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1998-01-26 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JANUARY 26, 1998 AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3619 LIBERTY DRIVE, PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Helen Beckman Richard Tetens Larry Wilkins Kevin Cole William Berger Paul Grohman Amy McCullough Young Lorfing Others in attendance: Project Coordinator Alan Mueller; Police Chief Mike Hogg; Assistant Police Chief Chris Doyle; City Engineer John Hargrove; Grants Director Janet Berry; Planning and Community Development Director Dennis Smith; Director of Finance David Castillo; Parks & Recreation Director Ed Hersh; Public Works Director Jerry Burns; Emergency Management Director David Smith; Assistant City Attorney Darrin Coker: Emergency Medical Services Administrative Director Keith Bonner; and Advanced Intern Ruby Perez. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Police Chief Mike Hogg and the Pledge of Allegiance was led by Gary Wagner with Boy Scout Troop 464. APPROVAL OF MINUTES Councilmember Tetens made the motion, seconded by Councilmember Wilkins to approve the minutes of the January 5, 1998, Public Hearing held at 6:30 p.m., and the minutes of the January 12, 1998, Regular Council Meeting held at 7:30 p.m. with the correction to the minutes of the January 12, 1998, Regular Council Meeting to reflect that Councilmember Tetens was present. The votes were cast as follows: The minutes of the January 5, 1998, Public Hearing held at 6:30 p.m. Page 1 of 13 - 1/26 Voting "Aye" Councilmembers Cole, Berger, Beckman, and Tetens. Voting "No" None. Voting "Abstain" Councilmember Wilkins. Motion Passed 4 to 0, with 1 abstention. The minutes of the January 12, 1998, Regular Council Meeting held at 7:30 p.m. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins Voting "No" None. Motion Passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid reported that on January 13 he met with GiGi Doan who attends Pearland High School and will be the valedictorian for her class; January 14 he attended the Brazoria County Thoroughfare Planning Committee Meeting, Houston Galveston Area Council Comprehensive Planning Committee Meetings and also met with Alan Clark H.G.A.C. Transportation Manager; January 15 he attended the Chamber Leadership Council Meeting, Gulf Coast Water Authority Board Meeting and attended the Zoning Board of Adjustment Meeting; January 16 he attended the TML Franchise Meeting in Dallas regarding cable and telecommunications; January 17 he judged a chili cook -off at the Fellowship Bible Church; January 20 he attended H.G.A.C. Board of Directors Meeting; January 23 he met with San Jacinto South Campus President, Dr. Loston; January 24 he attended the Adult Reading Center's Annual Meeting and the Pearland Hobby Area Chamber of Commerce Annual Banquet and he reported that David and Mayor Pro -Tem Helen Beckman were presented the Chamber's "Citizens of the Year" Award. The Mayor congratulated the Beckmans and he congratulated City Manager, Paul Grohman, who was awarded the "Chairman" Award; January 25 the Mayor presented a proclamation to St. Helen's Catholic School at the school's opening ceremony; January 26 he attended the Houston Tax Association Luncheon and Meeting where State Comptroller, John Sharp, was the guest speaker. COUNCIL'S ACTIVITY REPORTS: Councilmember Wilkins stated that he attended the Chamber of Commerce Awards Banquet and also congratulated David and Helen Beckman for being selected "Citizens Page 2 of 13 - 1/26 of the Year"; he attended the Volunteer Fire Department's awards banquet and dance; -- he also attended the dedication of St. Helen's Catholic School. Councilmember Wilkins stated that he attends St. Helen's Catholic Church, and everyone has worked very hard for many years to have this school; with time, prayer, and money, they will be able to expand the school at least one grade level per year. He further stated that it was a real honor to have Bishop Fiorenza at the dedication of the school. Councilmember Tetens reported that he also attended a few of the functions. Mayor Pro -Tem Beckman stated that on January 13 she attended the Zoning Board of Adjustments Meeting; January 17 she attended the Winterfest and stated that it was great fun. She also stated that her mother also enjoyed it and got right in the middle of the snow ball