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1992-08-24 CITY COUNCIL REGULAR MEETING MINUTESIII MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, HELD ON AUGUST 24, 1992, 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 C. V. Coppinger Mayor Pro Tem/Councilmember Randy Weber Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary D. A. Miller Benny Frank Joy Colson David Smith Paul Grohman Lester Rorick Pat Jones Also present were Division Directors Glen Erwin and Richard Burdine, City Engineer John Hargrove, and Chief of Police Mike Hogg. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was offered by Reverend Casey Jones. The Pledge of Allegiance was led by Councilmember Frank. APPROVAL OF MINUTES It was moved by Councilmember Frank, seconded by Councilmember Miller, that the minutes of the meeting of August 10, 1992, be approved as presented. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger, with the assistance of Councilmember Colson, present- ed a proclamation to the Rosette Chapter of the American Business Women's Association. "Literacy Month" was also proclaimed by Mayor Coppinger and several representatives from the Adult Reading Center were present to accept this proclamation. Mayor Coppinger issued a proclamation in support of the Muscular Dystrophy telethon to be held over the Labor Day weekend. Representa- tives from Friendswood were present to accept the proclamation and invite the City of Pearland to join with them in this annual fundrais- er. Mayor Coppinger, referring to Hurricane Andrew presently in the Gulf of,Mexico, asked Emergency Management Coordinator David Smith to give an update on the City's readiness. Mr. Smith reported that meetings have been held with key personnel and the City's equipment has been checked. We hope the storm goes elsewhere, Mr. Smith stated, but the City is prepared. Mayor Coppinger reported officer Matt Zepeda had recently received a State award. Police Chief Mike Hogg commended Officer Zepeda for receiving the Outstanding Crime Prevention Specialist Municipal Agency Award. Cities such as Houston, Dallas, and San Antonio were in this competition, so this was truly an honor for Mr. Zepeda and the City of Pearland, Chief Hogg informed. At the request of Mayor Coppinger, Chief Hogg continued to speak and discussed Item No. 6 on the agenda which would allow our City to enter into a mutual aid agreement with the Cities of Friendswood, Alvin, and 112 League City. The cities in this combined agency response team concept will concentrate on the use of special weapons and tactics methods. Response time to these type of situations is critical and Chief Hogg asked Council to support this item on the agenda. The 100 Club has donated $10,630.00 to this program and there are no hidden out of pocket expenses, Mr. Hogg stated. Mayor Coppinger related he had presented City Manager Grohman with a list of items needing attention when he first came to the City. Mayor Coppinger commended the City Manager and his Staff for the progress made on these various issues. At Mayor Coppinger's query, City Manag- er Grohman reported that the bids on McLean Park and the 192 Street Improvements will soon be opened. COUNCIL ACTIVITY REPORTS Councilmembers Miller and Frank had nothing to report at this time. Councilmember Weber reported his attendance at the TriTech Regional Council meeting where the space industry was discussed. Councilmember Colson had nothing to report at this time. Councilmember Smith reported he also attended the TriTech meeting. Mr. Smith reported that several departments of the City made a de- tailed study of Cole's Flea Market on Saturday, August 15th and video and written accounts have been filed with the City Manager who will report at a later date on this inspection. On August 19th, Council - member Smith and City Manager Grohman had a meeting with Chuck Wilcox, engineer for Harris County Commissioner El Franco Lee. In closing, Mr. Smith reported he attended an emergency management meeting in Lake Jackson hosted by Dow Chemical. CITY MANAGER REPORT City Manager Grohman reported a variety of infractions were found at Cole's Flea Market. These problems, with the cooperation of Mr. Cole,: will be addressed to make the site safer and the traffic in and aroune_. the area to flow more smoothly. Mr. Grohman related we are currently waiting on the Highway Department for a schematic of the intersection of John Lizer and Highway 35 so it can be determined how much more right-of-way is needed. It is be- lieved that an additional 10 feet will be needed and this, hopefully, can be obtained from the west side of Highway 35, City Manager Grohman informed. City Manager Grohman stated the Police Department and Emergency Medi- cal Service have been extremely busy these last few days responding to a large number of calls. Mr. Grohman informed CPR courses