1985-09-25 CITY COUNCIL REGULAR MEETING MINUTES166
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD
ON NOVEMBER 25, 1985, AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PF.ARLAND,
TEXAS
The meeting was called to order with the following present:
Mayor
Tom Reid
Councilman/Mayor Pro Tem James Bost
Councilman Terry Gray
Councilman
Councilman
Councilman
City Manager
City Attorney
City Secretary
INVOCATION AND PLEDGE OF ALLEGIANCE
Al Lentz
Dennis Frauenberger
Richard Tetens
Ronald J. Wicker
Luke L. Daniel
Kay Krouse
The invocation was given by Councilman/Mayor Pro Tem James Bost. The Pledge of
Allegiance was led by Councilman Terry Gray.
APPROVAL OF MINUTES
It was moved by Councilman Bost, seconded by Councilman Tetens, that the Minutes of
the Regular Meeting of November 12, 1985 be approved as submitted.
Motion passed 4 to 0. Councilman Frauenberger abstained.
MAYOR'S ACTIVITY REPORT - None
COUNCIL ACTIVITY REPORTS - None
REPORTS
City Manager Ron Wicker reported he had received several calls from landowners out on
Max Road, around the 14435 block area. It seems Metallurgical Technologies, Inc., a
company in that vicinity, has applied to the Texas Air Control Board for a permit to
emit certain chemicals into the air. This State agency provides the necessary
inspections and criteria for discharging into the air. Mr. Wicker stated that he had
met today with an engineer with the Texas Air Control Board and discussed with him
the hazards involved with this discharge. The engineer, Mr. Wicker said, assured him
that as far as he was concerned, as an engineer, the discharge of these chemicals
would have minimal impact on the surrounding area. This area is outside our corpor-
ate limits and Mr. Wicker said he didn't know if the City had any legal means to do
anything on the permit. It was his understanding that there was to be a written
request for a public hearing on the permit and if the Council so desires to get
involved and the people in that area can provide information which would show us
something different than the State has indicated today, then we may want to get
involved in the hearing process. Mr. Wicker explained that he did want to make the
Council aware of this and the City Attorney can possibly, at his leisure, do some
checking to see if there are any laws associated with the City involvement of a
permit of this type out of our corporate limits.
City Attorney Luke Daniel reported that concerning P.U.C. Docket No. 5439 which was
on the agenda last time, there was no necessity for a letter for the Mayor to sign;
however, there has been a pleading filed. The petition in opposition to the
application of Chacko Thomas and Associates will be in Austin no later than tomorrow,
he said. We have gone on record verbally and backed it up with a petition in writ-
ing. They have not yet set a hearing date. At that time, Mr. Daniel said he and
Director of Public Works Bill Thomasset will plan to attend.
CITIZENS: None
DOCKETED PUBLIC HEARINGS: None
167
UNFINISHED BUSINESS
ORDINANCE NO. 173A-1, AN ORDINANCE AMENDING SECTION 6-69 OF THE CODE OF ORDINANCES
CHANGING FEES FOR THE IMPOUNDMENT OF ANY DOG
Ordinance No. 173A-1 read in caption by Councilman Gray. (Second Reading)
It was moved by Councilman Gray, seconded by Councilman Frauenberger,-that Ordinance
No. 173A-1 be passed and approved on the second and final reading. Said Ordinance
No. 173A-1 reads in caption as follows:
ORDINANCE NO. 173A-1
AN ORDINANCE AMENDING SECTION 6-69 OF THE CODE OF ORDINANCES
OF THE CITY OF PEARLAND, TEXAS; PROVIDING FEES FOR THE IMPOUND-
MENT OF ANY DOG; HAVING A SAVINGS CLAUSE; HAVING A REPEALER
CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFEC-
TIVE DATE.
Voting "Aye" - Councilman Gray, Councilman Frauenberger, Councilman Bost, Councilman
Tetens and Councilman Lentz.
Voting "No" - None.
Motion passed 5 to 0.
ORDINANCE NO. 387-1, AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS AND TIMES -
SCHOOL ZONES
Ordinance No. 387-1 read in caption by Councilman Frauenberger. (Second Reading)
It was moved by Councilman Frauenberger, seconded by Councilman Tetens, that
Ordinance No. 387-1 be passed and approved on the second and final reading. Said
Ordinance No. 387-1 reads in caption as follows:
ORDINANCE NO. 387-1
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR
VEHICLES UNDER THE PROVISIONS OF ARTICLE 7601d, VERNON'S TEXAS
CIVIL STATUTES, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC
INVESTIGATION, UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THERE-
OF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, ON SCHOOL
DAYS, WITHIN DESIGNATED TIMES; PROVIDING A PENALTY FOR VIOLATION;
PROVIDING FOR THE ERECTION OF SIGNS; HAVING A SAVINGS CLAUSE; HAV-
ING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION,
AND AN EFFECTIVE DATE.
Voting "Aye" -.Councilman Lentz, Councilman Tetens, Councilman Bost, Councilman
Frauenberger, and Councilman Gray.
Voting "No" - None.
Motion passed 5 to 0.
ORDINANCE NO. 504, AN ORDINANCE REGARDING ACTIONS OF CITY OFFICERS, AGENTS AND
EMPLOYEES RESPONDING TO EMERGENCY SITUATIONS.
