1987-11-09 CITY COUNCIL REGULAR MEETING MINUTES190
NmV[= OF A RERJLAR MEETING OF THE CITY =ROIL OF THE CITY OF PEARLAND, TEXAS, HELD
ON NOVEMBER 9, 1987, AT 7:30 P. M. IN THE CITY HALL, 3519 LIBERTY DRIVE,
PEARLAM, TEXAS
The meeting was called to order with the following present:
Mayor
Tom Reid
Councilmember/Mayor Pro Tem Richard. Tetens
Councilmember
Councilmember
Member of Council
Position No. 5
City Manager
Assistant City Manager
City Attorney
Police Chief
Public Works Director
City Secretary
Stella Roberts
Dennis Frauenberger
vacant
Ronald J. Wicker
Donald Birkner
Luke L. Daniel
Bob Riemenschneider
Bill Thomasset
Kay Krouse
Absent from the Meeting: Councilmember James Bost
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The invocation was given by Mayor Tom Reid. The Pledge of Allegiance was led by
Councilmember/Mayor Pro Tem Richard Tetens.
It was moved by Councilmember Roberts, seconded by Councilmember Frauenberger, that
the Minutes of the Regular Meeting of October 26, 1987, be approved as presented.
Motion passed 3 to 0.
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PRESE[fhTION OF RESOLUTION NO. R87-27, RESOUMON OF RFSPECT FOR CHARLES R. MACK
Mayor Reid read Resolution No. R87-27 in its entirety.
It was moved by Councilmember Roberts, seconded by Councilmember Tetens, that this
Resolution of Respect for Charles R. Mack be approved on the first and only reading.
Said Resolution No. R87-27 reads as follows:
RESOLUTION NO. R87-27
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WHEREAS, on the 1st day of November, 1987, death brought to a close the
active life of Charles R. Mack, and
WHEREAS, Charles R. Mack has, through his foresight and zeal for this
community, earned the affection of the people in the City of
Pearland, Texas; and
WHEREAS, he unselfishly contributed his time, talents and energies to
the people of Pearland, serving as a member of the Planning
and Zoning Commission, as a City Councilmember and as Mayor
Pro Tem.
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BE IT THEREFORE RESOLVED, that the Mayor and City Council of the City
of Pearland, Texas, do, by this resolution and public record,
recognize the profound influence of Charles R. Mack upon the
development of Pearland, Texas, recognizing further that his
death is a distinct loss to the City in which he worked and
won deep respect and affection.
BE IT FURTHER RESOLVED, that this resolution be spread upon the minutes
of the Council and duplicate originals be made thereof, with
one copy being presented to the Mack Family and one copy being
displayed in the Council Chambers, in recognition of Mr.
Mack's respected place in this community.
Adopted this 9th day of November, A. D., 1987.
/s/ Tom Reid
Mayor
/s/ Stella Roberts
Councilmember
/s/ Richard Tetens
Councilmember
/s/ James Bost
Councilmember
/s/ Dennis Frauenberger
Councilmember
Voting "Aye" - Councilmembers Roberts, Tetens, and Frauenberger.
Voting "No" - None.
Motion passed 3 to 0.
r
Mayor Reid presented a framed copy of the Resolution to the Charles Mack Family as
well as the Councilmember portrait of Mr. Mack and his nameplate used in Council
meetings.
MAYOR'S ACTIVITY REPORT
Mayor Reid issued a proclamation proclaiming the week of November 15-21 as American
Education Week in Pearland. Elaine Johnson, member of Pearland Education
Association, accepted the proclamation.
COUNCIL ACTIVITY REPORTS: None
1. David Miller, Pearland Properties. Mr. Miller informed that he would not be
speaking at this meeting.
2. Frances Jamison, Pearland, Texas. Mrs. Jamison read from a letter addressed to
the Council, signed by Bert and Frances Jamison, concerning the proposed reworking of
drainage pipes from F. M. 518 to Clear Creek. The letter stated the Jamisons have
agreed to allow temporary placement of dirt on their property while the project is
underway, but that they are requesting the City furnish them with a written statement
that the City accepts full responsibility for putting existing survey stakes back
where they were originally according to their deed.
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NEW BUSINESS ( CONTINUED )
REQUEST BY SANTA FE ENERGY TO RUN A VIBROSEIS SEISMIC SURVEY THROUGH THE CITY OF
PFARLAND
City Manager Ron Wicker reviewed with Council a similar permit issued in late 1985 to
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Seis Pros to conduct seismograph testing in the City.
Terry Cahill, representing Santa Fe Energy, explained that vibroseis method uses a
series of trucks with a flat plate under the under -carriage which rests on the ground
or pavement and vibrates. He advised that residents near the testing sites would be
notified when testing would begin.
Mayor Reid read letters from officials of Texas City and Rosenberg which commended
the work performance of Mr. Cahill in doing seismic work in their City.
It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that
Santa Fe Energy be granted a permit to conduct seismic testing, as requested, through
the City of Pearland, with the use of air gun and no dynamite to be used, for a fee
of $500, conditional upon the company furnishing the City with a $100,000 bond and a
certificate of insurance with the City named as co-insured on a $1,000,000 policy
with no deductible.
Motion passed 3 to 0.
