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1985-05-28 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS HELD ON MAY 28, 1985, AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARLAND, TEXAS The meeting was called to order with the following present: Mayor Councilman/Mayor Pro Tem Councilman Councilman Councilman Councilman City Manager City Attorney' City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: Tom Reid James Bost Terry Gray Richard Tetens Dennis Frauenberger Al Lentz Ronald J. Wicker Luke L. Daniel Kay Krouse The invocation was given by Mayor Tom Reid. The Pledge of Allegiance was led by City Attorney Luke Daniel. APPROVAL OF MINUTES: It was moved by Councilman Gray, seconded by Councilman Bost, that the minutes of the Regular Meeting of May 13, 1985 be approved as submitted. Motion passed 4 to 0. Councilman Frauenberger abstained. MAYOR'S ACTIVITY REPORT: Mayor Reid reported that the Water Authority Bill passed both the House and the Senate and is due to be signed by the Governor soon. COUNCIL ACTIVITY REPORTS: Councilman Bost and Councilman Tetens reported they attended the HGAC Elected City Official Workshop last week and found it very beneficial. DEPARTMENTAL REPORTS: City Manager Ron Wicker reported that the plans are out on the new Public Safety Facility and bids will be opened on June 19 and we are hoping we'll get a lot of activity on the plans and specifications. Also next week we'll be meeting on a departmental level with the new City Hall architect to discuss the needs of the various departments that can be served in City Hall so that we can get on with the planning of the new city hall as soon as possible. CITIZENS: 1. Mr. Calvin Starr, Manager of K -Mart, had signed to appear before the Council but was not present at the meeting. CHANGE IN ORDER OF BUSINESS NEW BUSINESS COUNCIL DECISION ON REQUEST BY MR. CALVIN STARR; STAFF REPORTS RELATED THERETO: City Attorney Luke Daniel reported that Mr. Starr and other merchants in the K -Mart Shopping Center had approached Police Chief Stanford and himself with a problem of young people congregating and littering in the parking lot of the shopping center at night and especially on weekends. This has been going on for a long time but now the problem has become more serious in that when trying to clean up the area the street sweepers are being intimidated by the groups of young people and the shoppers are finding it difficult to park at the shopping center. City Attorney Daniel stated that 59 he, the Chief of Police, a representative of the District Attorney's office and the. merchants met concerning this problem and formulated a model "notice to the public" that the lot is for customer parking only and any other use of the parking lot is prohibited and violators will be prosecuted. Last Friday night, the Police Chief had leaflets prepared to hand out on a one -time -only basis to the people who were congregating on the parking lot telling them that if they were not actually shopping at the center, they were trespassing and that trespassing was a criminal offense. City Attorney Daniel stated that he would like to give a word of thanks to Chief Stanford for his efforts on this problem, and as things look now, the problem seems to have been alleviated. CITIZENS: (continued) 2. Scott Russell from Heritage Green Subdivision spoke before the Council about the asphalt bleeding on Barry Rose Road and requested Council action to correct this situation. He submitted a picture showing a car that had a thick layer of asphalt along the bottom. On May 22, 1985, the citizens of Heritage Green Subdivision submitted a petition to the City complaining about the condition of Barry Rose Road. The petition contained the names of 186 residents. CHANGE IN ORDER OF BUSINESS NEW BUSINESS (continued) COUNCIL DECISION ON REQUEST BY HERITAGE GREEN SUBDIVISION HOMEOWNERS; STAFF REPORTS RELATED THERETO: City Manager Ron Wicker explained that they knew there was a possibility that this problem would occur because due to the