1987-10-26 CITY COUNCIL REGULAR MEETING MINUTES1.85
MMM OF A REMM MR:F'I'M OF THE CITY (Ail1UIL OF THE CITY OF PEARLAND, TEXAS, HELD
ON OCTOBER 26, 1987, AT 7:30 P. M., IN THE 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 Dennis Frauenberger
Councilmember
Councilmember
City Manager
Assistant City Manager
City Attorney
Police Chief
Public Works Director
City Secretary
James Bost
Stella Roberts
Ronald J. Wicker
Donald Birkner
Luke L. Daniel
Bob Riemenschneider
Bill Thomasset
Kay Krouse
Absent from the meeting: Councilmember Charles Mack
The invocation was given by Councilmember James Bost.
led by Pearland VFW Post Commander Irene Thomas.
The Pledge of Allegiance was
It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that the
Minutes of the Regular Meeting of October 12, 1987 be approved as presented.
Motion passed 4 to 0.
MAYOR'S ACTIVITY REPORT
Mayor Reid proclaimed the week of November 8-14, 1987, as "Voice of Democracy Week"
in Pearland and presented the proclamation to the Pearland Memorial VFW Post 7109
Commander Irene Thomas.
Councilmember Roberts reported that last Wednesday evening Clean Pearland held their
fifth annual meeting, kicking off their membership campaign. She invited everyone
interested to join Clean Pearland and explained the membership dues and thank you
presents for the memberships. Councilmember Roberts also reported Clean Pearland now
has a slide presentation available for any interested group.
1. Raymond E. Feist, 3305 Churchill. Mr. Feist stated he was speaking on behalf of a
group of concerned citizens who wish it to be made known they support and appreciate
our Pearland police officers. Mr. Feist read from an endorsement of the Police
Department which will appear in the Pearland Journal on Wednesday, October 28, 1987.
He explained the group's position is: "we want all citizens to be treated equally,
with liberty and justice for all." Mr. Feist presented Council with a petition
containing over 500 signatures in support of this position. Mayor Reid received the
petition into the records of the City.
2. David Miller, Pearland Properties. Mr. Miller spoke to Council about tax abate-
ment and presented them with additional information about , the program. Mr. Miller
stated he believed this is a vital issue to Pearland and the Houston area.
186
Mayor Reid recognized from the audience several government students.
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SECOND READING OF ORDINANCE NO. 543, ORDINANCE REGULATING THE OPERATION OF VEHICLES
FOR HIRE IN THE CITY, CREATING A NEW CHAPTER IN THE CITY CODE OF ORDINANCES, AND
PROVIDING A PENALTY FUR VIOLATION
Ordinance No. 543 read in caption by Councilmember Roberts. (Second Reading)
It was moved by Councilmember Roberts, seconded by Councilmember Bost, that Ordinance
No. 543 be passed and approved on the second and final reading. Said Ordinance No.
543 reads in caption as follows:
ORDINANCE NO. 543
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CREATING
A NEW CHAPTER OF THE CITY CODE OF ORDINANCES, TO BE ENTITLED "VEHICLES
FOR HIRE," ESTABLISHING MINIMUM STANDARDS AND REQUIREMENTS FOR THE
OPERATION OF VEHICLES FOR HIRE WITHIN THE CITY; DEFINING TERMS; REQUIRING
PERMITS; REQUIRING INSURANCE; ESTABLISHING FEES; REGULATING FARES;
PROVIDING FOR STANDS AND CALL BOXES; PROVIDING A PENALTY FOR VIOLATION;
HAVING A SAVINGS CLAUSE; REPEALING PRIOR ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE.
Voting "Aye" - Councilmembers Roberts, Bost, Tetens and Frauenberger.
Voting "No" - None.
Motion passed 4 to 0.
NEW BUSS
EXCUSED ABSENCE FOR COUNCILMEMBER CHARLES MACK FROM THE REGULAR MEETING OF OCTOBER
26, 1987
It was moved by Councilmember Bost, seconded by Councilmember Roberts, that Council -
member Charles Mack be excused from the regular meeting of October 26, 1987.
Motion passed 4 to 0.
RESOLUTION NO. R87-25, RESOLUTION AND ORDER OF TBE CITY COUNCIL CASTING VOTES FOR THE
CANDIDATES FOR THE BRA70RIA COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS
Tax Assessor/Collector Barbara Lenamon explained the City of Pearland is entitled to
166 votes. She suggested that since the ballot requested voting for five of the
candidates, Council could cast one vote each for four candidates currently on the
Board with the remaining votes cast for Dennis Frauenberger.
Resolution No. R87-25 read in its entirety by Councilmember Bost.
It was moved by Councilmember Bost, seconded by Councilmember Tetens, that Resolution
No. R87-25 be passed and approved on the first and only reading; and that the
following votes be cast: 1 vote for J. G. Dickson; 162 votes for Dennis Frauenberger;
1 vote for Riley Godwin; 1 vote for Leland B. Kee; and 1 vote for Burch Loggins, for
a total of 166 votes cast. Said Resolution No. R87-25 reads in caption as follows:
IUMLUTION NO. R87-25
A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEAR.LAND, TEXAS,
CASTING VOTES FOR THE CANDIDATES FOR THE BRAZORIA COUNTY APPRAISAL
DISTRICT BOARD OF DIRECTORS.
Voting "Aye" - Councilmembers Roberts, Bost, Tetens and Frauenberger.
Voting "No" - None.
Motion passed 4 to 0.