RESOLUTION NO. R87-26, RESOLUTION AUTHORIZING THE EXEMPTION OF CERTAIN VEHICLES FROM
THE MOTOR VEHICLE MARKING RF7Q[JIRr.NlELV'!'S OF V.A.C.S., ARTICLE 6701m-2 AND AUIMMIZING
CERTAIN LICENSING TBEREOF
City Attorney Luke Daniel explained that because of new changes in the law we have
been informed by the State it would be necessary to present a Council resolution
authorizing the exemption of certain police vehicles from the Motor Vehicle Marking
Requirements of V.A.C.S., Article 6701m-2 and authorizing certain licensing of those
vehicles. This, in effect, will allow us to register police undercover cars under an
alias name and be issued license plates such as are ordinarily used by privately
owned vehicles in the State.
Resolution No. R87-26 read in its entirety by Councilmember Frauenberger.
It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that
Resolution No. R87-26 be passed and approved on the first and only reading. Said
Resolution No. R87-26 reads in caption as follows:
RESOLUTION NO. R87-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AUTHORIZING THE EXEMPTION OF CERTAIN POLICE VEHICLES FROM THE
MOTOR VEHICLE REQUIREMENTS OF V.A.C.S. ARTICLE 6701m-2, AND
AUTHORIZING CERTAIN LICENSING THEREOF.
Voting "Aye" - Councilmembers Frauenberger, Tetens and Roberts.
Voting "No" - None.
Motion passed 3 to 0.
RATIFICATION OF CITY MANAGER'S APPOINTHENT OF ASSISTANT FIRE MARSHAL
From time to time our Fire Marshal, Joe Barnett, has had a need for an assistant and
it has been brought to our attention that Mr. Buck Stevens, a volunteer fireman for
the City of Pearland, has arson certification and would like to assist Mr. Barnett.
Mr. Barnett and Larry Steed, Fire Chief, see no problems with this.
It was moved by Councilmember Tetens, seconded by Councilmember Frauenberger, that
Council ratify the appointment of Buck Stevens as Assistant Fire Marshal.
Motion passed 3 to 0.
EX(,'UEED ABSENCE FOR COLMILNRMBER JAMES BOST FROM REGULAR MEETING OF NOVEMBER 9, 1987
It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that
James Bost be excused from the regular meeting of November 9, 1987.
Motion passed 2 to 0. Councilmember Roberts abstained.
PROPOSAL FROM PITTSBURG TANK & TOWER COMPANY TO DISMANTLE 50,000 GALLON ELEVATED
WATER TOWER AT OLD CITY HALL
City Manager Ron Wicker explained that since we had constructed three 500,000
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elevated water storage tanks in the City, it has drastically reduced the requirement
of the 50,000 gallon water tower located at the old City Hall site. We have checked
with other cities around the area to see if they had a need for the tower, but none
could afford to move it. The tower is not in use, is probably filled with dirty
water and will periodically need maintenance. We have recently received a proposal
from Pittsburg Tank & Tower Company to dismantle and move the tower for a fee of
$4,950.00.
In a general discussion between Staff and Council it was suggested that Staff contact
some demolishing companies to get their estimates.
It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that
the City Manager be authorized to proceed with the removal of the 50,000 gallon
elevated water tower for a price not to exceed $4,950.00.
Motion passed 3 to 0.
CALL OF PUBLIC HEARING ON AMENDMENTS TO ORDINANCE NO. 509, LAND USE AND URBAN
DEVELOPMENT ORDINANCE
City Attorney Luke Daniel explained this was the hearing before Council concerning
registered family homes and increasing the penalties for violations of the ordinance.
It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that a
public hearing be called for November 30, 1987, at 7:30 P. M. in the Council Chamber
on amendments to Ordinance No. 509, Land Use and Urban Development Ordinance.
Motion passed 3 to 0.
APPROVAL OF I WOICES
(a) It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that
Invoice No. 1633, Snowden Engineering, Inc., for professional services in
surveying of Tracts 1, 2, and 3 in Pearland E.T.J. (Harris County), for future
annexation puposes, in the amount of $11,500.00 be approved and payment made
from the appropriate funds.
Motion passed 3 to 0.
(b) It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that
Invoice No. 36738, Industrial International, Inc., for materials for waterline
relocation along F. M. 518 - Woodcreek to Regal Oaks, in the amount of
$8,124.15 be approved and payment made from the appropriate funds.
Motion pased 3 to 0.
COIL DIRECTION TO CITY ATTORNEY REGARDING FORD V. PEARLAND WfULMM ET AL CASE
City Attorney Luke Daniel advised that this item will be passed to a future agenda.
0THER BUSINESS
MEETING RECESSED TO EXECUTIVE SESSION AT 8:36 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, indicating that item no. 1 under Subsection (e) Legal would not be
discussed.
MEETING RETURNED TO OPEN SESSION AT 9:59 P. M. - NO ACTION TAKEN
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 discussed with Council: 1) Civil
Service Arbitration Hearing; and 2) Civil Service Commission Hearing.
UNDER SUBSECTION (f) LAND ACQUISITION - Council heard report and discussion
concerning: 1) Additional right-of-way on F. M. 518 near Mary's Creek and 2) Update
on acquisition of rights-of-way and easements for F. M. 518 widening.
UNDER SUBSECTION (g) PERSONNEL - 1) Council heard report from City Attorney
concerning hiring of an additional Deputy Municipal Prosecutor and 2) Council had
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discussion concerning Council appointee.
The meeting adjourned at 10:01 P. M.
Minutes approved as submitted and/or corrected this _
A. D., 1987.
ATTEST:
y11/
City Sec tary