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1994-10-10 CITY COUNCIL REGULAR MEETING MINUTES146 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 10, 1994, 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 Mayor Pro Tem/Councilmember Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary C. V. Coppinger David Smith D. A. Miller Richard Tetens Randy Weber Jerry Richardson Paul Grohman Amy Motes McCullough Pat Jones Others in attendance: Division Directors Glen Erwin and Richard Burdine, City Engineer John Hargrove, Health Officer John Hobson, and Police Chief Mike Hogg. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Richardson. The Pledge of Allegiance was led by Councilmember Weber. APPROVAL OF MINUTES It was moved by Councilmember Tetens, seconded by Councilmember Weber, that the minutes of the joint public hearings of September 26, 1994, be approved as presented. Motion passed 5 to 0. It was moved by Councilmember Tetens, seconded by Councilmember Weber, that the minutes of the regular meeting of September 26, 1994, be approved as presented. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger reported on the Safety Fair and the Fire Department's Open House, relating that both went well. Letters from citizens were read by Mayor Coppinger which commended Officers Kevin Corley and Jeff Murdock for recent respective police duties. Mayor Coppinger attended a Mayor's Breakfast hosted by the University of Houston at Clear Lake. The weekend bus trip was successful, Mayor Coppinger informed and asked Councilmembers to comment during their respective reports. Mayor Coppinger read another citizen letter written to David Smith and the EMS in appreciation of their efforts during an accident involving a fatality. Closing his report, Mayor Coppinger reported he attended the promotion ceremony for newly appointed Assistant Chief of Police Chris Doyle. COUNCIL ACTIVITY REPORTS Councilmember Miller had nothing to report at this time. Councilmember Tetens reported the bus trip went well with much learned about economic development. Mr. Tetens thanked Clean Pearland and the Chamber of Commerce, organizations which helped sponsor the trip. Councilmember Smith commented that his wife gave a favorable report on the bus trip. Councilmember Weber reported he attended the Police promotion ceremony and the Fire Department's Open House. The bus trip was successful, Mr. Weber reported, and encouraged the City to look at hiring a full time economic development coordinator. _ Councilmember Richardson reported his attendance at the promotion ceremony. Mr. Richardson stated the bus trip provided insight to the tax abatement issue as it relates to School Districts and discussed sharing of facilities and resources by both entities. Mayor Coppinger displayed copies of Pearland, Texas - A Centennial Celebration, the pictorial history book by Bartee Haile. Mr. Coppinger informed the,book was now on sale. CITY MANAGER'S REPORT City Manager Grohman reported on the International City Managers Association conference he recently attended. Mr. Grohman reported he would be speaking at the County Judges and Commissioners Association of Texas in Corpus Christi later this week. Mr. Grohman commended the Fire, EMS, and Police Departments for the success of the Safety Fair held in the Wal -mart parking lot on Saturday. Kid -fish was held at the City swimming pool and Mr. Grohman thanked Parks Director Hersh and Division Director Erwin for their involvement with this youth activity. City Manager Grohman commented at length on the benefits of the bus trip, noting that some of the benefits from the first trip were cooperatives with the School District, a revamped sign ordinance, facade ordinance, and landscape ordinance. This trip, Mr. Grohman reported, generated interest in economic development. Plans for economic development were discussed. Sidewalks are being poured along FM 518 and the bid for Centennial Park will be re -let within 30 to 60 days, Mr. Grohman stated, closing his report. CITIZENS: NONE DOCKETED PUBLIC HEARINGS: NONE UNFINISHED BUSINESS: NONE NEW BUSINESS PRESENTATION OF PROPOSED FOOD AND FOOD HANDLERS ORDINANCE Health Officer John Hobson gave an overview of this ordinance which updates the City's code. Mr. Hobson touched on the highlights of the ordinance and answered