Ordinance No. 504 read in caption by Councilman Bost. (Second Reading)
It was moved by Councilman Bost, seconded by Councilman Lentz, that Ordinance No. 504
be passed and approved on the second and final reading. Said Ordinance No. 504 reads
in caption as follows:
ORDINANCE NO. 504
AN ORDINANCE ENACTING SECTION 2-4 OF THE CODE OF ORDINANCES OF
THE CITY OF PEARLAND, TEXAS, REGARDING ACTIONS OF CITY OFFI-
CERS, AGENTS AND EMPLOYEES RESPONDING TO EMERGENCY SITUATIONS;
HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING
FOR CODIFICATION, PUBLICATION AND EFFECTIVE DATE.
168
Voting "Aye" - Councilman Gray, Councilman Frauenberger, Councilman Bost, Councilman
Tetens, and Councilman Lentz.
Voting "No" - None.
Motion passed 5 to 0.
ORDINANCE NO. 505, AN ORDINANCE ESTABLISHING SPEED LIMITS DURING CONSTRUCTION ON A
PORTION OF FM 518 WITHIN THE CITY OF PEARTAND
Ordinance No. 505 read in caption by Councilman Tetens. (Second Reading)
It was moved by Councilman Tetens, seconded by Councilman Gray, that Ordinance No.
505 be passed and approved on the second and final reading. Said Ordinance No. 505
reads in caption as follows:
ORDINANCE NO. 505
AN ORDINANCE ESTABLISHING SPEED LIMITS DURING CONSTRUCTION
ON A PORTION OF FM 518 WITHIN THE CITY OF PEARLAND, TEXAS;
PROVIDING FOR SIGNS, PROVIDING A PENALTY FOR VIOLATION;
HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVID-
ING FOR PUBLICATION; PROVIDING FOR AN EFFECTIVE DATE AND
CANCELLATION THEREOF.
Voting "Aye" - Councilman Lentz, Councilman Tetens, Councilman Bost, Councilman
Frauenberger, and Councilman Gray.
Voting "No" - None. ,
Motion passed 5 to 0.
NEW BUSINESS
EXCUSED ABSENCE FOR COUNCILMAN FRAUENBERGER FROM REGULAR MEETING OF NOVEMBER 12, 1985
It was moved by Councilman Bost, seconded by Councilman Tetens, that the absence of -
Councilman Dennis Frauenberger from the regular meeting of November 12, 1985 be ex-
cused.
Motion passed 4 to 0. Councilman Frauenberger abstained.
APPROVAL OF THE FOLLOWING INVOICES
(a) & (e) It was moved by Councilman Lentz, seconded by Councilman Bost, that
Invoice No. 4422, Langford Engineering, Inc. for Engineering Services
concerning the Expansion of Barry Rose and Longwood Wastewater
Treatment Facilities and Twin Creek Woods Lift Station, in the amount
of $4,872.50 and the Application for Payment No. 2, G. R. Grier, Inc.,
for Expansion of Barry Rose and Longwood Wastewater Treatment Facili-
ties and Twin Creek Woods Lift Station Project, in the amount of
$151,175.00 be passed and approved and payment be made out of the
appropriate funds.
Motion passed 5 to 0.
(b) & (c) It was moved by Councilman Lentz, seconded by Councilman Tetens, that
Invoice dated November 18, 1985, Christopher Di Stefano & Associates,
Inc., for Architect's Supervision Fee on Construction of Public Safety
Building, in the amount of $1,979.66, and the Contractor's Application
for Payment No. 4, LEBCO Constructors, Inc., for Construction of
Public Safety Building, in the amount of $141,404.00 be passed and
approved and payment be made out of the appropriate funds.
Motion passed 5 to 0.
(d) It was moved by Councilman Lentz, seconded by Councilman Bost, that
Change Order No. One, LEBCO Constructors, Inc., for Construction of
Public Safety Building, in the amount of $3,029.00 be approved and the
Mayor be authorized to sign the Change Order.
City Manager Ron Wicker explained that there were two items involved
in the Change Order; one being the rearranging of the access drive
from Walnut Street to save about 10 trees and the other being revision
to storm sewer near Pearland Sites Road because of a water line in the
way.
Motion passed 5 to 0.
(f) It was moved by Councilman Lentz, seconded by Councilman Bost, that
Estimate No. 1, G & C Utilities, Inc., for Drainage Improvements in
Sherwood I & II, Westminister, and Nottingham Subdivisions, in the
amount of $58,626.08 be passed and approved and payment made from the
appropriate funds.
Motion passed 5 to 0.
(g) It was moved by Councilman Lentz, seconded by Councilman Frauenberger,
that Estimate No. 4, Ike Hall, Inc., for 1985 Street Rehabilitation
Program in the amount of $10,840.09 be passed and approved and payment
be made from the appropriate funds.
City Manager Wicker pointed out that part of this amount is for paving
the remainder of the parking lot at the City Service Center which is a
big improvement.
Motion passed 5 to 0.
OTHER BUSINESS:. None
1 L#1iK X9
The meeting adjourned at 7:48 P. M.
Minutes approved as submitted and/or corrected this day o ,
A. D., 1985.
Mayor
ATTEST:
City Se#retary