fights, and she was a judge at the chili cook -off; January 19 she attended the Keep Pearland Beautiful Board Meeting and the Park Board Meeting; January 21 she attended Brazoria County Cities Association Meeting hosted by Richwood, in the City of Clute, at their Arts and Science Building; January 24 she attended the Adult Reading Center's Annual Meeting and stated that the Center has been here for ten years; she also attended the Volunteer Fire Department's Awards Banquet and also attended the Chamber Banquet. Councilmember Berger stated that on January 16 he attended a meeting with the City Manager and an exciting prospect that is looking to locate their business in Pearland; January 17 he attended a special benefit auction in memory of Jack Hartney a member of his V.F.W. Post. The benefit is for his widow and they raised approximately $6,000; Councilmember Berger stated the he spent the evening at the Volunteer Fire Department's Award Banquet, and was sorry he missed the Chamber's Banquet, and congratulated Helen and Dave Beckman on their award. Councilmember Cole reported that on January 21 he gave a presentation regarding the future growth of Pearland; January 22 he met with the Economic Development Corporation and a prospect who possibly is looking to locate in Pearland; January 24 he attended the Chamber Banquet and also congratulated Helen and Dave Beckman on their award from the Chamber and also congratulated City Manager, Paul Grohman, for his award and his continued support and cooperation with the Chamber. CITY MANAGER'S REPORT: City Manager Paul Grohman, reported that the Winterfest was a big success and it is estimated that there were four to seven thousand in attendance. He further reported that there are water and sewer extension rehabilitations, and projects all over town. The volunteer EMS will have their fund raiser Saturday January 31, the auction will be at 2:00 Page 3 of 13 - 1/26 p.m. at the Dad's Club. Mr. Grohman introduced Keith Bonner Administrative Director for the EMS, and gave an overview of EMS. City Manager, Grohman, stated that he has received crime statistics for 1997 and said that we are to thank our police department, Chief Hogg, the volunteers, and the citizenry of Pearland; everyone has done a really neat job of making our community more safe. He reported that Economic Development Corporation averages at least one inquiry everyday from a major employer inquiring into our city, and further reported other E.D.C. activities. Mr. Grohman reported on several of the projects that Chief Hogg is working on, one significant project, is that he is our liaison with County and is diligently trying to get major county service center here on the west end of town, to go with a police, fire, and EMS sub station. CITIZEN'S: Tom Newman, 2710 Leroy, addressed Council and stated that he is speaking for several people in the area. He asked Council to consider putting in some type of ordinance and restrictions on radio antennas. He further stated that in Hazeldale Estates there are some people who have antennas forty to fifty feet high with thirty to forty foot mast; and they are unsightly and unsafe. He stated that his concern is about the antennas falling and the interference on telephones and television. He also commented that the City Manager and staff have been helpful. He reiterated how unsightly the antennas are and asked Council to consider his request. Dennis B. Tramel, 2707 Leroy, addressed Council and stated that he wanted to reinforce what Mr. Newman had said. He stated that he is a ham operator and he understands antennas and how they work. He further stated that the antennas are an "eye sore" and are bringing down the value of their houses, and they are receiving so much interference because some of the antennas are transmitting antennas. He also asked that Council pass an ordinance to regulate antennas. Councilmember Berger stated that he lives in the same subdivisions and has experienced the same type of interference problems. He further stated that if there is anything that the city can do to regulate antennas he will support it because it does create a nuisance. Shirley Lopez, 18730 Mimosa Lane, stated that her place of business is located at 17625 County Road 143. Ms. Lopez addressed Council and stated that she wants to find out what her restrictions will be under the E.T.J. of Pearland. She