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1997-03-31 CITY COUNCIL REGULAR MEETING MINUTES97 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF '— PEARLAND, TEXAS, HELD ON MARCH 31, 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 Jerry Richardson Councilmember Helen Beckman Councilmember Richard Tetens Councilmember Kevin Cole Councilmember Larry Wilkins City Manager Paul Grohman City Attorney Amy McCullough Interim City Secretary Wendy Standorf Others in attendance: Assistant City Manager Richard Burdine; Director of Administrative Services Mary Hickling; Economic Development Director Glen Erwin; Police Chief Mike Hogg; Emergency Management Director David Smith; Project Coordinator Alan Mueller; Finance Director David Castillo; Benefits Specialist Young Lorfing; and Emergency Management Secretary Becki Bonner. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Richardson and the Pledge of Allegiance was led by David Smith. APPROVAL OF MINUTES Councilmember Tetens made the motion, seconded by Councilmember Cole, to approve the minutes of the Joint Public Hearing held March 3, 1997, 7:00 p.m., as presented. Voting "Aye" Councilmembers Beckman, Tetens, Cole. Voting "No" None Councilmembers Wilkins and Richardson abstained as they were absent from that meeting. Motion passed 3 to 0. Councilmember Tetens made the motion, seconded by Councilmember Cole, to approve the minutes of the Special Meeting held March 3, 1997, 7:30 p.m., as presented. Voting "Aye" Councilmembers Beckman, Tetens, Cole. Dirs Voting "No" None Councilmembers Wilkins and Richardson abstained as they were absent from that meeting. Motion passed 3 to 0. Councilmember Tetens made the motion, seconded by Councilmember Cole, to approve the minutes of the Regular Council Meeting held March 3, 1997, 8:00 p.m., as presented. Voting "Aye" Councilmembers Beckman, Tetens, Cole. Voting "No" None Councilmembers Wilkins and Richardson abstained as they were absent from that meeting. Motion passed 3 to.0. Councilmember Tetens made the motion, seconded by Councilmember Cole, to approve the minutes of the Joint Public Hearing held March 10, 1997, 7:00 p.m., as presented. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins and Cole. Voting "No" None Councilmember Richardson abstained as he was absent from that meeting. Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT Mayor Reid and City Manager Grohman presented a proclamation to Clean Pearland (Helen Beckman, James Birdsong, Stella Roberts, Delores Fenwick and Francis Denton) proclaiming April, 1997 as Keep America Beautiful Month. Mary Hickling introduced Daisy Palmer, our TML representative who presented Council a member equity check in the amount of $22,045. Mayor Reid continued with his report, stating that on March 4 he visited the Missouri City and Lake Jackson libraries; on March 12 he attended the HGAC/Tx DOT Meeting; on March 13 the Clean Pearland/TNRCC Luncheon at Moody Gardens in Galveston; on March 14 the HGAC Annual Meeting; on March 15 the ABWA Annual Meeting; on March 17 the PEDC Public Hearing; on March 19 lunch with Dr. Brown with TML Risk Pool and the Bus Trip Review Meeting; on March 20 The Gulf Coast Water Authority Board Meeting; on March 22 the Little League Parade and the Eagle Scout Court of Honor; and on March 23-25 Brazoria County Days in Austin. COUNCIL ACTIVITY REPORTS Councilmember Beckman reported that on March 4 she visited the Missouri City and Lake Jackson libraries; she attended a few sign committee meetings and the United Way Annual Awards Banquet; on March 17 the Clean Pearland Board Meeting, and the Citizen Police Academy Alumni Meeting; on March 19 the Adult Reading Center Board Meeting, and an Old Townsite Meeting, she announced that on April 22, 23, & 24 the Adult Reading Center would be holding a book sale at the former High School; on March 22 she assisted with the traffic control at the Little League Parade; and on March 24 and 25, she