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1989-04-10 CITY COUNCIL REGULAR MEETING MINUTES192 MINUTES OF A RE MM MEETING OF TELE CITY COIL OF THE CITY OF PEAR UM, TEXAS, HELD ON APRIL 10, 1989, 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 Councilmember/Mayor Pro Tem Stella Roberts Councilmember Councilmember Councilmember Councilmember City Manager City Attorney Assistant City Manager Director of Public Works City Secretary OlUtif- 0' a o- i r O DI James Bost David Smith Richard Tetens William Wolff (entered Chambers at 8:28 P. M.) Ronald J. Wicker Robert Talton Donald Birkner William Thomasset Kay Krouse The invocation was given by Councilmember David Smith. The Pledge of Allegiance was led by Assistant City Manager Donald Birkner. APPROVAL OF MINUTES It was moved by Councilmember Tetens, seconded by Councilmember Smith, that the minutes of the Public Hearing held on March 23, 1989, be approved as presented. Motion passed 3 to 0. Councilmember Bost abstained. It was moved by Councilmember Roberts, seconded by Councilmember Bost, that the Minutes of the Regular Meeting of March 27, 1989, be approved as presented. Motion passed 4 to 0. It was moved by Councilmember Tetens, seconded by Councilmember Smith, that the Minutes of the Public Hearing held on March 30, 1989, be approved as presented. Motion passed 3 to 0. Councilmember Bost abstained. MAYW I S ACTIVITY REPORT Mayor Reid introduced Al Lentz, representative of the City of Pearland and member of the Board of Directors of the Brazos Bend Water Authority. Mr. Lentz informed that the Authority will be conducting their second Public Hearing on April 19, 1989, at 7:00 P. M. at the Manvel Junior High School. At this hearing, they will present the plans on the service areas. Mr. Lentz stated this will be a very important hearing and invited everyone to attend. Mayor Reid proclaimed Saturday, April 15, 1989, as "Second Annual Crawdad Jamboree" in Pearland. Accepting the proclamation were members of the Knights of Columbus Council 8960. Mayor Reid issued a proclamation proclaiming the week of April 10-16, 1989, as "Building Safety Week" in Pearland. Accepting the proclamation were Ernie Buenrostro, Code Enforcement Officer and John Kubasik and Becky Hollister from the Building Inspection Department. Mayor Reid proclaimed the month of April as "Child Abuse Prevention Month". A representative of Brazoria County Youth Services accepted the proclamation. 193) Mayor Reid recognized from the audience students from government classes at San Jacinto College and Alvin Junior College. Councilmember Smith reported the E.M.S. Hand raiser last Friday was quite successful. In addition, Councilmember Smith reported the E.M.S. Department will once again buy an ambulance through H -GAC. This way they will get the best price, well within their budget. They will be ordering the unit this week. Councilmember Roberts reported the week of April 9-15 is National Volunteer Week in honor of all the participants of volunteer programs. Also, Councilmember Roberts reported that this Saturday in Independence Park there will be a "Canine Fun Run", with proceeds going to the Hike and Bike Trail. DEPARTMENTAL REPOIRTS City Manager Ron Wicker reported the water tank project in Green Tee Subdivision was proceeding very well and the tank has now been assembled. City Manager Wicker also reported he had received a letter of resignation from Assistant City Manager Don Birkner. Mr. Wicker stated Don has done an outstanding job for the City since coming on board nearly two years ago and he will be missed. We wish him the best in his new position as City Manager of Craig, Colorado. ["QW �al��`�1C•SiT-�� I-I'A 114 DO W DR la Vi V a 00 111 pfil1 t. • ♦1. Q . 1 V IOID Y I I 1'r.` / /♦ 1 I' �I'>I 1 1 D VA ♦♦ 1 I 1 X - 11 I i 1 Y� I�! / Y I 1 I I1� / Y I � II I `ill' Y� I:1�1' / • : • Ordinance No. 566 was read in caption by Councilmember Bost. (Second Reading) It was moved by Councilmember Bost, seconded by Councilmember Roberts, that Ordinance No. 566 be passed and approved on the second and final reading. Said Ordinance No. 566 reads in caption as follows: AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT, A FACSIMILE OF SAME BEING ANNEXED HERETO, INCORPORATED HEREIN FOR ALL PURPOSES DESIGNATED EXHIBIT "A" BY AND BETWEEN EARL LAIRSON AND COMPANY, CERTIFIED PUBLIC ACCOUNTANTS, AND THE CITY OF PEARIAND, TEXAS. Voting "Aye" - Councilmembers Bost, Roberts, Tetens and Smith. Voting "No" - None. Motion passed 4 to 0. Councilmember Wolff absent from the Chambers. SETTIM PEBKET FEES AMID IASPECTION POLICY FUR NEW HI(li SCHOOL City Manager Ron Wicker explained that subsequent to the last Council meeting, Staff has contacted the Southern Standard Building Code Congress and they indicated they could not assume liability but will stand behind their