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1983-08-08 CITY COUNCIL REGULAR MEETING MINUTES14 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON AUGUST 8, 1983, AT 7:30 P. M., IN THE CITY HALL, 2335 N. TEXAS AVE., PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Councilman/Mayor Pro Tem Councilman Councilman Councilman Councilman City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: Tom Reid Charles R. Mack Terry Gray Dennis Frauenberger James E. Bost Al Lentz Ronald J. Wicker Bobby Williams Dorothy L. Cook The Invocation was given by Mayor Reid. The Pledge of Allegiance was led by Council- man Lentz. APPROVAL OF MINUTES: It was moved by Councilman Bost, seconded by Councilman Lentz that the minutes of the regular meeting held on July 25, 1983, be approved as submitted. Motion passed 4 to 0. Councilman Gray abstained. MAYOR'S ACTIVITY REPORT: Mayor Reid recognized former Mayor and Councilman Carlton McComb who was present at the meeting. Mayor Reid also recognized several students from the government class of San Jacinto College. COUNCIL ACTIVITY REPORTS: None DEPARTMENTAL REPORTS: None CITIZENS: 1. Mrs. Brenda Thompson spoke to the City Council regarding the poor service of the Cable TV Company (Meca) serving the City. She asked what could be done to get another Cable TV service in Pearland. She outlined the following complaints against the present franchise holder: a. Television programs interrupted by cable service; b. Inaccessibility of the Cable TV company by telephone. She has been placed on hold for as long as 15 minutes before she could report a problem; c. Company would promise to send service person and then he would not show up. Mrs. Thompson submitted 21 individual surveys from residents in her neighborhood relating to the poor service and quality of the present Cable TV company, and she urged the City Council to look into the franchise and see what can be done about revoking the franchise. Mayor Reid asked that the City Attorney and City Manager review the Franchise Agree- ment with Meca, and that this matter be placed on a future agenda for action, if deemed necessary. 15 2. B. E. Rountree - Mr. Bill Ernst, representing Mr. Rountree, appeared before the City Council requesting City participation in the oversizing of a water line that he is installing in the Martha Alexander Crouch, Section I, Subdivision on Highway 518. He stated that the plans have been drawn up so that an eight -inch water line would be required; however, it has been suggested that a ten -inch line be installed in order to serve the area back of this development. CHANGE IN ORDER OF BUSINESS NEW BUSINESS: REQUEST BY B. E. ROUNTREE FOR CITY PARTICIPATION IN OVERSIZING WATER LINE: A discussion was held by the City Council regarding this matter, and the following motion was made: It was moved by Councilman Gray, seconded by Councilman Lentz that we deny the request to participate in the oversizing of the water line, as requested by Mr. Bill Ernst, representing B. E. Rountree, and that the developer be required to install a ten -inch water line in the Martha Alexander Crouch, Section I, Subdivision. Motion passed 5 to 0. CITIZENS: (Continued) 3. Pearland Area Chamber of Commerce - Mr. Kerry Spradley, representing the Pearland Area Chamber of Commerce, appeared before the City Council and advised that the Chamber wished to go on record as supporting the FEMA maps so that the City would be in compliance with Federal Flood Insurance regulations. He stated that while the maps are not perfect, the Chamber considered the alternative of no Federal Flood Insurance Program much less attractive. UNFINISHED BUSINESS: ORDINANCE NO. 246-87, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE APPLICATION NO. 121, BAZEL CROWE, AGENT FOR W.E.L. HARTMAN, OWNER - CLASSIFICATION R-2 TO P/A: Mr. Bazel Crowe presented a revised Plat showing corrected lot sizes adjacent to the drainage ditch, as requested by the City Council before the final reading of this Ordinance. Ordinance No. 246-87 read in caption by Councilman Mack. (Second Reading) It was moved by Councilman Mack, seconded by Councilman Fruenberger that Ordinance No. 246-87 be passed and approved on second and final reading. Said Ordinance No. 246-87 reads in caption as follows: ORDINANCE NO. 246-87 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS; PROVIDING FOR AMENDMENT OF THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CONTAIN- ING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Lentz, Councilman