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1996-03-25 CITY COUNCIL REGULAR MEETING MINUTES-v MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MARCH 25, 1996, 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/Councilmember Richard Tetens Councilmember Jerry Richardson Councilmember Helen Beckman Councilmember Randy Weber Councilmember Kevin Cole City Manager Paul Grohman City Attorney Amy McCullough Asst. City Secretary Wendy Standorf Others in attendance: Assistant City Manager Glen Erwin; Police Chief Mike Hogg; City Engineer John Hargrove; Economic Development Director Jim Berry; and Parks & Recreation Director Ed Hersh. Absent: City Secretary Yolanda Benitez and Assistant City Manager Richard Burdine. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Cole, and the Pledge of Allegiance was led by Scout Troop 466. APPROVAL OF MINUTES Councilmember Tetens moved that the minutes of the Joint Public Hearing of March 11, 1996, 6:00 p.m., be approved as presented. Councilmember Richardson seconded the motion. Motion passed 4 to 0 with Councilmember Weber abstaining as he was absent from that hearing. Councilmember Tetens moved that the minutes of the Regular Meeting held on March 11, 1996, 7:30 p.m., be approved as presented. Councilmember Richardson seconded the motion. Motion passed 4 to 0 with Councilmember Weber abstaining as he was absent from that meeting. MAYOR'S ACTIVITY REPORT Mayor Reid and Councilmember Beckman presented the proclamation naming the month of April as Keep America Beautiful month to the President of Clean Pearland, James Birdsong, and board members Stella Roberts and Delores Fenwick. It was announced that the Jamison Kippers will be hosting their Environmental Fair on April 24th from 4:30 p.m. to 6:30 p.m. and the Mayor will dedicate their arboretum. Stella Roberts noted that Clean Pearland is kicking off their membership drive tonight (March 25) and it will last through the end of April. Delores Fenwick announced that there will be a community- wide clean-up on Saturday, April 13th, starting at 7:30 a.m. at the Lions Club. 14614 1421 Mayor Reid and Police Chief Mike Hogg presented the proclamation naming the month of April as Child Abuse Prevention month to James Birdsong, representing the Pearland Exchange Club. Mayor Reid presented a proclamation to Bill Cowart in recognition of his obtaining the rank of Eagle Scout as a member of Boy Scout Troop 466. Mayor explained the procedures involved in the attainment of the Eagle Scout rank, and the steps involved in the performance of a service project which is one of the requirements. Mr. Cowart stated that he was very proud of his son, and encouraged more youth to participate in the scouting program and to attain their Eagle Scout rank, as well. Mayor Reid reported on his activities during the past two weeks which included: Metallurgical Technology, Inc.'s groundbreaking on March 12; Green Tee Homeowner's Association meeting on March 13; presented a speech at Bill Cowart's Eagle Scout Award ceremony on March 18; HGAC Board of Directors meeting on March 19; a Community Prayer Service at 2nd Baptist Church on the evening of March 19 and a Library Board meeting immediately following; Chamber of Commerce luncheon on March 20 and the BCCA meeting that evening; a Strategic Planning meeting on March 21; a Police Promotion Ceremony on March 22; the Faith Community Church groundbreaking on March 23 in the morning, and an Eagle Scout Award banquet that evening at the Methodist Church where four young men received their Eagle Scout; Commissioner's Court meeting on March 25 in the morning where he was appointed as a member of the Tax Abatement Review Committee. COUNCIL ACTIVITY REPORTS Councilmember Richardson reported that he attended the State of the County luncheon presented by the Chamber of Commerce on March 20. Councilmember Weber reported that he attended the Chamber of Commerce luncheon on March 20, the Citywide Prayer meeting on March 19, the BCCA meeting on the evening of March 20, and the Police Department Promotion Ceremony on March 22 where Tom Moncrief and Jack Cowan were promoted to the rank of Sergeant. Councilmember Tetens stated that he attended the MTI Reception on March 12 and the BCCA meeting on March 20th. Councilmember Cole reported that he attended the groundbreaking ceremony for MTI on March 12 and the reception held that