review of the plans and specifications of the new high school. Letters from the architects and engineers for the school project stating they were in compliance with all the codes were included in the Council packets. In his discussion with Bill Miller, architect for the school, Mr. Wicker said he was informed there would be daily on-site inspections for the project. As with other projects, the City will be inspecting the project also. Staff, Mr. Wicker said, is recommending Council charge the school one-half of the permit fee plus the total fee for the Building Association to review the plans and specs. The total amount would 194 be approximately $22,000 to $23,000, Mr. Wicker said, amounting to about what the total cost of the permit fee would be. In general discussion, City Manager Wicker advised Council that the school project will take approximately 18 months to complete. For a project this size, a City inspector would be inspecting about a half a day for the 18 months. It is likely, Mr. Wicker said, it wi 11 cost us more in salary fees than we gain in the inspection fees. It was moved by Councilmember Bost, seconded by Councilmember Tetens, that the City Staff be authorized to enlist the services of the Southern Standard Building Code Congress to review the plans for the new high school and that the school be charged 50% of the standard pennit fee plus the cost of the review of the plans. Motion passed 3 to 1. Councilmember Smith voted against. Councilmember Wolff absent from the Chambers. A :i i. 1►io-.. City Manager Ron Wicker explained that Dr. Reifel, President of Reiton Corporation and inventor of the product they wi 11 manufacture, and Assistant City Manager Don Birkner have spent many hours working on this loan application. It will be submitted to the Texas Department of Commerce for a Texas Capital Fund loan in the amount of $500,000. If approved, these funds will be passed along from the State, through the City, to the Reiton Corporation. Of these funds, $470,000 would be the loan to Reiton Corporation and $30,000 would be used for administrative fees for the City. The City's obligation is to ensure the Reiton Corp. does create the jobs it states it will and that all paperwork is taken care of. It appears, Mr. Wicker said, the City will. be able to use these funds as they come back in for other economic development type projects. Mayor Reid read from a resolution adopted by the Pearland/Hobby Area Chamber of Commerce on April 6, 1989, in which they endorsed the Texas Capital Fund Program and the submittal of the application to the Texas Department of Commerce on behalf of the Reiton Corporation. Resolution No. R89-13 was read in its entirety by Councilmember Roberts. It was moved by Councilmember Roberts, seconded by Councilmember Smith, that Resolution No. R89-13 be passed and approved on the first and only reading. Said Resolution No. R89-13 reads in caption as follows: RESOLUTION NO. R89--13 A RESOLUTION APPROVING AN APPLICATION FOR FUNDING THROUGH THE TEXAS DEPARTMENT OF COMMERCE TEXAS CAPITAL PROJECTS FUND. Voting "Aye" - Councilmembers Smith, Tetens, Roberts and Bost. Voting "No" - None. Motion passed 4 -to 0. Councilmember Wolff absent from the Chambers. Dr. Reifel made some comments about his loan application and his new business venture. He thanked the Council and the community for their support. •�a,�• • • • : • •��.�• • �► u • c • 01A U 1W 60 MNDw D!•Ill • 0o-. Mayor Reid advised that, by a Resolution passed by the Council last October, the present fees for capital recovery go into effect after today, April 10. In a general discussion Councilmembers Smith and Wolff expressed their viewpoints in opposition to charging capital recovery fees. Councilmembers Roberts, Tetens and Bost commented in favor of capital. recovery fees. During the discussion it was pointed out that the engineering firm which did the study for the City on capital recovery informed us the fees outlined in the study were maximum fees that could be charged. The fee structure could be amended by Council to make them uniform 195 throughout the different areas of the City. Councilmember Smith read Resolution No. R89-11 in its entirety. It was moved by Councilmember Smith, seconded by Councilmember Roberts, that Resolution No. R89-11, extending the moratorium on Capital Recovery Fees for six months, until October 10, 1989, be passed and approved on the first and only reading. Said Resolution No. R89-11 reads in caption as follows: RES10LUTION NO. RBS -11 A RESOLUTION EXTENDING THE MORATORIUM ON THE IMPOSITION OF IMPACT FEES ON THE CAPITAL IMPROVEMENTS PLAN FOR THE CITY OF PEARLAND, TEXAS AMID PROVIDING FOR SEVERABILITY. Voting "Aye" - Councilmembers Wolff and Smith. Voting "No" - Councilmembers Bost, Roberts and Tetens. Motion failed 3 to 2. Resolution No. R89-11 failed to pass by