time of year the penetration paving was installed the paving did not have time to cure. The contractor, Ike Hall, Inc., is under a two-year maintenance bond and he has been contacted and put on notice that the road will have to be put back in an acceptable condition. However, the contrac- tor on the drainage project for F. M. 518 and Barry Rose will begin work in the next week or so and will be tearing up the end of Barry Rose Road to do this project. Mr. Larry Goodmen, also from Heritage Green Subdivision, addressed the Council with a request that the City not have the entire roadway repaved but leave the end part until after the drainage project is completed. He added that with the new Alexander Landing subdivision going in that additional traffic is being generated on Barry Rose so he would like the Council to reconsider repairing the penetration paving on the road and replace it with some better form of paving that would hold up in the future. Mayor Reid requested that the City Staff look at this year's Budget to see what we can do on Barry Rose Road. DOCKETED PUBLIC HEARINGS: 1. LAND USE CHANGE APPLICATION NO. 142 -AMENDED - Blair Hamilton, Agent for Bennie Oddo, Owner, from Classification Planned Unit to Commercial on 3.0285 acres of Land Being Part of the West Half N of Lot 52 of the Allison Richey Gulf Coast Home Company Subdivision of the H.T. & B.R.R. Co. Survey No. 6, A-544. (N. E. Corner of O'Day Road and F. M. 518) PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: Mr. Blair Hamilton advised the Council that Mr. Oddo owns eight plus acres and had originally applied for rezoning of the entire tract. At the Planning and Zoning hearing some citizens to the north of the property voiced concern about rezoning the back part Commercial if the owner did not have any immediate plans to develop it. The application was amended at the hearing and the rezoning was requested on V II only the front three acres. It is proposed to develop a strip center on approximately 20,000 sq. ft. with a self -serve gas station and a tire center already planned to go in. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: None QUESTION AND ANSWER PERIOD: Mayor Reid read a letter from the Planning and Zoning Commission dated May 10, 1985, as follows: May 10, 1985 The Honorable Mayor and City Council City Hall Pearland, Texas 77588 Gentlemen: At their special meeting on May 7, 1985, the Planning and Zoning Commission considered the request of Bennie Oddo, owner, Blair Hamilton, agent, for an amend- ment to the Land Use and Urban Development Ordinance, Application No. 142, 8.8548 acres from classification Planned Unit (PU) to Commercial (C). At the request of Blair Hamilton, agent for Bennie Oddo, the Planning and Zoning Commission acted on the amended Application No. 142 which consisted of 3.0285 acres on the Northeast corner of F. M. 518 and O'Day Road. Approximately 343' front along F. M. 518 from the intersection of O'Day and 328' north from the intersection of F. M. 518. Motion was made by Clyde Starns, seconded by Carlton Baker, that the amended Application No. 142 be approved. Motion passed 4 to 0. The Planning and Zoning Commission is now presenting this for Council's consideration. Sincerely, /s/ Leroy Savoie Planning and Zoning Commission Acting Chairman LS/vc City Manager Ron Wicker stated that the requested zone change was in line with what is being proposed for that area and that water and sewer are available for the site. ADJOURN COMPLETE TAPE OF HEARING ON FILE IN THE CITY SECRETARY'S OFFICE CHANGE IN ORDER OF BUSINESS: NEW BUSINESS (continued) COUNCIL DECISION ON APPLICATION NO. 142 -AMENDED, BLAIR HAMILTON, AGENT FOR BENNIE ODDO, OWNER It was moved by Councilman Gray, seconded by Councilman Tetens, that the City Attorney be instructed to prepare the necessary Ordinance to change the zoning of Application No. 142 -Amended, Blair Hamilton, Agent for Bennie Oddo, Owner, from Planned Unit to Commercial. Motion passed 5 to 0. rm J UNFINISHED BUSINESS: ORDINANCE NO. 491, AN ORDINANCE