further stated that she had banners and finger streamers that have come down. She listed several locations in the city limits that have banners and string lights and she wants to know why they can have them and she is not allowed to. She closed her presentation by discussing her bar -b -q business. Page 4 of 13 - 1/26 UNFINISHED BUSINESS: None. NEW BUSINESS: m COUNCIL ACTION - RATIFICATION OF CITY MANAGER'S APPOINTMENT OF A MEDICAL DIRECTOR FOR THE CITY OF PEARLAND EMERGENCY MEDICAL SERVICES. Councilmember Wilkins made the motion, seconded by Councilmember Tetens to approve and ratify the City Manager's appointment of Dr. Bui to serve as the Medical Director for the City of Pearland Emergency Medical Services City Manager, Paul Grohman stated that the EMS Medical Director, Dr. Love, has resigned, and he is recommending that Dr. Bui serve as the Medical Director. He also stated that David Smith and Keith Bonner with the EMS have worked with Dr. Bui at Southeast Memorial Hospital. Dr. Bui has extensive emergency medical and emergency medical room experience therefore, he recommends his appointment. Emergency Management Director, David Smith, addressed Council and gave a overview of the duties of the Medical Director and also gave a biography on Dr. Bui. Mr. Smith introduced Dr. and Mrs. Bui and stated that he also recommends the appointment of Dr. Bui to serve as Medical Director. Dr. Bui addressed Council and gave and gave a short summary of his education and experience. He also stated that he is currently building a home in Pearland. Dr. Bui thanked Council for the consideration of his appointment. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. RESOLUTION NO. R98-9 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT A PROPOSAL TO THE 1998 HARRIS COUNTY COMMUNITY DEVELOPMENT AGENCY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR REHABILITATION OF THE CITY'S SEWER SYSTEM IN TWO SERVICE AREAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL Page 5 of 13 - 1/26 4 DOCUMENTS ASSOCIATED WITH THE PROJECT; AND ALLOCATING FROM THE CITY'S UTILITY FUND, THE CITY'S COSTS ASSOCIATED WITH THE PROJECT. Councilmember Tetens made the motion, seconded by Councilmember Cole to approve Resolution No. R98-9. Grants Director, Janet Berry gave a presentation to Council regarding the location of the area that is proposed for the rehabilitation. Ms. Berry stated that the area is a newly annexed and does not have city sewer service. The area is classified as low to moderate income based on 1990 Census figures. The amount of the grant that we are asking for is approximately $400,000 with the city matching 15%, or $60,000 to cover engineering cost. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion passed 5 to 0. RESOLUTION NO. R98-10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING PEARLAND INDEPENDENT SCHOOL DISTRICT'S GRANT APPLICATION TO THE HOUSTON-GALVESTON AREA Council OF GOVERNMENTS FOR THE CREATION OF AN ADDITIONAL SCHOOL RESOURCE OFFICER POSITION IN THE PROGRAM PREVIOUSLY IMPLEMENTED AT THE PEARLAND HIGH SCHOOL CAMPUS. Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Tetens to approve Resolution No. R98-10. Grants Director, Janet Berry, addressed Council and stated that the Pearland Independent School District and the City of Pearland implemented the School Resource Officer Program in 1995, and it has been extremely successful. P.I.S.D. has requested for us to partner with them again to apply for a full-time School Resource Officer for the new 9th/10th grade high school. The City's matching funds will be the purchase of a vehicle for the officer. The total grant amount is $43,025 and the match would be approximately $22,795. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Page 6 of 13 - 1/26 Motion passed 5 to 0. RESOLUTION NO. R98-11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING PEARLAND INDEPENDENT SCHOOL DISTRICT'S GRANT APPLICATION TO THE HOUSTON-GALVESTON AREA Council OF GOVERNMENTS FOR CONTINUATION OF THE SCHOOL RESOURCE OFFICER PROGRAMS AT THE PEARLAND JUNIOR AND SENIOR HIGH SCHOOL CAMPUSES. Councilmember Berger made the motion, seconded by Wilkins to approve Resolution No. R98-11. Grants Director, Janet Berry stated that this is a continuation of the School Resource Officers' Program at Pearland High School and Pearland Junior High School East. Ms. Berry stated that this is a five year grant and we are in the third year cycle. The grant will fund 60% and the P.I.S.D. will fund 40%. She further stated that the school district is asking for the city's support in the form of a resolution. Ms. Berry further stated that the city does not have any funds involved with this resolution, it is simply a supporting resolution. Chief Hogg addressed Council and gave an update and discussed the success of the program and having the School Resource Officer. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion passed 5 to 0. RESOLUTION NO. R98-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR AND EXECUTE ALL AGREEMENTS RELATED TO THE 1998 TOBACCO COMPLIANCE GRANT. Councilmember Cole made the motion, seconded by Tetens to approve Resolution No. R98-12. Grants Director, Janet Berry, stated that the Comptroller's Office is offering this grant in light of Senate Bill 55 that was recently passed regarding tobacco use by minors and the sale of tobacco products. The amount of the grant is approximately $3,500 to fund the overtime for two sting operations. Page 7 of 13 - 1/26 Chief Hogg addressed Council and gave an overview of how the sting operation will work. He further stated that the focus is more on the seller of tobacco products than the minors making the purchase of the tobacco products. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. COUNCIL ACTION - AUTHORIZE CITY MANAGER OR HIS DESIGNEE TO EXECUTE INTERLOCAL AGREEMENTS WITH BRAZORIA DRAINAGE DISTRICT NO. 4 AND EXPEND FUNDS NOT TO EXCEED $35,000.00 PER AGREEMENT, AS NEEDED FOR COOPERATIVE PROJECTS. Councilmember Wilkins made the motion, seconded by Councilmember Tetens to authorize the City Manager or his designee to execute Interlocal Agreements with Brazoria Drainage District No. 4 and expend funds not to exceed $35,000 per agreement, as needed for cooperative projects. City Manager, Paul Grohman, stated that the city works a lot of cooperatives with the drainage district and there have been a few opportunities that we have missed because the drainage district is ready to do the project and we did not have time to get approval. The Interlocal agreement will allow them to work with us on an as needed basis. Mr. Grohman asked for the approval because it will give us the opportunity to complete projects that we could not do on our own similar to the P.I.S.D. and City cooperatives. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion passed 5 to 0. COUNCIL ACTION - AWARD OF BID NO. B97-20 FOR SEQUENCING BATCH REACTOR EQUIPMENT FOR THE SOUTHWEST ENVIRONMENTAL CENTER 2.0 MDG WASTEWATER TREATMENT PLANT. Councilmember Tetens made the motion, seconded by Councilmember Cole to award Bid No. B97-20 for Sequencing Batch reactor Equipment for the Southwest Environmental Center 2.0 MDG Wastewater Treatment Plant to U. S. Filter Inc., for the total bid award in the amount of $365,096. Page 8 of 13 - 1/26 City Engineer John Hargrove reviewed the bids received for the Southwest -- Environmental Center 2.0 MDG Wastewater Treatment Plant, and recommended that Bid No. B97-20 be awarded to U.S. Filter Inc., in the amount of $365,096. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. COUNCIL ACTION - AUTHORIZE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT WITH SOUTHWESTERN BELL TELEPHONE FOR AN UPGRADE OF THE POLICE DEPARTMENT TELEPHONE SYSTEM IN AN AMOUNT NOT TO EXCEED $53,000.00. Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Tetens to authorize the City Manager or his designee to execute a contract with Southwestern Bell Telephone for an upgrade of the Police Department telephone system not to exceed $53,000. Assistant Police Chief, Chris Doyle, addressed Council and expressed the need for the updated telephone system. He further explained how this particular system will inter- face with the 911 system making it totally compatible and efficient. He also stated that this system could be integrated into City Hall's telephone system in the future. City Manager, Paul Grohman, stated that due to the special interface with the 911 system this is a sole source supplier and he recommends Council's approval of this project. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion passed 5 to 0. COUNCIL ACTION - APPOINTMENT OF MEMBERS TO THE TAX INCREMENT REINVESTMENT ZONE BOARD. This item was passed to a future agenda. Page 9 of 13 - 1/26 RESOLUTION NO. R98-13 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ENCOURAGING AND SUPPORTING BRAZORIA COUNTY'S FUNDING OF THE GRAND PARKWAY STUDY AND FUTURE CONSTRUCTION OF THE GRAND PARKWAY IN COOPERATION WITH FORT BEND COUNTY, WHICH WILL CONNECT U. S. 59 AND S. H. 288. Councilmember Berger made the motion, seconded by Councilmember Cole to approve Resolution No. R98-13. City Manager, Paul Grohman, stated that this resolution came to us from the Chamber. Mr. Grohman gave an overview of the Grand Parkway, stating the need for this project, and recommends the approval of the resolution. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion passed 5 to 0. RESOLUTION NO. R98-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH VINSON & ELKINS, L.L.P., FOR THE DEVELOPMENT OF FINANCING PLANS AND LEGAL STRUCTURES FOR ECONOMIC DEVELOPMENT PROJECTS. This item was passed to a future agenda. RESOLUTION NO. R98-15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE OPTION AGREEMENTS WITH GULF COAST WATER AUTHORITY AND THE CITY OF HOUSTON FOR THE PURCHASE OF RAW WATER. Councilmember Cole made the motion, seconded by Councilmember Berger to approve Resolution No. R98-15. City Manager, Paul Grohman, gave a presentation regarding the need for alternative sources of water, that would allow us to get off of ground water and help reduce subsidence. He stated that the idea is to preserve the rights to purchase up to million gallons of water a day for future use. If we are able to acquire this it will cost approximately $65,000 a year until we start producing the water. He also discussed the possibility of purchasing water from the City of Houston. City Manager Grohman Page 10 of 13 - 1/26 recommended its approval. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. RESOLUTION NO. R98-1 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH TEXAS MUNICIPAL LEAGUE GROUP BENEFITS RISK POOL, FOR PURPOSES OF PROVIDING CERTAIN BENEFITS AND COVERAGE FOR CITY OFFICIALS, EMPLOYEES, RETIREES, AND DEPENDENTS. Councilmember Wilkins made the motion, seconded by Councilmember Tetens to approve Resolution No. R98-1. City Manager, Paul Grohman, stated that the city has all of its insurance coverage with the Texas Municipal League. The insurance coverage is for property, causality, liability, workers compensation, and also the medical insurance. He stated that T.M.L. asked us to sign this Interlocal agreement. We are cooperating with other cities and being part of the risk pool. Mr. Grohman stated that T.M.L. is similar to a self insurance fund with certain type of stop losses. He stated that since we have all of our coverage with them, he recommends that the Council ratify this agreement. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion passed 5 to 0. RESOLUTION NO. R98-16 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RECOMMENDING A COUNTYWIDE BOND ISSUANCE FOR THE CONSTRUCTION AND IMPROVEMENT OF ROADS THROUGHOUT BRAZORIA COUNTY. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Beckman to approve Resolution No. R98-16. City Manager, Paul Grohman, stated that the county has not passed a bond issue for Page 11 of 13 - 1/26 roads since 1966. Mr. Grohman further stated that the county has a great group of county officers and he appreciates them and their integrity in making sure that the budgets are met. However, it would be nice if they would commit to building some roads in the region, and he recommends the approval of this resolution. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:45 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE. 1. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY REGARDING PENDING LITIGATION - ENGAGEMENT OF OUTSIDE COUNSEL FOR REPRESENTATION IN THE TOM LEONARD MATTER. NEW BUSINESS (CONTINUED) Council returned from Executive Session at 10:00 p.m. Council ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING ENGAGEMENT OF OUTSIDE COUNSEL FOR REPRESENTATION IN THE TOM LEONARD MATTER. Councilmember Berger made the motion, seconded by Councilmember Cole to instruct the City Attorney to engage outside Counsel for representation in the Tom Leonard matter as discussed in executive session. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. Page 12 of 13 - 1/26 ADJOURNMENT Meeting was adjourned at 10:01 p.m. Minutes approved as submitted and/or corrected this the February L A.D., 1998. Tom Reid Mayor Page 13 of 13 - 1/26 9th day of