Bost, Councilman Mack, Councilman Frauenber- ger and Councilman Gray. Voting "No": None Motion passed 5 to 0. IM APPROVAL OF DRAINAGE REPORT BY R. WAYNE SMITH CONSULTING ENGINEERS, INC.: City Manager Wicker advised that at a previous meeting of the City Council a Drainage Report, as prepared by R. Wayne Smith Consulting Engineers, was presented to the Council. Mr. R. Wayne Smith was present and advised that he would answer any questions the Council might have and would like to have an opportunity to review this Report in a Workshop Meeting. It was moved by Councilman Lentz, seconded by Councilman Gray that the Drainage Re- port, prepared by R. Wayne Smith Consulting Engineers, Inc., be accepted and infor- mation contained in this Report be used immediately for whatever purposes necessary in our Planning processes. Motion passed 5 to 0. NEW BUSINESS: (CONTINUED) RESOLUTION NO. R83-17, A RESOLUTION GIVING CONSENT FOR THE CREATION OF A MUNICIPAL UTILITY DISTRICT (MUD 7): Councilman Mack, representing the Planning & Development Committee, stated that a Work- shop had been held with the representatives of MUD 7 and the Resolution is in line with items discussed in the Workshop. Resolution No. R83-17 read in full by Councilman Frauenberger and Councilman Bost. It was moved by Councilman Bost, seconded by Councilman Mack that Resolution No. R83-17 be passed and approved on first and only reading. Said Resolution No. R83-17 reads in caption as follows: RESOLUTION NO. R83-17 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, GIVING CONSENT TO THE CREATION OF A MUNICIPAL UTILITY DISTRICT WITHIN ITS EXTRATERRITORIAL JURISDICTION. Voting "Aye": Councilman Gray, Councilman Frauenberger, Councilman Mack and Councilman Bost. Voting "No": None Motion passed 4 to 0. Councilman Lentz abstained. REPORT BY CHARTER REVIEW COMMISSION FOR 1983: Mr. James Porter, Chairman of the Charter Review Commission, read the following report into the records: TO: The Mayor and City Council FROM: 1983 Charter Review Commission SUBJECT: Report of Commission regarding recommended changes in Charter of the City of Pearland Gentlemen: Pursuant to the requirements of Section 10.15(4) of the Charter of the City of Pearland, the duly appointed Charter Review Commission, acting herein by and its Chairman, respectfully submits the following proposed amendments to the City Council for action deemed proper and in the best interest of the City. The proposed amendments approved and recommended by the Commission are as follows: 1. A recommended re -wording of Section 3.01 subsection (e) so as to remove the limitations for elected terms of office for councilman. 17 2. Make all necessary deletions and corrections in Section 4.04 - Department of Taxation, so as to comply and be consistent with existing state law regarding assess- ment and collection of taxes. 3. Make all necessary deletions and corrections in Section 8.19, 8.20, 8.21, 8.22, 8.23, and 8.24 so as to be consistent and in compliance with existing State taxing laws. We respectfully request that the City Council submit the aforementioned recom- mendation to the voters of the City of the next regular City election. r— Respectfully submitted, /s/ James Porter Chairman of the Charter Review Commission 1983 Term It was moved by Councilman Mack, seconded by Councilman Lentz that the Charter Review Commission's Report be received into the records of the City. Motion passed 5 to 0. Mayor Reid read the City Attorney's Report into the records of the City as follows: TO: The Mayor and City Council FROM: Bobby J. Williams, City Attorney SUBJECT: Review and report on recommendation of 1983 Charter Review Commission Gentlemen: I have reviewed the report submitted by the 1983 Charter Review Commission and I respectfully submit the following comments regarding same_ 1. As to the recommendation regarding amendment of Section 3.01 removing limita- tions on terms of councilmen, I have no opinion other than that conditions in the City have changed drastically in the last several years and this recommendation may be desirable so as to keep well qualified and dedicated councilmen in office so as to complete long range goals of the City. 2. As to recommendations 2 and 3, it is my opinion that changes to the tax pro- visions of the Charter are now necessary. I will work with our tax collector to make these changes and will report recommended text changes to the Council as soon as possi- ble. I think this 1983 Commission worked very hard and they should be