ABANDONING A DEDICATED PUBLIC STREET RIGHT-OF-WAY LOCATED IN SECTION 12, H. T. & B. R. R. CO. SURVEY, A-508, SAME BEING FOR PEARLAND SITES ROAD SOUTH OF MAGNOLIA ROAD (REQUEST BY BEAU -BAY DEVELOPMENT CORP., ELLIOTT CAGE, JR. AND MRS. CHAILLE THOMPSON). Ordinance No. 491 read in caption by Councilman Bost. (Second Reading) It was moved by Councilman Bost, seconded by Councilman Lentz, that Ordinance No. 491 be passed and approved on the second and final reading. Said Ordinance No. 491 reads in caption as follows: ORDINANCE NO. 491 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS ABANDONING, VACATING AND RELINQUISHING A DEDICATED PUBLIC STREET RIGHT-OF-WAY LOCATED IN SECTION 12, H. T. & B. R. R. CO. SURVEY, A-508, BRAZORIA COUNTY, TEXAS, SAME BEING FOR PEARLAND SITES ROAD SOUTH OF MAGNOLIA ROAD. Voting "Aye" - Councilman Gray, Councilman Frauenberger, Councilman Bost, Council- man Tetens, and Councilman Lentz. Voting "No" - None Motion passed 5 to 0. CHANGE IN ORDER OF BUSINESS NEW BUSINESS (continued) COUNCIL DECISION ON REQUEST FOR RATE INCREASE BY ENTEX, INC. ORDINANCE NO. 494, ORDINANCE FIXING AND ORDERING THE RATES TO BE CHARGED BY ENTEX, INC. FOR GAS AND GAS SERVICE TO RESIDENTIAL AND SMALL COMMERCIAL CUSTOMERS WITHIN THE CITY OF PEARLAND, TEXAS Ordinance No. 494 read in caption by Councilman Tetens. (First Reading) It was moved by Councilman Tetens, seconded by Councilman Bost, that Ordinance No. 494 be passed and approved on the first of two readings. Said Ordinance No. 494 reads in caption as follows: ORDINANCE NO. 494 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FIXING AND ORDERING THE RATES TO BE CHARGED BY ENTEX, INC. FOR GAS AND GAS SERVICE TO RESIDENTIAL AND SMALL COMMERCIAL CUS- TOMERS WITHIN THE CITY OF PEARLAND, TEXAS, ESTABLISHING THE EFFECTIVE DATE, MAKING MISCELLANEOUS PROVISIONS, RE- PEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND PROVID- ING FOR SEVERABILITY. Voting "Aye" - Councilman Lentz, Councilman Tetens, Councilman Bost, Councilman Frauenberger and Councilman Gray. Voting "No" - None Motion passed 5 to 0. ORDINANCE NO. 246-104, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE - APPLICATION NO. 141, JAMES A. BANFIELD, JR., AGENT FOR BOBBY LEE GRIFFIN OWNER Ordinance No. 246-104 read in caption by Councilman Lentz. (First Reading) 62 It was moved by Councilman Lentz, seconded by Councilman Frauenberger, that Ordinance No. 246-104 be passed and approved on the first of two readings. Said Ordinance No. 246-104 reads in caption as follows: ORDINANCE NO. 246-104 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS; PROVIDING FOR AMENDMENT OF THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CONTAIN- ING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilman Gray, Councilman Frauenberger, Councilman Bost, Councilman Tetens, and Councilman Lentz. Voting "No" - None Motion passed 5 to 0. APPROVAL OF APPOINTMENT OF MEMBER TO THE BOARD OF DIRECTORS OF THE PEARLAND INDUSTRIAL DEVELOPMENT CORPORATION PURSUANT TO RESOLUTION NO. R82-34 Councilman Frauenberger, president of the Pearland Industrial Development Corporation, representing the Council, explained that Otto Schroeder has resigned from the Board and that the Board members would like to recommend Council appointment of Mr. Ed Grisham who is District Manager of Houston Lighting and Power Company for the Pearland area. It was moved by Councilman Frauenberger, seconded by Councilman Lentz, that Ed Grisham be appointed to the Board of Directors of the Pearland Industrial Development Corpora- tion replacing Otto Schroeder. Motion passed 5 to 0. RATIFICATION OF INDUCEMENT RESOLUTION PASSED AND APPROVED BY THE PEARLAND INDUSTRIAL DEVELOPMENT CORPORATION, RESOLUTION NO. R85-12 Councilman Frauenberger explained that the Pearland Industrial Development Corporation passed its first inducement resolution on May 20, 1985 concerning issuance of bonds to finance a project for James A. Banfield and Ronald Hausman, a Texas joint venture; the project being the construction of a mini