evening; and attended the Chamber of Commerce luncheon on March 20. He pointed out that the only area in the county that had positive trends in their tax base was the City of Pearland. Councilmember Cole also met with the Chamber at 3:30 p.m. that same afternoon regarding alternative signage. Councilmember Beckman reported that while she was on vacation, she visited the City of Blacksburg, Virginia, where they have a very successful electronic village. On her way back to Texas, she stopped in Gaffney, Georgia to view their water tank "Peachoid" which is in the shape of a peach. Councilmember Beckman then asked about having a water tank in the shape of a pear. Mayor Reid introduced Rudy Garcia, who is a candidate for Assessor -Collector, and his son Anthony. CITY MANAGER'S REPORT City Manager Paul Grohman reported on the following: 1) The Police Department Promotion ceremony was held whereby Tom Moncrief and Jack Cowan were promoted to Sergeant. 2) Crime statistics are down dramatically. 3) We have a new ambulance in service, so there are now five running on a regular basis. 4) A new fuel accounting system has been put in place at the Service Center. 5) Strategic Planning effort is moving along. 6) Clean Pearland has started a new paper recycling program. 7) The pavilion project is well underway. 8) Metallurgical Technologies, Inc will be creating about 80 jobs and will be open in June. 9) Western Atlas is doing an expansion in the City of • Pearland and will be creating about 35 jobs. 10) Best Western will have their grand opening on April 9th. 11) Texas Honing was able to buy three acres from MTI for expansion. 12) The Washington -Irving project is nearly complete. 13) The Parks misinformation that has been circulating throughout the community and pointed out the various programs offered by the Parks & Recreation Department. 14) The various programs offered by the Police Department such as D.A.R.E., SRO, and Teen Court. Mr. Grohman also stated he was very proud of the Parks and Police Departments for all the work they do for the City of Pearland and its citizens. CITIZENS: John Destin - 2940 Waterloo and Nancy Taylor - 2212 Lady Leslie. Mr. Destin and Ms. Taylor appeared before Council to thank the Mayor and Council for the support that is provided to their subdivision (Banbury Cross). They also invited the Council on behalf of the Homeowners Association to the Hyde Park dedication and meeting to be held on April 20th at 11:00 a.m. Everyone is to bring a sack lunch. They also expressed their appreciation to Ed Hersh for all his assistance. 2. Mitchell Macha - 3710 Stevenwood, Alvin, TX. Mr. Macha addressed the Council with regard to the City of Alvin's desire to bring in Houston garbage to the City of Alvin. He commented that he was at the point where he would like to invite Alvin citizens to attend a City of Pearland Council meeting to see how open government works. He requested that the City of Pearland approach the City of Alvin with a resolution in opposition of this proposed project. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: SECOND READING OF ORDINANCE NO. 509-68 - AN ORDINANCE 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 0.252 ACRES OF LAND OUT OF LOT 46 E-1 AND 0.103 ACRES OF LAND, MORE OR LESS, OUT OF LOT 46 E-2 FOR A TOTAL OF 0.355 ACRES OUT OF TRACT 46 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SECTION 8, F.B. DRAKE SURVEY, ABSTRACT 504, BRAZORIA COUNTY, TEXAS (6609 BROADWAY) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF RAY WHALEY, 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 Beckman moved for the approval of Ordinance No. 509-68 on its second and final reading. The motion was seconded by Councilmember Tetens. Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber and Richardson. Voting "No" - None. Motion passed 5 to 0. NEW BUSINESS: PRESENTATION OF AUDIT FOR FISCAL YEAR ENDING SEPTEMBER 30, 1995, BY LAIRSON-STEPHENS-REIMER, P.C. AND ACCEPTANCE OF AUDIT INTO RECORDS OF THE CITY. City Manager Grohman introduced Bob Stephens of Lairson-Stephens-Reimer, P.C. who presented and reviewed the high points of the City of Pearland's audit. He pointed out that the City has continuously received Certificates of Achievement for their financial reporting. Mr. Stephens noted that we compare most closely with the City of Sugarland and that we stand in the upper tier with very efficient