will soon be available for City employees at a cost of approximately $10.00 per employee to cover the cost of materials. Mr. Grohman informed productivity has increased approximately 20% in the Parks and Public Works Departments and this should be visually evident. In closing, City Manager Grohman reported on the meeting with Harris County officials which was held to discuss the extension from Hughes Road. Information is still coming in but this is believed to be an achievable goal which will eliminate much of the traffic problems it, the City. Mykawa Road was also discussed as a main thoroughfare at this meeting. Councilmember Smith asked Council's permission to visit— with the City of Brookside Village to encourage them to join with us in making Mykawa a main artery as it will be an interchange off Belt- way 8 which is presently under construction. Council gave its concur- rence to Councilmember Smith. DOCKETED PUBLIC HEARINGS: None 113 UNFINISHED BUSINESS ORDINANCE NO. 636, GRANTING A FRANCHISE TO MECA CORPORATION FOR THE CONSTRUCTION AND OPERATION OF A CABLE SYSTEM Ordinance No. 636 was read in caption by Councilmember Miller. (Second and final reading) Councilmember Miller noted the following changes in the Ordinance on its second reading to correct two typographical errors and to add a phrase: ,.� On page 6, on the sixth line from the bottom the word 'rand" is changed to "any"; On page 11, the phrase "or by its actions lawfully effects a transfer of ownership of the Cable System" is added to the first paragraph of Section 4.4 Conditions of Sale; On page 14, on the fifth line from the bottom the word "most" is changed to "must". City Manager Grohman advised that these changes were in order. It was moved by Councilmember Miller, seconded by Councilmember Frank, that Ordinance No. 636 be approved, noting these changes, on its second and final reading. Said Ordinance No. 636 reads in caption as follows: ORDINANCE NO. 636 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, GRANTING A FRANCHISE TO THE MECA CORPORATION FOR THE CONSTRUCTION AND OPERATION OF A CABLE SYSTEM. Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson, and Smith. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 637, GRANTING A FRANCHISE TO SOUTHWESTERN BELL TELEPHONE COMPANY FOR THE PURPOSE OF OPERATING A TELECOMMUNICATIONS BUSINESS Ordinance No. 637 was read in caption by Councilmember Weber. (Second and final reading) It was moved by Councilmember Weber, seconded by Councilmember Colson, that Ordinance No. 637 be passed and approved on its second and final reading. Said Ordinance No. 637 reads in caption as follows: ORDINANCE NO. 637 AN ORDINANCE WHEREBY THE CITY OF PEARLAND, TEXAS, AND SOUTHWESTERN BELL TELEPHONE COMPANY AGREE THAT, FOR THE PURPOSE OF OPERATING ITS TELECOMMUNICATIONS BUSINESS, THE TELEPHONE COMPANY SHALL MAINTAIN AND CONSTRUCT ITS POLES, WIRES, ANCHORS, FIBER, CABLES, MANHOLES, CON- DUITS AND OTHER PHYSICAL PLANT AND APPURTENANCES IN, ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER ALL PUBLIC STREETS, AVENUES, HIGHWAYS, ALLEYS, SIDEWALKS, BRIDGES OR PUBLIC PROPERTY IN SAID CITY; PRESCRIBING THE ANNUAL COMPENSATION DUE THE CITY UNDER THIS ORDI- NANCE; PRESCRIBING THE CONDITIONS GOVERNING THE USE OF PUBLIC RIGHTS-OF-WAY AND THE PERFORMANCE OF CERTAIN CONSTRUCTION WORK ON PUBLIC RIGHTS-OF-WAY FOR THE TELEPHONE COMPANY'S TELECOMMUNICATIONS BUSINESS; PRO- VIDING AN INDEMNITY CLAUSE; SPECIFYING GOVERNING LAWS; PROVIDING FOR A RELEASE OF ALL CLAIMS UNDER PRIOR ORDINANCES; PROVIDING FOR FUTURE CONTINGENCIES; PROVID- 114 ING FOR WRITTEN ACCEPTANCE OF THIS ORDINANCE BY THE TELEPHONE COMPANY; AND PROVIDING FOR A TERM AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Smith, Colson, Weber, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. Mayor Coppinger recognized Trish Holland of Southwestern Bell who thanked Council for passing this ordinance. ORDINANCE NO. 638, ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNINC OCTOBER 1, 1992, AND ENDING SEPTEMBER 30, 1993 Ordinance No. 638 was read in caption by Councilmember Frank (Second and final reading). It was moved by Councilmember Frank, seconded by Councilmember Colson, that Ordinance No. 638 be passed and approved on its second and final reading. Citizen Input: Mrs. Frances Jamison, FM 518. Mrs. Jamison questioned where the funding of $700,000 for the Yost Road bridge had been moved to in the budget as it was determined at the last Council meeting that this bridge would not be constructed. Mrs. Jamison also questioned the expense of the Council retreat. Ms. Daphne Hereford, 2904 Yost. Ms. Hereford asked if the monies originally set aside for a bridge over Yost could be used to construct a hike and bike trail along both sides of Yost Road. Ordinance No. 638 reads in caption as follows: ORDINANCE NO. 638 AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1992, AND ENDING SEPTEMBER 30, 1993. Voting "Aye" - Councilmembers Smith, Colson, Weber, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 639, LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNIC- IPAL GOVERNMENT OF THE CITY OF PEARLAND Ordinance No. 639 was read in caption by Councilmember Colson (Second and final reading). It was moved by Councilmember Colson, seconded by Councilmember Smith, that Ordinance No. 639 be passed and approved on its second and final reading. Said Ordinance No. 639 reads in caption as follows: ORDINANCE NO. 639 AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR 1992, AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE. Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson, and Smith. Voting "No" - None. IN Motion passed 5 to 0. NEW BUSINESS AUTHORIZATION FOR CITY MANAGER TO ENTER INTO AGREEMENT FOR CONSULTING AND ENGINEERING SERVICES FOR FM 518 UTILITIES RELOCATION AND DRAINAGE IMPROVEMENTS Division Director Richard Burdine explained this action is necessary so as not to delay the State's bidding of the project to widen FM 518 with a center turning lane from Westminster to Hwy 35. Approximately 6000 feet of water line will have to be installed from Sherwood to a little west of the railroad crossing, Mr. Burdine explained, and this is beyond the capabilities of our City crews and should be contracted. Much of the drainage work is also beyond the capabilities of City employees and the Drainage District. Staff is recommending that agreement be entered into with Walsh Engineering as this firm did the original construction plans for FM 518 and they have an excellent working relationship with the State. Walsh is prepared to work within our time frame to get this project done. It was moved by Councilmember Miller, seconded by Councilmember Frank, that the City Manager be allowed to contract with Walsh Engineering for the appropriate movement/placement/relocation of necessary utili- ties along FM 518 so the State can begin their project. Funding for this endeavor was discussed and City Manager Grohman explained this is an expensive project which had been underestimated but funding from bond sales is available and will cover the costs. Motion passed 5 to 0. ORDINANCE NO. 509-30, AMENDING LAND USE ORDINANCE NO. 509, GRANTING A SPECIFIC USE PERMIT TO CONSTRUCT AN ELEMENTARY SCHOOL IN AN R-1 ZONE AND PROVIDING A PENALTY FOR VIOLATION THEREOF Ordinance No. 509-30 was read in caption by Councilmember Miller (First reading). It was moved by Councilmember Miller, seconded by Councilmember Col- son, that Ordinance No. 509-30 be passed and approved on its first reading. Said Ordinance No. 509-30 reads in caption as follows: ORDINANCE NO. 509-30 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE; PROVIDING FOR THE GRANTING OF A SPECIFIC USE PERMIT TO CONSTRUCT AN ELEMENTARY SCHOOL FACILITY IN AN R-1, RESIDENTIAL, ZONING DISTRICT; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLI- CATION AND AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson, and Smith. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 534-1, PROHIBITING SMOKING IN PUBLIC PLACES, AND PROVID- ING A PENALTY FOR VIOLATION THEREOF Mayor Coppinger informed the School District had recently adopted such a policy and had asked our cooperation in getting this in effect city- wide. Citizen Input: Mr. Michael Claylore, American Cancer Society. Mr. Claylore spoke about the dangers of passive smoke from tobacco products. 116 Reverend Casey Jones, Presbyterian Church. Reverend Jones also spoke about the hazards of second-hand smoke. Ordinance No. 534-1 was read in caption by Councilmember Colson (First reading). It was moved by Councilmember Colson, seconded by Councilmember Miller, that Ordinance No. 534-1 be passed and approved on its first reading. In discussion, Councilmember Miller stated page 2 of the ordinance uses the phrase "smoking prohibited in certain public places" and questioned whether the word "certain" should also be reflected in the caption to be consistent. City Attorney Rorick advised this suggested change would be in order. The definition of a "convenience store" was questioned and City Manag- er Grohman stated he felt the ordinance was on solid ground. Councilmember Colson agreed to the amendment suggested by Councilmem- ber Miller and the motion was amended accordingly. Said Ordinance No. 534-1 reads in caption, as amended, as follows: ORDINANCE NO. 534-1 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF PROHIBITING THE SMOKING OF CIGARETTES, CIGARS, AND OTHER TOBACCO PRODUCTS IN CERTAIN PUBLIC PLACES IN THE CITY OF PEAR - LAND; CALLING FOR THE POSTING OF SIGNS; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICA- TION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson, and Smith. i Voting 'No" - None. i Motion passed 5 to 0. RESOLUTION NO. R92-27, WAIVING THE