a vote of 3 to 2. MEETING RECESSED AT 8:48 P. M. MEETM RECONVENED AT 8:59 P. M. COUNCIL ACTIVITY REPORTS (Continued) Councilmember Wolff reported the Park Board has received complaints from walkers in Independence Park that it is hazardous to walk on the roadway with the traffic flowing in both directions. Presently, the Park Board will be recommending Council authorize the circle drive through the Park be made one-way around the park. Mayor Reid requested City Staff to look at the possibility of making this road one- way around the park. ORDINANCE NO. 387-2, AMENDING ORDINANCE NO. 387-1, ALTERING THE PRIMA FACIE SPEED LIMITS AND TIME (SCHOOL ZONES) AND PROVIDING A PENALTY FOR VIOLATION EDF Ordinance No. 387-2 was read in caption by Councilmember Tetens. (First Reading) It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that Ordinance No. 387-2 be passed and approved on the first of two readings. Said Ordinance No. 387-2 reads in caption as follows: ORDINANCE NO. 387-2 AN ORDINANCE AMENDING ORDINANCE NO. 387-1 BY ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF ARTICLE 6701d, VERNON'S TEXAS CIVIL STATUTES, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, 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; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Smith, Tetens, Roberts, Bost and Wolff. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R89-12, RESOLUTION AUTHORIZING CITY MANAGER AND CHIEF OF POLICE TO MAKE APPLICATION TO THE GOVERNOR'S CRIMINAL JUSTICE DIVISION FOR GRANT FUNDS FOR A CRIME PREVENTION OFFICER Chief of Police Randy Garner explained that approval of this resolution would allow them to continue with a grant application through H -GAC to the Criminal Justice Division for funding for a Crime Prevention Officer. The grant table allows for 196 funding up to five years on a percentage basis with the City providing 100/ for salary and supplies after the fifth year. Resolution No. R89-12 was read in its entirety by Councilmember Wolff. It was moved by Councilmember Wolff, seconded by Councilmember Bost, that Resolution No. R89-12 be passed and approved on the first and only reading. Said Resolution No. R89-12 reads in caption as follows: RESOLUTION NO. 889-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARIAND, TEXAS, AUTHORIZING THE CITY MANAGER AND THE CHIEF OF POLICE TO APPLY TO THE GOVERNOR'S CRIMINAL JUSTICE DIVISION FOR GRANT FUNDS FOR A CRIME PREVENTION OFFICER. Voting "Aye" - Councilmembers Wolff, Bost, Roberts, Tetens and Smith. Voting "No" - None. Motion passed 5 to 0. AUTHORIZATION FOR CITY STAFF TO WORK WITH BRAZORIA COUNTY MENTAL HEALTH/MENTAL RETARDATION ON CITY PARTICIPATION IN SEWER LINE EXTENSION ON DIXIE FARM ROAD City Manager Ron Wicker explained he had been contacted by Barry Kusnerik, Program Director of Gulf Coast Regional Mental Health Retardation Center, concerning their plans to expand their P.A.F. Industries located at 4650 Dixie Farm Road. They will also need to expand their present sewer system and Mr. Kusnerik asked about the possibility of connecting to an existing City sewer line. In looking into this, Staff found that the nearest point of service available to them would be some 6,000 feet away in the area of the Oakbrook Subdivision. They have indicated they are wi 11 ing to work with us to share the cost. So, Mr. Wicker said, if they wi 11 pay for a portion of the labor and pay for the pipe necessary to put in their line, we could oversize this line and serve additional areas we are not presently serving. It was moved by Councilmember Roberts, seconded by Councilmember Tetens, that Council authorize the Staff to work with Brazoria County Mental Health/Mental Retardation on City participation in sewer line extension on Dixie Farm Road. Motion passed 5 to 0. CITY ACCEPTANCE OF WESTWOOD VILLAGE, SECTION 1 AND GREEN TEE TERRACE, SECTION IV, STREETS, WATER SYSTEM, SANITARY SEWER SYSTEM AND DRAINAGE Mayor Reid advised these two items would be passed to a future agenda. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 9:24 P. M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 Mayor Reid read, from the posted agenda, the topics to be discussed in Executive Session. MEETING RETURNED TO OPEN SESSION AT 10:54 P. M. - NO ACTION TAKEN Mayor Reid read the following items which were discussed in Executive Session and signed a certification to the effect: UNDER SUBSECTION (e) LEGAL - The City Attorney briefed Council on the following pending litigation: (1) City of Pearland v. Emchem Corp. and (2) City of Pearland v. William Gonzales. UNDER SUBSECTION (f) ACQUISITION OF REAL PROPERTY - Council had discussion with City Staff concerning Magnolia Street right-of-way. The meeting adjourned at 10:55 P. M. Minutes approved as submitted and/or corrected this day of J - A. D., 1989. Mayor ATTEST: City S tary r 197