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1997-01-13 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF .0% PEARLAND, TEXAS, HELD ON JANUARY 13, 1997, AT 7:30 P. M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Tom Reid Mayor Pro Tem/Councilmember Jerry Richardson Councilmember Helen Beckman Councilmember Richard Tetens Councilmember Larry Wilkins Councilmember Kevin Cole City Manager Paul Grohman City Attorney Amy McCullough City Secretary Yolanda C. Benitez Others in attendance: Assistant City Manager Richard Burdine; City Engineer John Hargrove; Police Chief Mike Hogg; Director of Administrative Services Mary Hickling; Grants Director Janet Berry; Finance Director David Castillo; and Project Coordinator Alan Mueller. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Cole and the Pledge of Allegiance was led by City Attorney Amy McCullough. APPROVAL OF MINUTES Councilmember Tetens moved that the minutes of the Regular Meeting held on December 17, 1996, 6:00 p.m., be approved as presented. The motion was seconded by Councilmember Richardson. Motion passed 5 to 0. Councilmember Tetens moved that the minutes of the Regular Meeting held on December 20, 1996, 6:00 p.m., be approved as presented. The motion was seconded '` by Councilmember Richardson. r- Motion passed 5 to 0. .11 MAYOR'S ACTIVITY REPORT Mayor Reid bypassed the Mayor's Activity Report, but he stated he would be making some presentations at this time. Mayor Reid and Councilmember Helen Beckman presented a proclamation in recognition of "Children's Advocacy Month" to Steve Friedman. Mr. Friedman stated that "Children's Advocacy Day" will take place on January 29 and announced that there will be a caravan to the State Capitol on that day. He invited the public to join them. Mayor Reid announced that the PEDC had received the 1996 Annual Economic Development Achievement Award in recognition of their efforts in the area of development agencies incentives programs. He stated that the State of New York was the only entity who had beat the City of Pearland. City Manager Grohman stated that the PEDC had deservedly received quite a bit of notoriety both on a local and national level for their efforts. He pointed out that he expects this type of recognition to continue for the entire city. CITY MANAGER'S REPORT City Manager Grohman introduced Alan Mueller, Project Coordinator and David Castillo, Finance Director, and noted that they began their employment with the City of Pearland today. City Manager Grohman introduced David Beckman of the Vision 20/20 Communications Subcommittee who gave a presentation on the work that they have performed over the past few months. Mr. Grohman introduced other members of the Subcommittee who were in attendance: Steve Friedman, John Knight, Barbara Knight, Ralph Payne, Mary Starr, and Gaylynn Neiser, along with staffmember Janet Berry. David Beckman provided the Mayor and Council with an update concerning the proposed government television channel, which they have named "City View 40". He pointed out the different locations where the TV monitors will be located. Mr. Beckman reported that Southwestern Bell Telephone Company has authorized up to $3,000 for the group to purchase television sets and/or the cabinets to place them in. He stated that the person/volunteer who will begin the process of making the video announcements and tapes is Barbara Knight. A set of guidelines have been drafted for the program which are being reviewed at this time. A proposal will be forthcoming for the establishment of a permanent board of directors for the program. Mr. Beckman provided information with regard to the technical aspects of the project. He noted a resolution will be presented at the regular Council meeting on January 27th with regard to funding requests for equipment and implementation of the program. 