attended Brazoria County Days in Austin. Councilmember Tetens reported that he attended the HGAC Banquet on March 14; on March 19 he attended the Brazoria County Cities Association Meeting, and Brazoria County Days in Austin on March 24 & 25. Councilmember Richardson had nothing to report. Councilmember Wilkins reported that he had attended the Lion's Club Board Meeting, a Sign Committee Meeting, the Chamber of Commerce Luncheon at Green Tee, and the Chamber of Commerce Leadership Meeting. Councilmember Cole reported that on March 8 he attended the Town Hall Meeting with Dennis Bonnen; on March 10 he attended workshops; on March 19 the Chamber of Commerce Luncheon at Green Tee; on March 20 the Leadership Council Meeting; on March 22, 23, 24, and 25 Brazoria County Days in Austin. He also recognized the Pearland Girl's Soccer Team for making the play-offs for the first time. CITY MANAGER'S REPORT City Manager Grohman reported that Phase I of Centennial Blvd. is open and that lanes 3 and 4 will probably be open in 10-15 days; Southwest Environmental Center is under excavation; Tx DOT, HGAC and the Railroad are looking at solutions and assistance for transportation problems at Beltway 8; we may get partial funding. Emergency Management Director David Smith introduced Glen Landry, President of the North Emergency Planning Committee who gave a brief presentation regarding emergency management. They are requesting support in the following areas: Education of Hazardous Materials; Emergency Response - Manuals for dispatchers; Mutual Aide; and Identifying businesses with hazardous waste. CITIZENS: None. 100 DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: SECOND AND FINAL READING OF ORDINANCE NO. 509-122, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509 OF 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 5.015 ACRES OF LAND IN THE W.D.C. HALL SURVEY, A-23, HARRIS COUNTY, TEXAS, AND BEING OUT OF A 38.360 ACRE TRACT OF LAND CONVEYED TO AYRSHIRE CORPORATION BY DEED FILED UNDER HARRIS COUNTY CLERK FILE NO. K- 436255 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF HARRIS COUNTY (APPLICATION NO. 111) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO MULTI -FAMILY DWELLING DISTRICT -PLANNED UNIT DEVELOPMENT (MF -PUD) AT THE REQUEST OF SHERRY L. APPLEWHITE, AGENT, FOR AYRSHIRE CORPORATION, OWNER; PROVIDING FOR AN AMENDMENT OF THE LAND USE MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Councilmember Beckman made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-122 on its second and final reading. Voting "Aye" Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" None. Motion passed 5 to 0. NEW BUSINESS: EXCUSE THE ABSENCE OF COUNCILMEMBERS LARRY WILKINS AND JERRY RICHARDSON FROM THE JOINT PUBLIC HEARING, SPECIAL MEETING AND REGULAR CITY COUNCIL MEETINGS OF MARCH 3, 1997. Councilmember Tetens made the motion, seconded by Councilmember Beckman to excuse the absence of Councilmembers Wilkins and Richardson from the Joint Public Hearing, Special Meeting, and Regular City Council Meetings of March 3, 1997. Voting "Aye" Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" None. Motion passed 5 to 0. 105 FIRST READING OF ORDINANCE NO. 509-123, AN ORDINANCE OF THE CITY COUNCIL 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 6.312 ACRES OF LAND SITUATED IN THE NORTHEAST 1/4 (NE 1/4) OF SECTION 17, H.T. & B. R.R. CO. SURVEY, ABSTRACT 242, BRAZORIA COUNTY, TEXAS, 7408 BROADWAY ST. (APPLICATION NO. 110) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF FRED AND SHARON HERNANDEZ, AGENTS FOR JOSE C. RODRIGUEZ, OWNER; 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 Richardson made the motion, seconded by Councilmember Wilkins to approve Ordinance No. 509-123 on its first reading. Mayor Reid read the recommendation from the Planning and Zoning Commission into the record. Voting "Aye" Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" None. Motion passed 5 to 0. RESOLUTION