ENCROACHMENT OF A SWIMMING POOL, LOCATED UPON LOT 11, BLOCK 6 IN GREEN TEE TERRACE SUBDIVISION, SECTION 1, INTO A 16' DEDICATED EASEMENT Resolution No. R92-27 was read in caption by Councilmember Frank. It was moved by Councilmember Frank, seconded by Councilmember Weber, that Resolution No. R92-27 be passed and approved on its first and only reading. Upon question by Council, City Engineer John Hargrove informed the amount of encroachment is 4 feet into a 16 feet easement. Said Resolution No. R92-27 reads in caption as follows: RESOLUTION NO. R92-27 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF A SWIMMING POOL, LOCATED UPON LOT 11, BLOCK 6 IN GREEN TEE TERRACE SUBDIVISION, SECTION 1, INTO A 16' DEDICATED EASEMENT. Voting "Aye" - Councilmembers Miller, Frank, Weber, and Colson. Voting "No" - None. Abstaining - Councilmember Smith. Motion passed 4 to 0, with Councilmember Smith abstaining. 117 RESOLUTION NO. R92-28, ACCEPTING CERTAIN EASEMENT DEED, WHEREIN DAVID SMITH, ET AL, ARE THE GRANTORS AND CITY OF PEARLAND, TEXAS, IS THE GRANTEE City Engineer John Hargrove explained this item on the agenda corre- lates with the one above in which an encroachment of 4 feet into the easement was granted to allow the homeowner to build a swimming pool. This resolution will place an additional easement on the back lot line in case it is ever needed. This back lot tract is in a reserve and this resolution provides for a 10' easement on Lots 10 and 11 on one side and Lot 12 on the other side and will more than sufficiently cover the loss of the 4 feet yielded by the previous resolution should the need for easement occupation occur. Resolution No. R92-28 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Colson, that Resolution No. R92-28 be passed and approved on its first and only reading. Said Resolution No. R92-28 reads in caption as follows: RESOLUTION NO. R92-28 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THAT CERTAIN EASEMENT DEED, WHEREIN DAVID SMITH, ET AL, ARE THE GRANTORS AND CITY OF PEARLAND, TEXAS, IS THE GRANTEE. Voting "Aye" - Councilmembers Colson, Weber, Frank, and Miller. Voting 'No" - None. Abstaining - Councilmember Smith. Motion passed 4 to 0, with Councilmember Smith abstaining. Councilmember Smith stated that he and his partners are donating this easement and that no money is involved but this is a way of helping these individuals to build their swimming pool. AUTHORIZING THE CITY MANAGER TO ENTER INTO A MUTUAL AID LAW ENFORCE- MENT AGREEMENT BY AND AMONG THE CITIES OF FRIENDSWOOD, ALVIN, PEAR - LAND, AND LEAGUE CITY City Manager Grohman informed this was the item Chief Hogg had dis- cussed earlier this evening and Mr. Grohman stated he felt this would be a tremendous asset to the City while allowing us the opportunity to cooperate with our neighboring municipalities. No funds will be expended from the budget and City Manager Grohman recommended approval of this agreement. It was moved by Councilmember Frank, seconded by Councilmember Miller, that the City Manager be authorized to enter into a mutual aid law enforcement agreement with the Cities of Friendswood, Alvin, Pearland, and League City. Motion passed 5 to 0. AUTHORIZATION FOR CITY MANAGER TO REFUND 1991 PERSONAL PROPERTY TAXES, PENALTY, AND INTEREST TO ORIX CREDIT ALLIANCE IN THE AMOUNT OF $10,992.64 Division Director Glen Erwin explained that this requested refund was due to an erroneous assessment that was made by the Appraisal Dis- trict. The property was rendered in both counties and accepted. The 1991 taxes were paid under protest and Mr. Erwin advised that it is felt that this firm should be given a refund. The State Property Tax Code requires Council approval for any amount refunded over $500.00. Division Director Erwin introduced the delinquent tax attorneys present in the audience and noted that Tax Assessor Barbara Lenamon had also worked diligently on this issue. 118 It was moved by Councilmember Colson, seconded by Councilmember Frank, that the City Manager be authorized to refund the 1991 personal property taxes, penalty, and interest to Orix Credit Alliance in the amount of $10,992.64. There ensued a lengthy discussion between Council, Staff, and the tax attorneys regarding the amount of refund, penalty, and interest. The roles of the two Appraisal Districts, Harris and Brazoria, were dis- cussed as well as payment dates. It was discussed whether the 1990 taxes might also have to be refunded and state statutes were consid- ered. Upon call for the question, Council voted as follows: Voting "Aye" - Councilmembers Colson, Frank, and Miller. Voting "No" - Councilmembers Weber and Smith. Motion passed 3 to 2. OTHER BUSINESS: None CITIZENS: None ADJOURNMENT Meeting adjourned at 9:04 P. M. Mi tes approved as submitted and/or corrected this _1 day of I_ , A. D., 1992. ATTEST: Pat Jones, ty Secretary C. V. Copp' r, Mayot