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Mayor Reid explained that the building on Old Alvin road housing the Emergency
Medical Service has never had a name, except being called the E.M.S. building. In
reviewing the history of the Pearland E. M. S., Mayor Reid stated one individual made
significant contributions to this organization over the years with his time, money
and donations; that individual being Harry Bradley. Mr. Bradley recently passed away
and Mayor Reid proposed to Council that they rename the building on Old Alvin Road
after Mr. Bradley in honor of his many fine contributions.
It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that
the E. M. S. building be renamed the Harry E. Bradley Pearland E. M. S. Facility.
Motion passed 4 to 0.
AUTtERIZATION FOR STAFF TO TAKE BIDS ON ADDITIONAL WATF92T TNF' MAT 19AL FOR ME F. M.
518 WIDENING PROJECT
City Manager Ron Wicker advised the Staff is requesting authorization to bid
additional waterline material, the actual water pipe and appurtenances, necessary to
continue the relocation of the 16" water line along F. M. 518 near the Woodcreek
intersection. The need for this additional material was discovered after the project
was underway.
It was moved by Councilmember Tetens, seconded by Councilmember Bost, that City Staff
be authorized to take bids on the additional waterline material for the F. M. 518
widening project.
Motion passed 4 to 0.
APPROVAL OF INNVOICES
(a) It was moved by Councilmember Tetens, seconded by Councilmember Bost, that
Invoice No. 413047, Gifford --Hill Pipe Company, Materials for F. M. 518 Outfall
project at the Westminister outfall in the amount of $24,851.49 be approved and
payment made from the appropriate funds.
Motion passed 4 to 0.
(b) It was moved by Councilmember Tetens, seconded by Councilmember Bost, that
Invoice No. 414452, Gifford Hill Pipe Company, for materials for the F. M. 518
outfall drainage project at the Westminister outfall in the amount of $33,992.29
be approved and payment made from the appropriate fluids.
Motion passed 4 to 0.
(c) It was moved by Councilmember Tetens, seconded by Councilmember Bost, that
Invoice No. 415344, Gifford Hill Pipe Company, for materials for F. M. 518
outfall drainage project at the Westminster outfall in the amount of $25,966.58
be approved and payment made from the appropriate funds.
Motion passed 4 to 0.
(d) It was moved by Councilmember Tetens, seconded by Councilmember Bost, that
Invoice No. DR -37335, Industrial International, Inc., for materials for F. M.
518 Waterline in the amount of $49,749.00 be approved and payment made from the
appropriate funds.
Motion passed 4 to 0.
r - (e) It was moved by Councilmember Tetens, seconded by-Councilmember Bost, that
Estimate No. 1, C & S Asphalt Sealing Co., Inc., 1987 Street Maintenance
Program, Phase 2, John Lizer Road, in the amount of $44,882.94 be approved and
payment made from the appropriate funds.
Motion passed 4 to 0.
(f) Invoice - Information Cc m unication Corp.
Mayor Reid advised this item would be passed until after Executive Session.
(g) It was moved by Councilmember Tetens, seconded by Councilmember Bost, that
Estimate No. 6 and Final, Gehring Construction, Inc., for Sanitary Landfill pit
excavation and lining, in the amount of $7,015.80 be approved and payment made
from the appropriate funds.
Motion passed 4 to 0.
(h) It was moved by Councilmember Tetens, seconded by Councilmember Bost, that
Estimate No. 2 and Final, Mercer Construction Co., for construction of outfall
improvements for F. M. 518 widening project, in the amount of $4,388.80 be
approved and payment made from the appropriate funds.
Motion passed 4 to 0.
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MEETING RECESSED TO EXECUTIVE SESSION AT 8:23 P. M. UNDER TEXAS REVISED CIVIL
STATUTES, ARTICLE 6252-17, SECTION 2
Mayor Reid read, from the posted agenda, the topics to be discussed in Executive
Session.
Mayor Reid read the following items that were discussed in Executive Session, and
signed a certification to that effect:
UNDER SUBSECTION (e) LEGAL - The City Attorney briefed the Council on contemplated
and pending litigation - (1) Morrison v. City, (2) State of Texas and City of
Pearland v. B. M. Jamison et ux, (3) Discussion of Nanquin Claim, and (4) DTPA Action
- Intellectual Property, which is software.
UNDER SUBSECTION (f) LAND ACQUISITION - Council was briefed by attorneys concerning
easements and rights-of-way for F. M. 518 widening and related projects.
UNDER SUBSECTION (g) PERSONNEL - Council discussed a Council appointee.
NEW BUSINESS (Continued)
INVOICE NO. 87-18, IffF0f MATION CMWWCATION
It was moved by Councilmember Frauenberger, seconded by Councilmember Roberts, that
this item be tabled at this time.
Motion passed 4 to 0.
AUTHORIZATION FOR CITY ATTORNEY TO SETTLE MORRISON V. CITY LAWSUIT, CAUSE NO.
85F1754, IN T[E DISTRICT COURT OF BRAZMIA COUNTY, TEXAS
It was moved by Councilmember Tetens, seconded by Councilmember Bost, that the City
Attorney be authorized to accept the settlement offer as presented by Counsel in
Cause No. 85F1754, Morrison v. City of Pearland, with no discount for prepayment and
that the City Attorney be authorized to execute the necessary paperwork.
Motion passed 4 to 0.
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It was moved by Councilmember Frauenberger, seconded by Councilmember Roberts, that T
the City Manager be authorized to negotiate for the acquisition of drainage easement
from the Dissen Estate.
Motion passed 4 to 0.
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The meeting adjourned at 9:41 P. M.
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Minutes approved as submitted and/or corrected this _� day of ,
A. D., 1987.
Mayor
ATTEST:
City Se tart'
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