questions from Council. APPOINTMENT OF TWO MEMBERS TO THE BUILDING CODE BOARD OF ADJUSTMENTS AND APPEALS FOR FOUR YEAR TERMS TO FILL TERMS EXPIRING IN AUGUST, 1994 It was moved by Councilmember Richardson, seconded by Councilmember Weber, that Lloyd Kern be reappointed and Bill Walsh be appointed to the Building Code Board of Adjustments and Appeals for four year terms. Motion passed 5 to 0. ACCEPTANCE OF RESIGNATION OF RONALD PARKER FROM BUILDING CODE BOARD OF ADJUSTMENTS AND APPEALS AND APPOINTMENT OF INDIVIDUAL TO FILL HIS TERM WHICH EXPIRES IN AUGUST, 1996 It was moved by Councilmember Richardson, seconded by Councilmember Weber, that the resignation of Ronald Parker be accepted and Bob Campbell be appointed to fill the term which expires in August, 1996, on the Building Code Board of Adjustments and Appeals. Motion passed 5 to 0. APPOINTMENT OF TWO MEMBERS TO THE GAS AND PLUMBING CODE BOARD OF ADJUSTMENTS AND APPEALS FOR FOUR YEAR TERMS TO FILL TERMS EXPIRING IN AUGUST, 1994 It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Rodney Pampell and Del Sears be reappointed to the Gas and Plumbing Code Board of Adjustments and Appeals for four year terms. Motion passed 5 to 0. ACCEPTANCE OF RESIGNATION OF GARY WALTERS FROM PARKS BOARD AND APPOINTMENT OF INDIVIDUAL TO FILL HIS TERM WHICH EXPIRES IN SEPTEMBER, 1995 It was moved by Councilmember Smith, seconded by Councilmember Richardson, that the resignation of Gary Walters from the Parks Board be accepted and that Larry Wilkins be appointed to fill the term which expires in September, 1995. Motion passed 5 to 0. APPOINTMENT OF FIVE MEMBERS TO THE BOARD OF THE PEARLAND INDUSTRIAL DEVELOPMENT CORPORATION It was moved by Councilmember Smith, seconded by Councilmember Richardson, that Dennis Frauenberger, Preston Bullard, Ed Grisham, Zolton Olah, and Calvin Collier be reappointed to the Board of the Pearland Industrial Development Corporation. Motion passed 5 to 0. ORDINANCE NO. 509-54, AMENDING LAND USE ORDINANCE, AT REQUEST OF IRA WILLIAM AND REBECCA ANN HUBBARD, FOR SPECIFIC USE PERMIT TO ALLOW RATITES (EMUS) TO BE RAISED IN A SINGLE FAMILY DWELLING DISTRICT Ordinance No. 509-54 was read in caption by Councilmember Richardson. It was moved by Councilmember Richardson, seconded by Councilmember Smith, that Ordinance No. 509-54 be passed and approved on its first of two readings. Said Ordinance No. 509-54 reads in caption as follows: ORDINANCE NO. 509-54 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 GRANTING A SPECIFIC USE PERMIT TO ALLOW RATITES (EMUS) TO BE RAISED IN A SINGLE FAMILY DWELLING DISTRICT (R-2) ON LOT 6, BLOCK 1, MALONE SUBDIVISION, IN THE H.T. & B.R.R. CO. SURVEY, SECTION 5, A-237, BRAZORIA COUNTY, TEXAS (2255 N. HATFIELD) AT THE REQUEST OF IRA WILLIAM AND REBECCA ANN HUBBARD, OWNERS; PROVIDING FOR AN AMENDMENT TO THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE; AND OTHER PROVISIONS RELATED TO THE SUBJECT. Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber, and Richardson. Voting "No" - None. Motion passed 5 to 0. AWARD OF BID NO. B94-16, ALL TERRAIN RIDING MOWER Council considered a bid from Brookside Equipment Sales, Inc. Division Director Richard Burdine stated Staff's recommendation is _ to purchase the demonstrator model at an 8% savings for a cost of $22,900. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Bid No. R94-16 be awarded to Brookside Equipment Sales in the amount of $22,900. Motion passed 5 to 0. ORDINANCE NO. 678, ESTABLISHING A CURFEW FOR PERSONS UNDER THE AGE OF 17 YEARS AND OTHER PROVISIONS RELATED THERETO Ordinance No. 678 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Smith, that Ordinance No. 678 be passed and approved on its first of two readings. Said Ordinance No. 678 reads in caption as follows: ORDINANCE NO. 678 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING A CURFEW FOR PERSONS UNDER THE AGE OF 17 YEARS, BETWEEN 11:00 P. M., ON ANY SUNDAY, MONDAY, TUESDAY, WEDNESDAY, OR THURSDAY AND 6:00 A. M. ON THE FOLLOWING DAY, BETWEEN THE HOURS OF 12:01 A. M. AND 6:00 A. M. ON ANY SATURDAY OR SUNDAY, AND BETWEEN THE HOURS OF 9:00 A. M. AND 2:30 P. M. FOR SCHOOL -AGED CHILDREN ON SCHOOL DAYS; PROVIDING IT UNLAWFUL FOR ANY PERSON SUBJECT TO A CURFEW HEREUNDER TO REMAIN IN ANY PUBLIC PLACE OR ON THE PREMISES OF ANY ESTABLISHMENT WITHIN