tetens' absence from the July 27, 1987 Regular City Council Meeting be excused. Motion passed 4 to 0. Councilmember Tetens abstained. EXCISED ABSENCE FOR COLDEIT MEM ER STELLA ROBERTS FROM REGULAR CITY COUNCIL MEETING TO BE HEIR ON AUGUST 24, 1987 It was moved by Councilmember Bost, seconded by Councilmember Tetens, that Councilmember Roberts' absence from the Regular City Council Meeting to be held on August 24, 1987 be excused. Motion passed 4 to 0. Councilmember Roberts abstained. EXCUSED ABSENCE FOR COUNCTIMEMBER JAMES BOST FROM REGULAR CITY COUNCIL MEETING TO BE HELD ON AUGUST 24, 1987 It was moved by Councilmember Roberts, seconded by Councilmember Tetens, that Councilmember James Bost's absence from the Regular City Council Meeting to be held on August 24, 1987 be excused. Motion passed 4 to 0. Councilmember Bost abstained. RESOLUTION NO. R87-19, RATIFYING INSTALLATION OF TRAFFIC CONTROL DEVICES IN CITY (YIELD SIGNS IN RIVERWALK SUBDIVISION AND STOP SIGNS AT CERTAIN MONS OF POST BLVD) Resolution No. R87-19 read in its entirety by City Attorney Luke Daniel. It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Resolution No. R87-19 be approved on the first and only reading. Said Resolution No. R87-19 reads in caption as follows; RESOLUPION NO. R87-19 A RESOLUTION CONCERNING THE INSTALLATION OF TRAFFIC CONTROL DEVICES IN THE CITY AND RATIFYING THE SAME. Voting "Aye" - Councilmembers Roberts, Bost, Tetens, Frauenberger, and Mack. Voting "No" - None. Motion passed 5 to 0. RECEIVE INTO THE RECORDS TME RECOMMENDATIONS OF THE 1987 CHAFER REVIEW COMMISSION AMID CITY ATTORNEY'S COMENTS ATTACHED THERETO City Attorney Luke Daniel read into the records the following letter from the 1987 Charter Review Commission of the City of Pearland, Texas: 158 July 13, 1987 TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PEARIAND, TEXAS: We, the 1987 Charter Review Commission of the City of Pearland, Texas do hereby recommend that the following amendments be proposed to the voters by referendum at the next available time for such election, to wit: I. Delete the word "scheduled" from the second sentence in Section 3.02 (Qualifications) as follows: " . . If the Mayor or any Councilman fails to maintain the foregoing qualifications or shall be absent from two regular seheduled meetings within any 6 month period without excuse, the City Council must, at its next regular meeting, declare a vacancy as set forth in Section 3.06 of this Charter. . ." II. Add to Section 3.09 (Rules of Procedure) the following: "The reading aloud of the title and caption of a reso- lution of the City Council shall suffice as a reading, provided printed copies of the resolution, in the form required for adoption, are available to all members of the City Council and a reasonable number of additional copies are available to the public attending the meeting. Resolutions may be read in their entirety at the discretion of a majority of the City Council." Amend Subsection (b) (Term and Salary) of Section 4.01 (City Manager) in its entirety to read as follows: "The term and salary of the City Manager shall be as agreed within the employment contract between such City Manager and the City Council." IV. Change the term "City Health Officer" in Section 4.08 (Department of Health and Sani- tation) to "City Health Authority." V. Add a new Section 4.14 to Article 4 (Administrative Services) to read as follows: "SECTION 4.14 - Department of Emergency Medical Services: The City Council shall make provisions for Emergency Medical Services within the territorial limits of the City, either by contract or by City ordinance. The City Council may, in its discretion, create a separate department of the City for such purpose, which shall then be known as the Department of Emergency Medical Services." VI. Amend all references within the Charter which currently read "Councilman" to "Councilmember." The above recommendations are not necessarily the unanimously adopted recommendations of each Commission member, but each such submitted recommendation has been favorably approved by at least a majority of the Commission members. These recommendations are being presented this date to the City Attorney, who shall, pursuant to the City Charter, attach his own report hereto for submission to the City 159 Council. We thank you for the opportunity to serve the citizens of Pearland. Sincerely, 1987 Charter Review Commission /s/ Toby Lytle, Chairman /s/ Helen Beckman, Member /s/ Fran Coppinger, Member /s/ Paula Scardino, Member /s/ Howard J. Schneider, Member It was moved by Councilmember Mack, seconded by Councilmember Tetens, that Council receive into the records the recommendations of the 1987 Charter Review Commission and City Attorney's comments attached thereto. Motion passed 5 to 0. ADOPTION OF ANTICIPAM) COLLECTION RATE FOR 1987 AND APPOINTMENT OF TAX ASSESSOR TO CAILXILATE II PUBLISH EFFECTIVE City Tax Collector Barbara Lenamon explained that pursuant to SB 1420, effective June 20, 1987, a city's tax collector must certify an anticipated collection rate to the Council; based on current collections as well as delinquent collections. The Council then appoints a representative to calculate and publish the city's effective tax rate of 1987. Ms. Lenamon advised