NO. R97-22, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING EACH UNOPPOSED CANDIDATE ELECTED TO OFFICE; ORDERING THE MAY 3, 1997 ELECTION TO BE CANCELLED; ORDERING POSTING OF THIS RESOLUTION AT CITY HALL AND EACH POLLING PLACE ON ELECTION DAY; AND MAKING OTHER PROVISIONS RELATED THERETO. Councilmember Wilkins made the motion, seconded by Councilmember Richardson to approve Resolution No. R97-22. City Attorney Amy McCullough advised Council that State law now allows elections not to be held if all candidates run unopposed, and declaring them the elected. Voting "Aye" Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" None. Motion passed 5 to 0. City Attorney McCullough informed Council that Ordinance No. 783 and Ordinance 107 No. 509-124 could be acted upon together as they are dealing with the same piece of property. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 783, AN ORDINANCE EXTENDING THE CITY LIMITS 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. FIRST READING OF ORDINANCE NO. 509-124, AN ORDINANCE OF THE CITY COUNCIL 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 10.3945 ACRES, BEING THE NORTHERLY PORTION OF PROPOSED ALBERTSON'S-PEARLAND SUBDIVISION OF SECTION 9, H.T. B. R.R. SURVEY, ABSTRACT 234. (APPLICATION NO. 199) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF TOM DECICCO, AGENT FOR ALBERTSON'S INC. & PEARLAND PLAZA PARTNERS, OWNER; 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 Kevin Cole made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 783 and Ordinance No. 509-124 of their first reading. Mayor Reid read the recommendation from the Planning and Zoning Commission regarding Application No. 199. Voting "Aye" Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" None. Motion passed 5 to 0. Mayor Reid moved to agenda item numbers 14 and 15. City Attorney McCullough advised Council that these items could be acted upon together. RESOLUTION NO. R97-17 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING A PROCUREMENT POLICY THAT FAVORS RECYCLED PRODUCTS. l09 RESOLUTION NO. R97-18 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, COMMITTING TO THE GOALS OF THE CLEAN CITIES 2000 PROGRAM OF THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION. Councilmember Beckman made the motion, seconded by Councilmember Richardson to approve Resolution No. R97-17 and Resolution No. R97-18. Delores Fenwick informed Council that these Resolutions are needed in order to turn in our application for Clean Cities 2000. She further stated that the annual report that is turned into TNRCC and the budgeted funds would be the responsibility of Clean Pearland. Voting "Aye" Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" None. Motion passed 5 to 0. RESOLUTION NO. R97-16, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AND APPROVING AN AMENDED PARTICIPATION AGREEMENT WITH TEXPOOL, FOR PURPOSES OF AMENDING THE LIST OF THE CITY'S AUTHORIZED REPRESENTATIVES. Councilmember Tetens made the motion, seconded by Councilmember Richardson to approve Resolution No. R97-16. Voting "Aye" Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" None. Motion passed 5 to 0. ORDINANCE NO.780 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RECOGNIZING OILER DRIVE AS BEING LOCATED WITHIN THE CITY FROM MAIN STREET TO CENTENNIAL BOULEVARD AND RECOGNIZING CENTENNIAL BOULEVARD AS BEING LOCATED WITHIN THE CITY FROM OILER DRIVE TO BROADWAY; AND ESTABLISHING A TEMPORARY SPEED LIMIT ON SAID SECTIONS OF OILER DRIVE AND CENTENNIAL BOULEVARD AT 30 MILES PER HOUR DURING THE CONSTRUCTION PHASE; AND ESTABLISHING A PERMANENT SPEED LIMIT ON SAID SECTIONS OF OILER DRIVE AND CENTENNIAL BOULEVARD AT 35 MILES PER HOUR UPON COMPLETION OF CONSTRUCTION; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED FOR SPEED LIMIT SIGNS IN THIS AREA INURES TO THE BENEFIT OF THE TRAVELLING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Councilmember Richardson made the motion, seconded by Councilmember Tetens to