storage facility and future office warehouse devel- opment. The Board is requesting Council's ratification of this inducement resolution. Resolution No. R85-12 read in full by Councilman Frauenberger. It was moved by Councilman Frauenberger, seconded by Councilman Gray, that Resolution No. R85-12 be passed and approved on the first and only reading. Said Resolution No. R85-12 reads in caption as follows: RESOLUTION NO. R85-12 RESOLUTION APPROVING RESOLUTION OF PEARLAND INDUSTRIAL DEVELOP- MENT CORPORATION CONCERNING ISSUANCE OF BONDS TO FINANCE A PRO- JECT FOR JAMES A. BANFIELD AND RONALD HAUSMAN, A TEXAS JOINT VENTURE. Voting "Aye" - Councilman Lentz, Councilman Tetens, Councilman Bost, Councilman Frauenberger, and Councilman Gray. Voting "No" - None Motion passed 5 to 0. 63 APPOINTMENT OF MEMBER TO THE PLANNING AND ZONING COMMISSION Mayor Reid announced that Mr. Jack Tyler, 3421 Robinson, had been contacted and has agreed to serve on the Planning and Zoning Commission for a three year term to fill the position vacated by Frank Ravet. It was moved by Councilman Bost, seconded by Councilman Tetens, that Jack Tyler be appointed as a member of the Planning and Zoning Commission to serve a three-year term. Motion passed 5 to 0. Mayor Reid administered the Oath of Office to Jack Tyler. ORDINANCE NO. 492, AN ORDINANCE ACCEPTING STREET IMPROVEMENTS ON SOUTH GALVESTON STREET FROM THE SOUTH RIGHT-OF-WAY LINE ON F. M. 518 SOUTH TO THE NORTH RIGHT-OF- WAY LINE OF WALNUT STREET, DECLARING AMOUNTS OF ASSESSMENT AGAINST ABUTTING PROP- ERTY OWNERS AND LEVYING SAME. Ordinance No. 492 read in caption by Councilman Gray. (Second Reading) It was moved by Councilman Gray, seconded by Councilman Tetens, that Ordinance No. 492 be passed and approved on the second and final reading. Said Ordinance No. 492 reads in caption as follows: ORDINANCE NO. 492 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ACCEPTING STREET IMPROVEMENTS ON SOUTH GALVESTON STREET FROM THE SOUTH RIGHT-OF-WAY LINE OF F. M. 518 SOUTH TO THE NORTH RIGHT-QF=WAY LINE OF WALNUT STREET; DECLARING AMOUNTS OF ASSESSMENT AGAINST PROPERTIES ABUTTING SAID STREET IMPROVEMENTS AND THE OWNERS THEREOF AND LEVYING THE SAME; FINDING AND DETERMINING THE SPECIAL BENEFITS TO AND THE ENHANCEMENT OF VALUE TO SUCH ABUTTING PROPERTY BY REASON OF SAID STREET IMPROVEMENTS; HAVING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE; HAVING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilman Lentz, Councilman Tetens, Councilman Bost, Councilman Frauenberger, and Councilman Gray. Voting "No" - None Motion passed 5 to 0. ORDINANCE NO. 493, AN ORDINANCE ACCEPTING STREET IMPROVEMENTS ON LIBERTY DRIVE FROM THE SOUTH RIGHT OF WAY LINE ON F. M. 518 SOUTH TO SHADYBEND; DECLARING AMOUNT OF ASSESSMENT AGAINST ABUTTING PROPERTY OWNERS AND LEVYING SAME. Ordinance No. 493 read in caption by Councilman Lentz. (Second Reading) It was moved by Councilman Lentz, seconded by Councilman Bost, that Ordinance No. 493 be passed and approved on the second and final reading. Said Ordinance No. 493 reads in caption as follows: ORDINANCE NO. 493 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ACCEPTING STREET IMPROVEMENTS ON LIBERTY DRIVE, FROM THE SOUTH RIGHT-OF-WAY LINE OF F. M. 518 SOUTH TO SHADYBEND; DECLARING AMOUNTS OF ASSESSMENT AGAINST PROPERTIES ABUTTING SAID STREET IMPROVEMENTS AND THE OWNERS THEREOF AND LEVYING THE SAME; FINDING AND DETERMINING THE SPECIAL BENEFITS TO AND THE ENHANCEMENT OF VALUE TO SUCH ABUTTING PROPERTY BY REASON OF SAID STREET IMPROVEMENTS; HAVING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE; HAVING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilman Gray, Councilman Frauenberger, Councilman Bost, Councilman Tetens, and Councilman Lentz. 