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1997-11-10 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF -- PEARLAND, TEXAS, HELD ON NOVEMBER 10, 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 Helen Beckman Councilmember Larry Wilkins Councilmember Kevin Cole Councilmember Richard Tetens Councilmember William Berger City Manager Paul Grohman Assistant City Attorney Darrin Coker City Secretary Young Lorfing Others in attendance: Project Coordinator Alan Mueller; Police Chief Mike Hogg; City Engineer John Hargrove; Planning and Community Development Director Dennis Smith; Director of Finance David Castillo; Parks and Recreation Director Ed Hersh; Public Works Director Jerry Burns; Communication Specialist John Knight; and Advanced Intern Ruby Perez. r— INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Police Chief Hogg and the Pledge of Allegiance was led by Councilmember Berger. APPROVAL OF MINUTES Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Beckman to approve the minutes of the October 27, 1997 Regular Council Meeting held at 7:30 p.m. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion Passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Reid and City Manager Paul Grohman presented a Proclamation to the Pearland Page 1 of 10 - 11/10 Neighborhood Center proclaiming Friday, December 12, 1997, "Pearland Share Your Christmas Day". Mayor Reid reported that on October 28 he attended the Texas Municipal League Annual Convention in Ft. Worth; November 4 he attended the AARP Monthly Meeting; November 5 he attended the Brazoria County Tax Abatement Review Committee Meeting and the Citizens Police Academy Graduation Dinner; and November 10 he attended the Friendswood, Alvin, and Pearland "School to Work" Program. COUNCIL'S ACTIVITY REPORTS: Councilmember Cole reported that on October 31 he attended the inside ground breaking of Third Coast; and on November 6 he attended the Brazoria County Municipal Utility District # 5 Meeting; Councilmember Berger reported that he also attended the Texas Municipal League Convention in Ft. Worth and the Citizens Police Academy Graduation Dinner; he reminded everyone that November 11 is Veterans Day and at 11:00 a.m. there will be a ceremony at the front steps of City Hall and it will include the Parks and Recreation Department and the Veterans of Foreign War Post 7109 and their Ladies Auxiliary, the Pearland Exchange Club and the Pearland High School Junior R.O.T.C. He further stated that today is the Marine Corps' Birthday and he wished all Marines a Happy Birthday. Mayor Pro -Tem Beckman reported that on October 28 she had a good time at City Hall looking at the pumpkins that the various City Departments had submitted for a Jack -O- `T Lantern Contest; she also attended the Texas Municipal League Annual Conference in Ft. Worth; on Thursday she attended the Clean Pearland Hike and Bike Committee Meeting and stated that the annual Tour de Lights through Green Tee will be on December 13 to look at all the Christmas lights and decorations; and she attended the Citizens Police Academy Graduation Dinner. Councilmember Tetens reported that he attended the Texas Municipal League Annual Conference in Ft. Worth and the Citizens Policy Academy Graduation Dinner. Councilmember Wilkins stated for the sake of not repeating he attended several of the functions that the Council has already reported. He further stated that the other day when he was going home for lunch he noticed a Pearland Police Officer with a small dog going door to door trying to find the owner of the dog. He further stated that he really loves dogs, and it was touching to see one of our officers take the time to do that, and that was his moment of the week. Page 2 of 10 - 11/10 CITY MANAGER'S REPORT: City Manager Paul Grohman introduced Assistant City Attorney Darrin Coker and stated that Darrin is filling in for the City Attorney. He stated that the City Attorney Amy McCullough and her husband, David, had an 8 pound, 7 ounce boy named Alex Ross. Mr. Grohman announced that Parks and Recreation Director Ed Hersh had been elected to the Board of Directors for Administration of the American Parks and Recreation Society at their annual meeting, two weeks ago, in Salt Lake City. Mr. Grohman further stated that we had our Texas Parks and Wildlife site visit two weeks ago and hopes that we will get funding for park improvements which will be awarded in January. CITIZEN'S: None. UNFINISHED BUSINESS: SECOND AND FINAL READING OF ORDINANCE NO. 829 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ARTICLE IV, DOGS AND CATS, OF CHAPTER 6, ANIMALS AND FOWL, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO ALLOW THE ANIMAL CONTROL DEPARTMENT TO DESIGNATE LICENSED VETERINARIANS TO COLLECT THE CITY'S ANNUAL LICENSING REGISTRATION FEE WHEN PRACTICABLE; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Councilmember Wilkins made the motion, seconded by Councilmember Tetens to approve Ordinance No. 829 on its second and final reading. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion passed 5 to 0. Page 3 of 10 - 11/10 { SECOND AND FINAL READING OF ORDINANCE NO. 747-1 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 747 REGARDING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, TO REFLECT A NEW EFFECTIVE DATE FOR THE INITIAL ALLOWANCE OF UPDATED SERVICE CREDIT AND INCREASE IN RETIREMENT ANNUITIES FOR QUALIFYING MEMBERS; TO INCREASE THE PERCENTAGE OF INDIVIDUAL EARNINGS THAT MUST BE DEPOSITED INTO THE SYSTEM AND TO CHANGE THE EFFECTIVE DATE OF SAID RATE; PROVIDING A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Councilmember Tetens made the motion, seconded by Councilmember Wilkins to approve Ordinance No. 747-1 on its second and final reading. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. NEW BUSINESS: FIRST READING OF ORDINANCE NO. 830 -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 (MAX ROAD AND O'DAY ROAD AREA); 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. Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Cole to approve Ordinance No. 830 on its first reading. City Manager Paul Grohman stated that this relates back to the Council's Goals that have been set for the last three years on annexing portions of the extraterritorial jurisdiction (ETJ) in order to bring compliance with the other City Codes and provide for future growth that would be consistent with the City itself. Mr. Grohman recommended its approval. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Page 4 of 10 - 11/10 1 bi Voting "No" None. Motion passed 5 to 0. COUNCIL ACTION - DIRECTIVE TO STAFF TO INITIATE A SERVICE PLAN FOR THE ANNEXATION OF LAND NORTH OF THE CURRENT CITY LIMITS AND SOUTH OF COUNTY ROAD 403. Councilmember Berger made the motion, seconded by Councilmember Cole to direct staff to initiate a service plan for annexation of land north of the current City limits and south of County Road 403. Project Coordinator Alan Mueller gave a presentation regarding the location of the proposed area to be annexed. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion passed 5 to 0. COUNCIL ACTION - AWARD OF BID NO. B97-19 FOR UPGRADING A MID-RANGE COMPUTER. Councilmember Cole made the motion, seconded by Councilmember Berger to award Bid no. B97-19 to Business Computers Logistics Inc., (BCL) in the amount of $112,991 including a three-year financing package at the rate of 4.85% for financing the upgrading of a Mid -Range Computer. Director of Finance David Castillo reviewed the bids received for upgrading a Mid -Range Computer. He recommended that the Council accept the bid submitted by BCL. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion passed 5 to 0. COUNCIL ACTION - AWARD OF BID NO. 97-14 FOR SANITARY SEWER IMPROVEMENTS. Page 5 of 10 - 11/10 Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Beckman to award Bid no. B97-14 to BRC Services in the amount of $215,029.01 for Sanitary Sewer Improvements on Pearland Parkway, John Lizer Road, and Old Alvin Road. City Engineer John Hargrove reviewed the bids received for Sanitary Sewer Improvements on Pearland Parkway, John Lizer Road, and Old Alvin Road. He recommended that the Council accept the bid submitted by BRC Services. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion passed 5 to 0. RESOLUTION NO. R97- 64 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE SECOND REGULAR MEETING DATE OF DECEMBER, 1997, DUE TO THE HOLIDAY SEASON. Councilmember Tetens made the motion, seconded by Councilmember Cole to table Resolution No. R97- 64 until the next regular Council Meeting. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. RESOLUTION NO. R97- 65 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT BY AND BETWEEN A PUBLIC NEWSPAPER OF GENERAL CIRCULATION IN THE CITY, AND THE CITY OF PEARLAND, FOR THE PURPOSE OF PROVIDING PUBLICATION OF ALL LEGAL NOTICES FOR A TERM OF ONE YEAR, AS THE OFFICIAL NEWSPAPER OF THE CITY, PURSUANT TO THE CITY OF PEARLAND CHARTER. Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Wilkins to approve Resolution No. R97- 65 and enter into a contract with The Pearland Reporter Newspaper at the rate of $.48 per line for publications and to be the Official Newspaper for the City, pursuant to the City of Pearland Charter. City Manager Paul Grohman stated that the Pearland Reporter Newspaper is the low Page 6 of 10 - 11/10 bidder, and they bid the same amount per line as we are currently paying. Mr. Grohman recommended the Reporter Newspaper for the City's Official Newspaper. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. RESOLUTION NO. R97- 66 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE CITY'S PARTICIPATION IN THE GALVESTON COUNTY NARCOTICS TASK FORCE; AUTHORIZING THE MAYOR OR HIS DESIGNEE TO EXECUTE DOCUMENTS NECESSARY TO FACILITATE GALVESTON COUNTY'S GRANT APPLICATION TO THE CRIMINAL JUSTICE DIVISION OF THE GOVERNOR'S OFFICE; AND SETTING FORTH OTHER PROVISIONS RELATED THERETO. Councilmember Berger made the motion, seconded by Councilmember Tetens to approve Resolution No. R97- 66. Police Chief Hogg addressed Council and stated that Pearland has reached a point that we are getting involved with some heavy narcotics drug trafficking through Pearland. Highways 288 and 35 are major thoroughfares for drug traffic from Mexico to the Houston area. Chief Hogg further stated that Galveston County approached him to join the task force. The State is awarding more grant monies to multi -agency task forces. If the City participates, it will become the Galveston-Brazoria County Task Force which will include Texas City, League City, Galveston, Galveston County, Santa Fe, Alvin, Brazoria County District Attorney's Office, and Pearland. Chief Hogg stated that the cost to the City will be minimal. He will not put an officer in the program unless the grant is received which will fully fund the officer's salary, vehicle, equipment, and 17.5% for benefits. Chief Hogg recommended that Resolution No. R97-66 be adopted. Voting "Aye" Councilmembers Cale, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 831- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING PUBLIC CONVENIENCE AND NECESSITY FOR PUBLIC PROJECTS TO EXPAND CITY FACILITIES, INCLUDING BUT NOT LIMITED TO (1) THE RELOCATION AND Page 7 of 10 - 11/10 EXPANSION OF ADMINISTRATIVE OFFICES, PUBLIC LIBRARY, AND MEETING FACILITIES, (II) DRAINAGE AND REGIONAL STORM WATER DETENTION FACILITIES, AND (III) PARK EXPANSION; AUTHORIZING THE CITY ATTORNEY, OR HER DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; DECLARING AN EMERGENCY, AS THE PROVISION OF ADEQUATE CITY FACILITIES BEARS DIRECTLY UPON THE HEALTH, SAFETY, AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Councilmember Cole made the motion, seconded by Councilmember Wilkins to approve Ordinance No. 831 on its first and only reading. City Manager Paul Grohman stated that this is amending the survey description to include the third parcel that the Council added to the two parcels for the public projects. This would allow the City to proceed with condemnation if necessary. Mr. Grohman recommended the approval of Ordinance No. 831. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion passed 5 to 0. COUNCIL ACTION - AUTHORIZE THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT A STATE REVOLVING FUND LOAN APPLICATION TO THE TEXAS WATER DEVELOPMENT BOARD FOR WASTEWATER PROJECTS AND TO ENGAGE PROFESSIONAL SERVICES TO SUPPORT THE APPLICATION, DESIGN, AND CONSTRUCTION OF SUCH PROJECTS. Councilmember Wilkins made the motion, seconded by Councilmember Tetens, to authorize the City Manager or his designee to submit a State Revolving Fund Loan Application to the Texas Water Development Board for Wastewater Projects and to engage professional services to support the application, design, and construction of such projects. City Manager Paul Grohman stated that due to growth of the City we are trying find the most cost effective way to serve everyone with a variety of services. This action would allow us to submit a Revolving Fund Loan Application. Mr. Grohman recommended its approval. Page 8 of 10 - 11/10 Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens and Wilkins. Voting "No" None. Motion passed 5 to 0. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE. Council adjourned into Executive Session under Texas Government Code at 9:15 p.m. to discuss the following: 1. SECTION 551.071 - CONSULTATION WITH ATTORNEY: DELIBERATION REGARDING PARK AND OTHER PROPERTY LOCATED IN THE OLD TOWN SITE. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 9:55 p.m. COUNCIL ACTION - DIRECTION TO STAFF REGARDING PARK AND OTHER PROPERTY LOCATED IN THE OLD TOWN SITE. Councilmember Cole made the motion, seconded by Mayor Pro -Tem Beckman to authorize the City Attorney to proceed with communications as discussed in Executive Session. Voting "Aye" Councilmembers Cale, Berger, Beckman, Tetens and Wilkins. Voting "No" None. Motion passed 5 to 0. ADJOURNMENT Meeting was adjourned at 9:57 p.m. Page 9 of 10 - 11/10 Minutes approved as submitted and/or corrected this the 24th day of November , A.D., 1997. ATTEST: ---� Tom Reid Mayor Y hng Log i Secr ry Page 10 of 10 - 11/10