approve Ordinance No. 780 on its first and only reading. City Manager Grohman informed Council that there needs to be a set speed limit on this road and recommends approval. Voting "Aye" Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" None. Motion passed 5 to 0. AWARD OF BID NO. B97-4 FOR COLD WATER METERS. Councilmember Richardson made the motion, seconded by Councilmember Cole to award Bid No. B97-4 for Cold Water Meters. Assistant City Manager Richard Burdine informed Council that we only received one bid from a supplier that we have done business with and that the price is less than what we've been paying. We will have to pay for half of the meters up front, and the balance throughout the year. This is necessary for us to change out some of the meters that are very old and not properly recording water usage. Councilmember Richardson amended his motion, and Councilmember Cole amended his second to include awarding the bid to Industrial International in the amount of $70,085.00. Voting "Aye" Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" None. Motion passed 5 to 0. RESOLUTION NO. R97-19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN AGREEMENT WITH WALSH ENGINEERING, INC. FOR ENGINEERING AND SURVEYING SERVICES FOR A SANITARY SEWER IMPROVEMENT PROJECT, INCLUDING PREPARATION OF PLANS AND SPECIFICATIONS FOR A LIFT STATION AND A FORCE MAIN. Councilmember Wilkins made the motion, seconded by Councilmember Beckman to approve Resolution No. R97-19. Assistant City Manager Burdine informed Council that this would be an impact fee project for a lift station, force main and gravity line to service an area south of John Lizer Road in the vicinity of Centennial Blvd. Voting "Aye" Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" None. Motion passed 5 to 0. City Attorney McCullough informed Council that Ordinance No. 778 and Ordinance No. 779 could be acted upon together. ORDINANCE NO. 778 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RECOGNIZING COUNTY ROAD 414 AS BEING LOCATED WITHIN THE CITY FROM MAIN STREET TO THE WESTERN CITY LIMIT LINE; RENAMING SAID SECTION OF COUNTY ROAD 414 AS COLLINS ROAD; AND ESTABLISHING A SPEED LIMIT ON SAID SECTION OF COLLINS ROAD AT 30 MILES PER HOUR; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY13ECAUSE THE NEED FOR SPEED LIMIT SIGNS IN THIS AREA INURES TO THE BENEFIT OF THE TRAVELLING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. ORDINANCE NO. 779 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RECOGNIZING COUNTY ROAD 414 AS BEING LOCATED WITHIN THE CITY FROM MAIN STREET TO THE EASTERN CITY LIMIT LINE; RENAMING SAID SECTION OF COUNTY ROAD 414 AS DURSO ROAD; AND ESTABLISHING A SPEED LIMIT ON SAID SECTION OF DURSO ROAD AT 30 MILES PER HOUR; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION AND AN EFFECTIVE DATE; AND DECLARING AND EMERGENCY BECAUSE THE NEED FOR SPEED LIMIT SIGNS IN THIS AREA INURES TO THE BENEFIT OF THE TRAVELLING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Councilmember Cole made the motion, seconded by Councilmember Richardson to approve Ordinance No. 778 and Ordinance No. 779 on their first and only reading. City Manager Grohman informed Council that these areas had been annexed in 1996; we are simply re -naming the County Roads and he recommends approval. Voting "Aye" Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" None. 1.15 Motion passed 5 to 0. RESOLUTION NO. R97-20 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH HARRIS COUNTY FOR USE OF HARRIS COUNTY'S 800 MEGAHERTZ PUBLIC RADIO SYSTEM. Councilmember Beckman made the motion, seconded by Councilmember Wilkins to approve Resolution No. R97-20. Police Chief Mike Hogg addressed Council reminding them that at the Council retreat 800 trunking was discussed and staff has researched several avenues. The FCC will be narrowing current bands some where near the year 2000 which will force us into 800 trunking. Harris County has all of the frequencies for