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1992-09-14 CITY COUNCIL REGULAR MEETING MINUTES119 MINUTES OF A REGULAR MEETING OF THE. CITY COUNCIL OF THE CITY OF PEAR - LAND, TERAS, HELD ON SEPTEMBER 14, 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 D. A. Miller Councilmember Councilmember Councilmember City Attorney City Secretary Benny Frank Joy Colson David Smith Lester Rorick Pat Jones Others in attendance were Division Directors Glen Erwin and Richard Burdine and City Engineer John Hargrove. Absent from the meeting were City Manager Paul Grohman and Chief of Police Mike Hogg. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Weber. The Pledge of Alle- giance was led by Councilmember Miller. APPROVAL OF MINUTES It was moved by Councilmember Colson, seconded by Councilmember Frank, that the minutes of the regular meeting of August 24, 1992, be ap- proved as presented. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger issued a proclamation to the Pear Tree Chapter of the American Business Women's Association. Members of the organization accepted the proclamation. Mayor Coppinger also proclaimed September 26th as Knights of Columbus Day for the Hearing Impaired. Representatives of this group were on hand and accepted the proclamation. Continuing his report, Mayor Coppinger congratulated Larry Steed, Fire .Marshal, on his recent certification. Mayor Coppinger announced that Southwestern Bell has given $10,000 to the Chamber of Commerce for economic development, matching the City's contribution. The Chamber, Mayor Coppinger continued, will soon host a Community Leadership dinner and the City will be represented by the City Manag- er, the Mayor and Councilmembers Weber and Colson. Mayor Coppinger reported he and Councilmember Frank unofficially attended a meeting held by the FAA to assess a master plan for Clover Field Airport. Mayor Coppinger asked Councilmember Frank to comment on this meeting during his activity report. At Mayor Coppinger's request, Councilmember Miller asked Division Director Richard Burdine to discuss the Park Director's position which has been filled by Mr. Ed Hirsch who will be coming to us from Des Moines, Iowa. Mr. Burdine discussed Mr. Hirsh's credentials and reported he would begin in mid-October. 120 Mayor Coppinger called upon Division Director Glen Erwin who reported on an energy savings program that has been implemented at City Hall. This program will be pursued throughout City facilities. Mayor Coppinger reported on a workshop meeting with School District representatives where the road between Independence Park and the new high school was discussed. While not immediately receptive, District officials have indicated they are now supportive of this plan. Mayor Coppinger reported he represented the City at a groundbreaking ceremony at the Hindu Temple on McLean Road. COUNCIL ACTIVITY REPORTS Councilmember Miller reported his attendance at the Park Board meetine on the 12th and informed there are some plumbing problems at the Melvin Knapp Building. Councilmember Frank reported his attendance at the Clover Field meet- ing and stated he has been asked to serve on the Advisory Board. Mr. Frank indicated he has not agreed to do so as yet and discussed some of the highlights of the meeting. Mr. Frank informed he has been working with the contractor to see that the Melvin Knapp plumbing problem is corrected. Councilmember Weber reported, he, too, had received a call regarding the problem at the Melvin Knapp Building. Councilmember Colson had nothing to report at this time. Councilmember Smith reported he has met with the Brookside Village City Council and discussed the widening of Mykawa Road. This meeting was fruitful, Mr. Smith said, and Richard Burdine will be furnishing Brookside's Council with more information. Mr. Smith reported a meeting was held with the Brazoria County Drain- age District this morning and asked City Engineer John Hargrove of Division Director Richard Burdine to comment further. An EPA representative has informed for receiving citizen comments has Site. Public input will be received Councilmember Smith that the time been extended regarding the Brio until October 2nd. In closing, Councilmember Smith commended City Attorney Rorick for his timely filing of an answer to recent litigation served upon the City. There followed a discussion among Councilmembers regarding the Brio site. CITY MANAGER REPORT It was reported that City Manager Paul Grohman is away attending a conference of the International City Manager's Association. At this time, Division Director Richard Burdine reported on the meet- ing with Brazoria County Drainage District 44 held this morning. In discussing the drainage work which will need to be done for the FM 518 widening from Westminster to State Hwy 35, the District indicated they will do the dirt work on two sections. The water line relocation report was received this morning and is on schedule. Mr. Burdine discussed the McLean Road Park project and related th status of our park grant. On September 11th, bids were opened for q i parking lot and entry road. This bid should be awarded at the Septem= ber 28th meeting. DOCKETED PUBLIC HEARING: 1. Request of John Garner, Agent for Glenn Lilie, for approval of abandonment of a twenty foot access easement in Block 8 of Green Tee Terrace Townhouses. 