operations and planning efforts. Councilmember Weber moved to acceptthe audit presented by Lai rson-Stephens-Reimer, P.C., seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber and Richardson. Voting "No" - None. Motion passed 5 to 0. EXCUSED ABSENCE FOR COUNCILMEMBER RANDY WEBER FROM THE PUBLIC HEARING AND REGULAR CITY COUNCIL MEETING HELD ON MARCH 11, 1996. Councilmember Richardson moved to excuse Councilmember Randy Weber from the Public Hearing and Regular City Council meeting held on March 11, 1996. The motion was seconded by Councilmember Tetens. Voting "Aye" - Councilmembers Richardson, Tetens, Cole and Beckman. Voting "No" - None. Motion passed 4 to 0. APPOINTMENT OF ONE (1) MEMBER TO THE ELECTRICAL BOARD. Councilmember Tetens moved to reappoint Chris Brooks to the Electrical Board. The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber and Richardson. Voting "No" - None. Motion passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 721 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING STOP SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON PARK IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH WALNUT, AND UPON PARK IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH PEAR; UPON KNAPP IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH MYKAWA, UPON MYKAWA IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH KNAPP, AND UPON MYKAWA IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH KNAPP, CREATING A THREE- WAY STOP AT KNAPP AND MYKAWA; 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 STOP SIGNS AT INTERSECTIONS INURES TO THE BENEFIT OF THE TRAVELLING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Councilmember Cole moved for the adoption of Ordinance No. 721 on its first and only reading. The motion was seconded by Councilmember Beckman. Voting "Aye" - Councilmembers Richardson, Weber, Tetens, Cole and Beckman. Voting "No" - None. Motion passed 5 to 0. AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO COMMISSION AGREEMENT WITH AT&T, WHICH REFLECTS A NEW COMMISSION RATE, FOR PURPOSES OF RECEIVING COMMISSIONS FROM PUBLIC TELEPHONES LOCATED WITHIN THE CITY. Councilmember Tetens moved to authorize the City Manager or his designee to enter into commission agreement with AT&T, which reflects a new commission rate, for purposes of receiving commissions from public telephones located within the City. The motion was seconded by Councilmember Cole. Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber and Richardson. Voting "No" - None. Motion passed 5 to 0. FIRSTAND ONLY READING OF ORDINANCE NO. 722 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING PUBLIC CONVENIENCE AND NECESSITY FOR A PUBLIC ROAD PROJECT, KNOWN AS CENTENNIAL BOULEVARD AND OILER ROAD AND ASSOCIATED IMPROVEMENTS; AUTHORIZING THE CITY ATTORNEY, OR HER DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONSAS 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 PUBLIC RIGHTS-OF- WAY BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Councilmember Weber moved for the adoption of Ordinance No. 722 on first and only reading. The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber and Richardson. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R96-16 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, PROHIBITING THE CARRYING OF CONCEALED HANDGUNS AND ANY TYPE OF FIREARM ON CITY -OWNED OR LEASED PREMISES; DIRECTING THE CITY MANAGER TO POST THE APPROPRIATE NOTICE THAT POSSESSION OF A CONCEALED HANDGUN AND ANY TYPE OF FIREARM ON CITY -OWNED OR LEASED PREMISES IS PROHIBITED; ESTABLISHING AN EXCEPTION FOR LICENSED PEACE OFFICERS; AUTHORIZING THE CITY MANAGER TO TAKE THOSE STEPS REASONABLE AND NECESSARY TO DENY ENTRY ONTO CITY -OWNED OR LEASED PREMISES BY PERSONS CARRYING CONCEALED HANDGUNS AND FIREARMS OF ANY TYPE; AND PROVIDING AN EFFECTIVE DATE. Lengthy discussion with a question and answer period followed with regard to this resolution. Councilmember Richardson moved for the adoption of Resolution No. R96-16, seconded by Councilmember Beckman. Voting "Aye" - Councilmembers Beckman, Tetens and Richardson. Voting "No" - Councilmembers Weber and Cole. Motion passed 3 to 2. OTHER BUSINESS: None ADJOURNMENT Meeting was adjourned at 9:29 p.m. Minutes approved as submitted and/or corrected this the day of A. D., 1996. ��, �2j om Reid Mayor ATTEST: 0�� Wendy Sta rf Assistant Ci Secretary