this area and will have have to sign an interlocal agreement with them in order to reserve five channels. We are not happy with the content of the interlocal agreement, however, we don't have a choice. This interlocal agreement would lock us in for the five channels that will be needed. At this point we would not be spending any money. He further stated that we would maintain our current system as a back-up until it can no longer be utilized. Voting "Aye" Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" None. Motion passed 5 to 0. ORDINANCE NO. 784 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF A PRIVATE PERIMETER FENCE INTO A DEDICATED ROAD RIGHT- OF -WAY ALONG THE NORTHERN BORDER OF WEST OAKS VILLAGE, SECTION I -A, IN THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS. Councilmember Tetens made the motion, seconded by Councilmember Richardson to approve Ordinance No. 784 on its first reading. Voting "Aye" Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" None. Motion passed 5 to 0. RESOLUTION NO. R97-21 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING CITY OF PEARLAND RESOLUTION NO. R89-41 ADOPTED ON DECEMBER 11, 1989, PERTAINING TO THE TAXING OF CERTAIN PERSONAL PROPERTY TEMPORARILY IN THE STATE THAT WOULD OTHERWISE BE EXEMPT FROM AD VALOREM TAXATION. Councilmember Wilkins made the motion, seconded by Councilmember Richardson to approve Resolution No. R97-21. City Manager Grohman informed Council that this was for the Freeport Tax Exemption and recommends approval. City Attorney McCullough advised Council that once action is taken, it cannot be reversed. Voting "Aye" Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" None. Motion passed 5 to 0. City Attorney McCullough advised Council that Ordinance No. 782 and Ordinance No. 785 could be acted upon together. ORDINANCE NO. 782 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED APRIL 1, 1997, BETWEEN THE STATE OF TEXAS AND THE CITY OF PEARLAND, FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION AND MAINTENANCE OF HIGHWAY TRAFFIC SIGNALS/LIGHTING AT STATE HIGHWAY 35 AND OILER DRIVE IN THE CITY OF PEARLAND; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; PROVIDING A SAVINGS CLAUSE, A REPEALER CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY AS THE NEED FOR CERTAIN HIGHWAY TRAFFIC SIGNALS/LIGHTING INURES TO THE BENEFIT OF THE TRAVELLING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. ORDINANCE NO. 785 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING A NO -PASSING ZONE PURSUANT TO SECTION 545.055 OF THE TRANSPORTATION CODE, UPON COUNTRY CLUB DRIVE BETWEEN GREEN TEE DRIVE AND GOLFCREST DRIVE, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, AS SET OUT IN THIS ORDINANCE; 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 A NO - PASSING ZONE INURES TO THE BENEFIT OF THE TRAVELLING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Councilmember Wilkins made the motion, seconded by Councilmember Richardson to approve Ordinance No. 782 and Ordinance No. 785 on their first and only reading. Voting "Aye" Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" None. Motion passed 5 to 0. OTHER BUSINESS: EXECUTIVE SESSION Council adjourned into executive session at 9:31 p.m. SECTION 551.074 PERSONNEL MATTERS: CONDUCT INTERVIEW OF APPLICANTS FOR APPOINTMENT TO THE PEARLAND ECONOMIC DEVELOPMENT BOARD. NEW BUSINESS (CONTINUED): Council returned from executive session at 10:09 p.m. APPOINTMENT OF MEMBER(S) TO THE PEARLAND ECONOMIC DEVELOPMENT BOARD. Councilmember Cole made the motion, seconded by Councilmember Richardson to authorize staff to advertise for applicants for the PEDC Board vacancies and facilitate application process for review by City Council in preparation of interviews of potential applicants. ADJOURNMENT Meeting was adjourned at 10:10 p.m. Mi t s proved as submitted and/or corrected this the l day of A.D., 1997. Tom Reid Mayor ATTEST: I &Lffukd Wendy St orf Interim Ci Secretary 0