commended. Sincerely, /s/ Bobby J. Williams Bobby J. Williams City Attorney It was moved by Councilman Gray, seconded by Councilman Mack that the Report of the City Attorney be received into the records of the City. Motion passed 5 to 0. ORDINANCE NO. 421-1, AN AMENDMENT TO THE SUBDIVISION CODE RELATING TO PLAT APPROVAL AND PRIVATE STREETS: Ordinance No. 421-1 read in caption by Councilman Mack. (First Reading) It was moved by Councilman Mack, seconded by Councilman Lentz that Ordinance No. 421-1 be passed and approved on first of two readings. Said Ordinance No. 421-1 reads in caption as follows: im ORDINANCE NO. 421-1 AN ORDINANCE AMENDING CHAPTER 27 OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, BY ADDING, DELETING AND RE- NUMBERING OF SPECIFIC SECTIONS THERETO; PROVIDING FOR AN EFFECTIVE DATE; A SAVINGS CLAUSE; AND CONTAINING OTHER PRO- VISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Lentz, Councilman Bost, Councilman Mack, Councilman Frauen- berger and Councilman Gray. Voting "No": None Motion passed 5 to 0. MEETING RECESSED AT 8:40 P.M. - RECONVENED AT 8:50 P. M. CHANGE IN ORDER OF BUSINESS: DOCKETED PUBLIC HEARINGS: 1. CITY MANAGER'S PROPOSED BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1983. MAYOR PRO TEM MACKIN CHAIR AT 8:50 P. M. - MAYOR REID RETURNED AT 9:02 P. M. City Manager Wicker read the following letter into the records of the City: July 25, 1983 The Honorable Mayor and City Council City Hall Pearland, Texas Dear Mayor and Council: In accordance with Article 8.02 of the Pearland Charter, I am submitting herewith the proposed Budget for Fiscal Year 1983-84. Again this year the proposed Budget is based on estimated Tax Roll. Our conversations with Brazoria County Central Appraisal District indicates that the official rolls will not be ready until late October. This will, again, delay the mailing of Tax Statements by approximately two months. We do not, however, anticipate the same problems experienced last year. This Budget preparation process is based on less revenue from Sales Tax and Ad Valorem Tax. This Budget is based on an Ad Valorem Tax Roll estimate that is basically equal to the amount used in the 1982-83 Budget. The City Sales Tax esimate is based on anticipated 1982-83 estimate which is approximately 33% less than budgeted 1982-83. I feel these declines are a result of the economic times. In preparing this Budget we have attempted to keep all departmental budgets at or below last year's figures. In many cases the actual departments' budgets were less than last year's, and in other cases, slightly more. The Budget as presented does not anticipate any cut back in services. This Budget proposes a 3% across-the-board salary increase for all employees, with a 2% amount set aside in the City Manager's budget for merit increases and salary adjustments. The 3% requested is far less than provided in previous Budgets, but I feel is realistic figures in light of today's economy. The proposed Budget will require a tax increase of approximately 24 and would in- crease the tax rate from 68� per $100 evaluation to 704 per $100 evaluation. I feel that all department heads have worked diligently to keep estimated expendi- tures at a minimum without affecting services. I am recommending approval of this Budget as submitted. RJW:kk Respectfully submitted, /s/ Ronald J. Wicker Ronald J. Wicker City Manager Im PROPOSED GENERAL FUND BUDGET $5,762,680 PROPOSED WATER & SEWER BUDGET 1,184,460 TOTAL $6,947,140 Each page of the proposed budget was projected on the screen with explanation of various items by the City Manager. Questions during the showing were answered. At the conclusion, questions were answered, and the Mayor hearing no further questions adjourned the Hearing at 10:05 P. M. AUTHORIZATION TO SUBMIT APPLICATION FOR COMMUNITY BLOCK GRANT FUNDS - PARKLAND ACQUISI- TION: City Manager Wicker requested his assistant, Gary Jackson, to give a report on the Community dock Grant Funds for parkland acquisition to the City Council. Gary Jack- son requested authorization to submit an application for a Community Development Block Grant (CDBG) funds to parkland acquisition. The Parks and Recreation Director has recommended that the City pursue purchasing land on the West side of town and has a proposed location to recommend to the Council. The request for funding for this pro- ject would be as follows: CDBG Request (75%) $300,000 State Request (25%) 100,000 $400,000 It was moved by Councilman Lentz, seconded by Councilman Bost that