121 PERSONS SPEAKING FOR THE PROPOSED REQUEST: 1. John Garner, 3301 Federal, Pasadena. Mr. Garner explained he was the engineer who prepared the plat for the subdivi- sion of this portion of the old Townhouse Reserve and asked that this easement be abandoned. PERSONS SPEAKING AGAINST THE PROPOSED REQUEST: None QUESTION AND ANSWER PERIOD: Councilmember Smith remarked he was familiar with this area and stated �-- it was divided into blocks but not into lots when it was platted. These easements were allowed for in case they were needed but now the land has been divided into lots and blocks and they are of no benefit. V.11 UNFINISHED BUSINESS ORDINANCE NO. 534-1, PROHIBITING THE SMOKING OF CIGARETTES, CIGARS, AND OTHER TOBACCO PRODUCTS IN CERTAIN PUBLIC PLACES AND PROVIDING A PENALTY FOR VIOLATION THEREOF Citizen Input: Ms. Liz Bradley, representing the American Heart Association. Ms. Bradley commended the Council for the enactment of Ordinance No. 534- 1. Ordinance No. 534-1 was read in caption by Councilmember Colson (Second and final reading) It was moved by Councilmember Colson, seconded by Councilmember Smith, that Ordinance No. 534-1 be passed and approved on its second and final reading. In discussion, it was noted that there is a provision for an exception to convenience stores and it was stressed that prohibitions are made to "certain" public places rather than all public places. Said Ordinance No. 534-1 reads in caption 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 Smith, Colson, Weber, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 509-30, AMENDING LAND USE ORDINANCE NO. 509, GRANTING A SPECIFIC USE PERMIT TO PISD TO CONSTRUCT AN ELEMENTARY SCHOOL IN AN R- 1 ZONING DISTRICT AND PROVIDING A PENALTY FOR VIOLATION THEREOF Ordinance No. 509-30 was read in caption by Councilmember Miller (Second and final reading). It was moved by Councilmember Miller, seconded by Councilmember Col- son, that Ordinance No. 509-30 be passed and approved on its second and final reading. Said Ordinance No. 509-30 reads in caption as follows: 122 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. NEW BUSINESS COUNCIL DECISION ON REQUEST FOR ABANDONMENT OF A TWENTY FOOT ACCESS EASEMENT IN BLOCK 8 OF GREEN TEE TERRACE TOWNHOUSES BY JOHN GARNER, AGENT FOR GLENN LILIE It was moved by Councilmember Smith, seconded by Councilmember Colson, that the request for abandonment of a twenty foot easement across Block 8 in Green Tee Terrace be granted. Motion passed 5 to 0. AUTHORIZATION FOR MAYOR TO TAKE NECESSARY ACTION BY ORDINANCE NO. 411- 1 REGARDING SALE OF ADVANCE REFUNDING BONDS BY BRAZORIA COUNTY MUNICI- PAL UTILITY DISTRICT NO. 2 Division Director Glen Erwin advised the City does not have any finan- cial obligation in this matter; however, its consent is needed to allow refinancing of these funds. Financial advisors to Municipal Utility District No. 2 discussed the restructuring of the district's debt through the sale of advance refunding bonds with Council. Some areas of discussion concerned the --- history of the district, possible annexation by the City, method of refinancing and which subdivisions this district encompasses. It was moved by Councilmember Weber, seconded by Councilmember Frank, that the Mayor be authorized to take the necessary action required by Ordinance No. 411-1 regarding sale of advance refunding bonds by Brazoria County MUD No. 2. Motion passed 5 to 0. ORDINANCE NO. 374-1, AMENDING CODE OF ORDINANCES AT CHAPTER 31, WRECK- ER SERVICE Division Director Glen Erwin informed the Council that this ordinance would have to be revised before its first reading and recommended Council pass it to a future meeting. Mr. Erwin's suggestion was misinterpreted and Ordinance No. 374-1 was read in caption and its adoption on first reading moved and seconded before it was determined it had been recommended that the first read- ing of the ordinance should be deferred to a future meeting. The maker and the seconder withdrew their respective motions and E, new motion was made by Councilmember Smith, seconded by Councilmembez Colson, that this item be passed to a future meeting. Motion passed 5 to 0. Mayor Coppinger welcomed a government student in the audience to the meeting. OTHER BUSINESS: None in, CITIZENS 1. Frances Jamison, FM 518. Ms. Jamison stated she had asked at the last Council meeting where $700,000 which had been allocated for a bridge over Yost Road had been moved to in the budget. Mrs. Jamison stated Mayor Coppinger indicated he would answer her question the next day and closed her remarks indicating she has not heard from the Mayor. Mayor Coppinger informed Ms. Jamison that he was later advised by legal counsel that due to pending litigation enacted by Ms. Jamison upon the City, all contact between r-- Ms. Jamison and the City should be between their respective attorneys. ADJOURNMENT The meeting adjourned at 8:42 P. M. Min tes approved as submitted and/or corrected this �� day of A. D., 1992. W C. V. Coppinger, Mayor ATTEST: el� Pat Jones, City Secretary