that she has certified the Anticipated Collection Rate for 1987 to be 97/. It was moved by Councilmember Frauenberger, seconded by Councilmember Bost, that Council adopt the Anticipated Collection Rate of 97% for the year 1987, and Barbara Lenamon be appointed as Tax Assessor to calculate and publish effective rate. Motion passed 5 to 0. CONFIRMATION BY CITY COUNCIL OF PARTICIPATION IN TEXAS DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION BRIDGE PROJECTS, MORE SPECIFICALLY THE THREE BRIDGE IOCATIONS AS FOLLOWS: (a) COUNTRY CLUB DRIVE AT CLEAR CREEK, (b) DIXIE FARM ROAD AT MARY'S CREEK DRAINAGE DITCH, AND (c) LONGHEFdUDGE DRIVE AT MARY'S CREEK Public Works Director Bill Thomasset explained that many months ago we received a report from the Highway Department of their assessment of the condition of all the bridges in Pearland. Then we received a letter from them asking us to tell them what bridges we would like them to work on; on the basis that we provide 20% of the funding and they provide 80%. We sent back to them the three bridges named in their report to be in the worst condition, those being Longherridge Road, Country Club Drive and Dixie Farm Road just north of F.M. 518. The Highway Department is now ready to move on this project and needs confirmation from the Council that we will be able to provide the 20% matching funds. Mr. Thomasset stated that these will be concrete bridges, the City's cost being approximately $194,000 and funds are available. It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Council confirm these three bridge projects and participate with the State in the rebuilding of them. Motion passed 5 to 0. AUTHORIZATION FOR CITY MANAGER TO NEGOTIATE FOR UTILITY EASEMENTS FOR WATER LINE REIIW'.ATION ADJACENT TO F.M. 518 WIDENIlWx Mayor Reid advised that this item will be passed until after Executive Session. ADTFURIZATION FOR CITY STAFF TO KEEP ME OLD SETTLER'S S CE IERY IACD Mayor Reid explained the City is in the process of applying for a historical marker for the Old Settler's Cemetery to designate it as a place of historical significance in Pearland; and it is our understanding that it has a good chance of going through. The cemetery is located off Rice Dryer Road and near the railroad track. It is part of the Parks and Recreation Department and they have fenced it with a gate at the entrance. Because of the somewhat remote location of the cemetery several incidents of vandalism have occurred over the years. Mayor Reid read a memo received from 160 Dorothy Cook, a member of the Historical Society in Pearland, stating that recently a tombstone from the cemetery was found around Brookside Village. Under her direction the tombstone was put back in its proper place at the cemetery. Mrs. Cook requested that Council consider locking the gate at the cemetery to protect it from further vandalism. Mayor Reid remarked that a copy of the key to the locked gate could be available at the Police Dispatcher's office and one or more designated offices and that persons qualified to visit the cemetery could sign for the key and be responsible for returning it. It was moved by Councilmember Bost, seconded by Councilmember Tetens, that the City Manager and City Staff be authorized to lock the gate at the Old Settler's Cemetery and make it available for qualified people to visit by obtaining a key. In addition, Staff is authorized to proceed with putting signs there to inform people where they can obtain a key and also warn trespassers that only authorized personnel are permitted to enter. Motion passed 5 to 0. Public Works Director Bill Thomasset explained this ground storage tank is badly in need of repainting inside and out. It was moved by Councilmember Frauenberger, seconded by Councilmember Bost, that Staff be authorized to advertise for bids for the repainting of the Woodcreek Ground Storage Tank. Motion passed 5 to 0. ;•�r.IDl; I►I�... MEETING RECESSED TO EXECUTIVE SESSION AT 8:52 P. M. UNDER TEXAS REVISED CIVIL STATUTES ARTICLE 6252-17, SECTION 2 Mayor Reid read the following items to be discussed: UNDER SUBSECTION (e) LEGAL - The City Attorney will discuss with Council Contemplated and Pending Litigation: General Update on Pending Litigation Involving City. UNDER SUBSECTION (f) ACQUISITION OF REAL PROPERTY - Discussion with City Attorney and City Manager's representative concerning purchase of Utility Easements on F. M. 518. UNDER SUBSECTION (g) PERSONNEL - Council will discuss appointment of member to fill unexpired term on the Planning and Zoning Commission. I'I�I IT 'i I�1 • •' � `1�. • • � • Mayor Reid informed the items discussed in Executive Session were those read in open session tonight and signed a certification to that effect. NEW BUSINESS (Continued) AUTHORIZATION FOR CITY MANAGER TO NEGOTIATE FOR UTILITY EASEMENTS FOR WATER LINE REIOCATION ADJACENT TO F. M. 518 WIDENING It was moved by Councilmember Frauenberger, seconded by Councilmember Mack, that the City Manager be authorized to negotiate for utility easements for water line relocation adjacent to F. M. 518 on the widening project. Motion passed 5 to 0. ADJOURN The meeting adjourned at 9:51 P. M. 161 Minutes approved as submitted and/or corrected this of day of A. D., 1987. ATTEST: r- Y� City Se tart'