the Staff be autho- rized to submit an Application for Community Development Block Grant (CDBG) funds for parkland acquisition in the amount of $400,000. Motion passed 4 to 0. Councilman Gray absent at this time. Authorization for submission of a Community Block Grant for the Senior Citizens to be placed on the next agenda. RESOLUTION NO. R83-18, A RESOLUTION CONFIRMING AUTHORIZATION FOR CITY MANAGER TO SUB- MIT APPLICATION, THROUGH H -GAC, TO CRIMINAL JUSTICE DIVISION ON GRANT FOR POLICE BASE STATION - REPEATER SYSTEM CONSOLE: Resolution No. R83-18 read in full by Councilman Lentz. It was moved by Councilman Lentz, seconded by Councilman Mack that Resolution No. R83-18 be passed and approved on first and only reading. Said Resolution No. R83-18 reads in caption as follows: RESOLUTION NO. R83-18 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONFIRMING AUTHORIZATION FOR THE CITY MANAGER TO SUBMIT LAW ENFORCEMENT COMMUNICATION EQUIPMENT GRANT APPLI- CATION, THROUGH THE HOUSTON-GALVESTON AREA COUNCIL, TO THE CRIMINAL JUSTICE DIVISION. Voting "Aye": Councilman Frauenberger, Councilman Mack, Councilman Bost and Council- man Lentz. Voting "No": None Motion passed 4 to 0. Councilman Gray absent at this time. 20 NATIONAL FLOOD INSURANCE PROGRAM'S FIRM MAP AND FLOOD BOUNDARY AND FLOODWAY MAPS: City Manager Wicker advised that Ms. Cunningham of FEMA called him last week after the Public Hearing and stated that she made an error and that the City could not accept the Revised Preliminary Maps until after the appeals period of 90 days but we could autho- rize the preparation of a letter by the Mayor asking that the program be accelerated. If there are no appeals within the 90 -day period then this letter would take effect and we could cut off about two months. If there are appeals, it looks like it will be some 11 to 12 months before we are in the permanent plan. City Manager Wicker recommended that the City Council authorize the Mayor to write a letter to FEMA _ requesting acceleration of this Program. It was moved by Councilman Bost, seconded by Councilman Frauenberger that the Mayor be authorized to write a letter to FEMA requesting acceleration of the flood maps. Motion passed 4 to 0. Councilman Gray not present at this time. Bench Marks: City Manager Wicker advised that we have a bench mark file that established bench marks around the City, and recommended that the City verify these bench marks again and tie them into the flood elevation maps that were presented by FEMA. City Manager Wicker requested that the Council authorize him to enlist the services of a surveyor to accomplish this. It was moved by Councilman Frauenberger, seconded by Councilman Lentz that the City Manager be authorized to verify the bench marks as listed on the letter from L. C. Parks dated January 31, 1974, of approximately 34 bench marks and any new bench marks required. Motion passed 4 to 0. Councilman Gray not present at this time. Policy on Flood Elevations: City Manager Wicker stated that while we have not adopted the FEMA maps yet, we are al- ready having people wanting the City to perform the engineering studies necessary to question the data presented by FEMA. He stated that he felt the City could not be in the position of documenting and proving FEMA wrong in all of these instances. They have spent some $250,000 conducting this study and he did not feel that we should spend the Pearland taxpayer's money to say that this study was not correct. This should be the responsibility of the taxpayers themselves. He requested a policy statement from the City Council on this matter. It was moved by Councilman Frauenberger, seconded by Councilman Lentz that the City Council adopt a policy that any person wishing to remove their property from the flood plain that they provide, at their own expense, the necessary engineering data and information to the City requesting that it be forwarded to FEMA for evaluation for removal of their property from the flood plain, and that any data submitted become a matter of public information. _ Motion passed 4 to 0. Councilman Gray absent at this time. OTHER BUSINESS: It was moved by Councilman Mack, seconded by Councilman Bost that the absence of Council- man Gray from the Meeting of July 25, 1983, be shown as "Excused Absence". Motion passed 4 to 0. Councilman Gray absent at this time. 21 ADJOURN: Meeting adjourned at 10:30 P. M. Minutes approved as submitted and/or corrected this the. -J.2, I_day of , A. D., 1983. G!%C/ Mayor ATTEST: ity Secretary