21 The Mayor and Council expressed their appreciation to David Beckman and the entire committee for their work on this project. Mayor Reid asked Alan Mueller and David Castillo to approach the dais in order for all of the members of the Council to formally welcome them to the City of Pearland. CITIZENS: Citizens Dale Campbell and Ben Best who had previously signed up to address the Council were not in attendance. Mike Watson - 2104 Roland Rd, Pearland, Tx. Mr. Watson appeared before Council to commend the actions of Officer Rene Alvarado during an incident which occurred at First Community Bank on December 14, 1996. Officer Alvarado was instrumental in apprehending not only the two men who entered the bank, but two others who were waiting for them outside the bank. All four of the men were wanted on felony warrants. Mr. Watson urged the Council to present Officer Alvarado with whatever award was deemed necessary on behalf of his family and the entire community. DOCKETED PUBLIC HEARING: None UNFINISHED BUSINESS: None NEW BUSINESS: Mayor Reid asked Councilmember Cole to read the following two ordinances into the record so that they could be acted on together since they were both "Stop Sign" ordinances. FIRST AND ONLY READING OF ORDINANCE NO. 766 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING STOP SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON CENTENNIAL BOULEVARD IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH BROADWAY STREET (F.M. 518), UPON CENTENNIAL BOULEVARD IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH JOHN LIZER ROAD, UPON CENTENNIAL BOULEVARD IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH JOHN LIZER ROAD, UPON JOHN LIZER ROAD IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH CENTENNIAL BOULEVARD, UPON JOHN LIZER ROAD IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH CENTENNIAL BOULEVARD, UPON CENTENNIAL BOULEVARD IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH OILER DRIVE, UPON OILER DRIVE IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH CENTENNIAL BOULEVARD; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A �, SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH STOP SIGNS AT r 25 INTERSECTIONS INURES TO THE BENEFIT OF THE TRAVELLING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. FIRST AND ONLY READING OF ORDINANCE NO. 767 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING STOP SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON OAKWICK DRIVE IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH BARRETTS GLEN DRIVE, UPON SPRING OAK DRIVE IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH MAPLE WOOD DRIVE, UPON ASPLEY DRIVE IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH CASTLE OAKS DRIVE (OAKBROOK ESTATES, SECTION 2); PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH STOP SIGNS AT INTERSECTIONS INURES TO THE BENEFIT OF THE TRAVELLING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Councilmember Cole moved for the adoption of Ordinance No. 766 and Ordinance No. 767 on their first and only readings. The motion was seconded by Councilmember Tetens. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R97-1 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A TAX ABATEMENT AGREEMENT WITH KEMLON PRODUCTS & DEVELOPMENT CO./WHK FAMILY INTERESTS PARTNERSHIP LTD. ("KEMLON") FOR PURPOSES OF ABATING THE INCREASED VALUE OF THE PROPERTY OWNED BY KEMLON ON STATE HIGHWAY 35 WITHIN THE CITY LIMITS OF PEARLAND AT A RATE OF FIFTY PERCENT (50%) ANNUALLY FOR A PERIOD OF SEVEN (7) YEARS BEGINNING JANUARY 1, 1998 AND ENDING DECEMBER 31, 2004; FINDING AND DETERMINING THAT TERMS OF SAID AGREEMENT AND PROPERTY SUBJECT TO THE AGREEMENT MEET THE REQUIREMENTS OF CHAPTER 312 OF THE TAX CODE, V.A.T.S. AS AMENDED, ORDINANCE NO. 743, WHICH ESTABLISHED A REINVESTMENT ZONE, AND THE GUIDELINES AND CRITERIA FOR GOVERNING REINVESTMENT ZONES AND TAX ABATEMENT AGREEMENTS SET FORTH IN RESOLUTION NO. R96-12. Councilmember Wilkins moved for the acceptance of Resolution No. R97-1 Councilmember Richardson seconded the motion. City Manager Grohman stated that this was a resolution that had been brought to the Council previously, subsequently rescinded, and was now being brought forward for approval. He reminded the Council that this resolution had been rescinded at the request of Kemlon, who requested a delay until after the first of the year in order to conform with the County system. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R97-2 - 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 1997 HARRIS COUNTY COMMUNITY DEVELOPMENT AGENCY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR REHABILITATION OF THE CITY'S SEWER SYSTEM AND PRIVATE SERVICE LINES IN TWO SERVICE AREAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL DOCUMENTS ASSOCIATED WITH THE PROJECT; AND ALLOCATING FROM THE CITY'S UTILITY FUND, THE CITY'S COSTS ASSOCIATED WITH THE PROJECT. City Manager Grohman requested that this item be tabled until the next meeting in order to redefine the service area. Councilmember Richardson moved to table Resolution No. R97-2. The motion was seconded by Councilmember Tetens. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" - None. Motion passed 5 to 0 and Resolution No. R97-2 was tabled. FIRST READING OF ORDINANCE NO. 768 - AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE (STROUHAL ANNEXATION). Councilmember Tetens moved for the adoption of Ordinance No. 768 on first reading. The motion was seconded by Councilmember Richardson. City Manager Grohman pointed out that the Strouhal family had requested this annexation, and noted that the area involved is adjacent to an area that was just recently annexed. He recommended approval. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" - None. Motion passed 5 to 0. AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN AGREEMENT WITH WALSH ENGINEERING FOR PURPOSES OF UPDATING THE CITY'S WATER AND SANITARY SEWER IMPACT FEE STUDY FOR AN AMOUNT NOT TO EXCEED $22,000.00, TO BE PAID FROM THE WATER AND SEWER IMPACT FEE FUND. Councilmember Beckman moved to authorize the City Manager or his Designee to enter into an agreement with Walsh Engineering. The motion was seconded by Councilmember Tetens. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" - None. Motion passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-116 - AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED ON TRACT B - 0.249 ACRES OF LAND OUT OF TRACT 6, 0.878 ACRES OF LAND OUT OF A 5.910 ACRE TRACT OUT OF THE WEST'/2 OF LOTS 31 & 32 OF THE ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION OF SECTION 9, H.T.&B.R.R. CO. SURVEY, A-234, BRAZORIA COUNTY, TEXAS (2641 MAX RD. - APPLICATION NO. 102) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF JOE AND FRANCES SORIA, OWNERS; PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE; AND OTHER PROVISIONS RELATED TO THE SUBJECT. Councilmember Cole moved for the adoption of Ordinance No. 509-116 on first reading. The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. ,.� Voting "No" - None. Motion passed 5 to 0. 31 RESOLUTION NO. R97-3 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL DEVELOPMENT AGREEMENT WITH PEARLAND INDEPENDENT SCHOOL DISTRICT TO COOPERATE IN THE CONSTRUCTION OF SCHLEIDER DRIVE. Councilmember Wilkins moved for the acceptance of Resolution No. R97-3. The motion was seconded by Councilmember Richardson. Councilmember Wilkins commended the city staff's working relationship with the Pearland Independent School District staff and board. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" - None. Motion passed 5 to 0. APPOINTMENT OF FIVE (5) MEMBERS TO THE 1997 CHARTER REVIEW COMMISSION. Mayor Reid recommended Tom Poole as a member of the 1997 Charter Review Commission. Councilmember Cole presented the following names for possible appointments: Randy Hufstedler, Eric Wold, and Bob McConnell. Councilmember Wilkins nominated Bobby Stevener as a candidate for the Charter Review Commission. Councilmember Richardson made a motion to appoint Tom Poole, Randy Hufstedler, Eric Wold, Bob McConnell, and Bobby Stevener to the 1997 Charter Review Commission. The motion was seconded by Councilmember Cole. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" - None. Motion passed 5 to 0. Mayor Reid instructed the City Secretary to notify the appointees for confirmation of their acceptance. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY REGARDING PENDING LITIGATION - DISCUSSION OF MEDEARIS AND ATCHESON LAWSUITS AND LEGAL ASSISTANCE FOR SAID LITIGATION. Council recessed to Executive Session at 8:24 p.m. Council returned to Open Session at 9:08 p.m. NEW BUSINESS (CONTINUED): INSTRUCTION TO THE CITY ATTORNEY REGARDING MEDEARIS AND ATCHESON LITIGATION. Councilmember Cole made a motion to authorize the City Attorney to enter into an agreement with the law firm of Abrams, Scott & Bickley to represent the City's legal interest in the Medearis and Atcheson lawsuits. The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" - None Motion passed 5 to 0. ADJOURNMENT Meeting was adjourned at 9:09 p.m. Mites approved as submitted A. D., 1997. ATTEST: a),t� A446t/ �'►4trirA City Secretary (` - and/or corrected this the day of c�D'rn Tom Reid Mayor