THE CITY DURING CURFEW HOURS; PROVIDING IT UNLAWFUL FOR ANY PARENT OR GUARDIAN OF A PERSON SUBJECT TO A CURFEW HEREUNDER TO KNOWINGLY PERMIT, OR BY INSUFFICIENT CONTROL, ALLOW SUCH PERSON TO REMAIN IN ANY PUBLIC PLACE OR ON THE PREMISES OF ANY ESTABLISHMENT WITHIN THE CITY DURING CURFEW HOURS; PROVIDING IT UNLAWFUL FOR ANY PERSON OWNING, OPERATING, OR IN THE EMPLOYMENT OF ANY ESTABLISHMENT IN THE CITY TO KNOWINGLY ALLOW A PERSON SUBJECT TO A CURFEW HEREUNDER TO REMAIN ON THE PREMISES OF SUCH ESTABLISHMENT DURING CURFEW HOURS; PROVIDING DEFENSES TO PROSECUTION FOR VIOLATIONS HEREUNDER; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR TIMELY REVIEW AND ANALYSIS OF SAID ORDINANCE TO DETERMINE ITS EFFECTIVENESS; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR CODIFICATION, AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Citizen Input: 1. Gwen Naiser, 2505 Walnut Hollow. Ms. Naiser questioned whether there would be a differentiation between summer and school hours. Ms. Naiser also stated that many juveniles work in retail and do not finish work until 9:00 or 9:30 P. M. and attending a movie would put them in violation of the curfew. 2. Bill Weisheit, 5014 Apple Springs. Mr. Weisheit spoke against the curfew, stating the actions of a few shouldn't restrict the rights of others. Mr. Weisheit listed many reasons for his opposition, among them not enough officers to enforce and concern that the ordinance would not be evenly enforced. 150 Police Chief Hogg discussed at length the need for the ordinance, citing gang statistics and noting that minors not involved in gangs sometimes get into mischief. This will give us a tool, Chief Hogg related, to at least question a youngster about his presence and the first action will be to contact the parent, if needed. It was brought out that the School District is in support of this ordinance. Citizen Input: CONTINUED 3. Judith Mabry, 2005 Deepbrook. Ms. Mabry spoke in support of the ordinance, stating youngsters did not need to be out after midnight. 4. Clyde Duplissey, 2311 Goodrich. Mr. Duplissey cautioned about the adoption of rules and regulations as they affect us all. The actions of a small percentage are causing 99.5% to be penalized, he said. Councilmember Smith stated he understood the concerns of those expressing opposing viewpoints, but his involvement with the Emergency Medical Service and dealing with minors in the morning hours has given him a different outlook on the situation. Mr. Smith stated his support of the ordinance. Councilmember Weber expressed his support, citing personal cases of vandalism at his home occurring after midnight. Councilmember Miller questioned what communities have adopted a curfew ordinance. It was reported Houston and Pasadena have and that Alvin and Friendswood are considering it. Mr. Miller noted that Houston and Pasadena are quite a bit different from Pearland. Councilmember Richardson thanked those with varying viewpoints while expressing his support of the ordinance. Upon call for the question, Council voted as follows: Voting "Aye" - Councilmembers Richardson, Weber, Smith, and Tetens. Voting "No" - Councilmember Miller. Motion passed 4 to 1. MOTION REGARDING JUDGMENT AGAINST JAMISON HOMESTEAD At the instruction of City Attorney McCullough, Councilmember Smith read the following motion verbatim into the records: I move that the City of Pearland commit itself to execution and delivery of an unconditional release of its part of any judgment as to the homestead of Frances Jamison at such time as the release is made necessary by sale, execution, financing agreement or other valid legal reason. This motion is made upon the condition that Mrs. Jamison make a homestead designation which conforms with the laws of the State of Texas within a reasonable time. I further move that the City of Pearland not proceed to execute upon its interest in the attorney's fee judgment in Cause No. 87-R- 1889 at this time. Motion was seconded by Councilmember Weber. City Manager Grohman stated it was Mrs. Jamison's responsibility to .� declare her homestead. Motion passed 5 to 0. OTHER BUSINESS: NONE ADJOURNMENT The meeting adjourned at 9:57 P. M. 151 Min es approved as submitted and/or corrected this —1 day of A. D., 1994. e�z� "'t C. V. ropfidger, yor ATTEST: Pat Jones, ty Secretary, TRMC