64 Voting "No" - None Motion passed 5 to 0. NEW BUSINESS (continued) ACCEPTANCE OF WESTWOOD VILLAGE, SECTION 1, STREETS, WATER SYSTEM, SANITARY SEWER SYSTEM AND DRAINAGE It was moved by Councilman Lentz, seconded by Councilman Bost, that the City accept Westwood Village, Section 1, streets, water system, sanitary sewer system and drainage with the stipulation that Mr. Doyle Murphree furnish the City a maintenance bond with- in the next 30 days. Motion passed 5 to 0. REQUEST BY THE PEARLAND COMMUNITY EVENTS ORGANIZATION FOR PERMISSION TO USE INDEPENDENCE PARK FOR FOUNDERS DAY It was moved by Councilman Gray, seconded by Councilman Lentz, that the Pearland Commun- ity Events Organization be permitted to use Independence Park on September 21-22 for Founders Day festivities. Motion passed 5 to 0. PERMISSION TO CHARGE ADMISSION FOR FOUNDERS DAY 1985 There was a general discussion about the admission charge. The Council had concerns about what the fee would be and how and where it would be collected. It was suggested that before the Council took any action on the item that a meeting be held with this community group to reach an agreement. It was moved by Councilman Frauenberger, seconded by Councilman Bost, that this item be passed to a future agenda. Motion passed 5 to 0. REVIEW OF PAVEMENT DESIGN FOR F. M. 518 FROM STATE HIGHWAY 35 TO GALVESTON COUNTY LINE City Manager Ron Wicker explained that he had recently received a letter from Mr. Poor - man, District Engineer of the Highway Department, concerning the widening of F. M. 518 from State Highway 35 to Galveston County Line. The project design work will be in two parts: the first being 0.2 mile of a section from Galveston County Line west to take in the major drainage structure at Mary's Creek Bypass and 518; the other being the point from the 0.2 mile east of the Galveston County Line to Highway 35. In the past,consid- ering the widening of Westminister to the Galveston County Line, the Council requested to the State that the roadway elevation be maintained as it exists now and that it be constructed as a curb and gutter section. In Mr. Poorman's letter he stated that if the elevation of the centerline of the roadway is designed the same as it exists today, it would result in considerable additional expense to the City because of the various drainage problems it will create. He had attached some cost estimates relating to this. Mr. Poorman questioned that in light of the additional expense, would the City like to reconsider their request and since the State is now in the design process for the 0.2 mile length of F_ M. 518 near the Galveston County Line he would like Council's deci- sion as soon as possible. After a lengthy discussion by the Council concerning the roadway elevation and the cost and construction involved, it was recommended that the City Manager inform Mr. Poorman that the Council would like to proceed with the normal curb and gutter cross section design that the State uses with keeping the elevation of F. M. 518 as high as possible but that we do not want to commit to the additional expense involved 65 in keeping the centerline elevation as it exists today. APPOINTMENT OF MEMBER TO THE ZONING BOARD OF ADJUSTMENT Mayor Reid stated that this item will be passed to a future agenda. REVIEW AND POSSIBLE AWARD OF THE FOLLOWING BIDS: (a) Bid No. B85-10, Water Line Materials, Highway 35 and Dixie Farm Road Council reviewed the following bids: (Unit prices were quoted on a total of 14 items with the following total bids submitted) UTILITY SUPPLY COMPANY $224,352.00 MUNICIPAL PIPE AND FABRICATING COMPANY 216,073.00 AQUA UTILITY SUPPLY COMPANY 229,144.64 It was moved by Councilman Lentz, seconded by Councilman Tetens, that Bid No. B85-10, Water Line Materials, Highway 35 and Dixie Farm Road, be awarded to Municipal Pipe and Fabricating Company in the amount of $216,073.00 and that payment be made from the appropriate fund. City Manager Wicker commented that these materials will be used to loop the water system down Dixie Farm Road from its present deadend location just south of Westfield, all the way down to Highway 35 and back up on Highway 35 to tie back into the system just south of Magnolia. This will be a 16" line that will adequately serve all that area and will be installed by our construction crew. Motion passed 5 to 0. (b) Bid No. B85-11, Fire Hydrants City Manager Ron Wicker explained that we have found a discrepancy in discussing this bid item with the City Attorney and would like to ask that all the bids be thrown -out because we have limited the fire hydrant bid to only one manufacturer and that we be authorized to proceed with rebidding this project offering "or equal" type bid. It was moved. by Councilman Frauenberger, seconded by Councilman Lentz, that all bids on Bid No_B85711 be rejected and that we rebid using newly developed specifications. Motion passed 4 to 1. Councilman Gray voted against. APPROVAL OF THE FOLLOWING INVOICES: (a) It was moved by Councilman Lentz, seconded by Councilman Bost, that Invoice No. 4217, Langford Engineering Inc., for Expansion of Barry Rose and Longwood Waste- water Treatment Plants and related Facilities in the amount of $5,078.04 be approved and payment be made out of the appropriate funds. Motion passed 5 to 0. (b) It was moved by Councilman Lentz, seconded by Councilman Tetens, that Invoice dated May 13, 1985, Christopher Di Stefano & Associates, Inc. for architectural services relative to the Public Safety Facility in the amount of $36,400.00 be approved and payment be made out of the appropriate funds. Motion passed 5 to 0 (c) It was moved by Councilman Lentz, seconded by Councilman Tetens, that Estimate No. 2 and Final, Naylor Industries, Inc., for Cleaning, Televising and Lining of Green Tee Sanitary Sewer Line in the amount of $7,492.09 be approved and payment be made out of the appropriate funds. Motion passed 5 to 0. ORDINANCE NO. 471-1, AN ORDINANCE AMENDING CHAPTER 7, ARTICLE IV OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS (CAPITAL MAINTENANCE AND RECOVERY FEE ORDINANCE) REDEFINING TERMS AND PROVIDING FOR PAYMENT OF FEES PRIOR TO RECEIPT OF SERVICE City Attorney Luke Daniel explained that the current Ordinance requires the payment of capital maintenance and recovery fee at the time of issuance of building permits. As the Ordinance reads now, a commercial or residential unit tying on to our sanitary sewer and water facilities and not requiring a building permit is immuned from paying capital maintenance and recovery fees. This new Ordinance redefines terms, amends the method and vehicle by which the Capital Recovery Fee will be collected, and puts forth three different possibilities when payment of fees are due and payable. Ordinance No. 471-1 read in caption by Councilman Bost. (First Reading) It was moved by Councilman Bost, seconded by Councilman Tetens, that Ordinance No. 471-1 be passed and approved on the first of two readings. Said Ordinance No. 471-1 reads in caption as follows: ORDINANCE NO. 471-1 AN ORDINANCE AMENDING SECTIONS 7-54, 7-55, 7-56, 7-57 and 7-58 OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS; PROVIDING FOR CAPITAL RECOVERY FEES FOR CITY WATER AND SANITARY SEWER SERVICE; DEFINING TERMS; SETTING FORTH AMOUNT AND USE OF FEES; REQUIRING PAYMENT PRIOR TO SERVICE; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilman Gray, Councilman Frauenberger, Councilman Bost, Councilman Tetens, and Councilman Lentz. Voting "No" - None Motion passed 5 to 0. OTHER BUSINESS: EXCUSED ABSENCE FOR COUNCILMAN DENNIS FRAUENBERGER FROM MAY 13, 1985, REGULAR MEETING It was moved by Councilman Lentz, seconded by Councilman Bost, that Councilman Dennis Frauenberger be granted an excused absence from the May 13, 1985, regular meeting. Motion passed 4 to 0. Councilman Frauenberger abstained. MEETING RECESSED TO EXECUTIVE SESSION AT 9:57 P. M. UNDER TEXAS REVISED CIVIL STATUTES ARTICLE 6252-17 SECTION 2 - SUBSECTION (e) LEGAL - Contemplated and Pending Litigation, (1) City Automobile Accident, (2) Article 1269m V.A.T.C.S., (3) Farrell vs City, and (4) Paving Assessment Settlement Offer. MEETING RETURNED TO OPEN SESSION AT 10:45 P. M. - No action taken. ADJOURN: The meeting adjourned at 10:45 P.M. Minutes approved as submitted and/or corrected this the /0 day of A. D., 1985. ayor Pro Tem ATTEST: City S retary