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1997-04-14 CITY COUNCIL REGULAR MEETING MINUTESA MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 14, 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 Councilmember Councilmember Councilmember Councilmember City Manager City Attorney Interim City Secretary Tom Reid Helen Beckman Richard Tetens Kevin Cole Larry Wilkins Paul Grohman Amy McCullough Wendy Standorf Others in attendance: Police Chief Mike Hogg; and Finance Director David Castillo. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Police Chief Mike Hogg and the Pledge of Allegiance was led by Councilmember Cole. APPROVAL OF MINUTES Councilmember Tetens made the motion, seconded by Councilmember Wilkins, to approve the minutes of the Joint Public Hearing held March 31, 1997, 6:00 p.m., the Joint Public Hearing held March 31, 1997, 6:15 p.m., the Public Hearing of March 31, 1997, the Regular Council Meeting of March 31, 1997, 7:30 p.m., and the Special Council Meeting of April 7, 1997, 6:00 p.m., as presented. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, and Cole. Voting "No" None Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT Mayor Reid reported that on April 1 he attended the AARP Meeting; on April 3 he attended the Southeast Economic Development Board Meeting, and the Library Board Meeting; on April 7 he attended the PEDC Meeting and the Special City Council Meeting; on April 9 he attended the Gulf Coast Water Authority Board of Director's Meeting, the Adult Reading Center Board Meeting, and the TML Region 14 Meeting; on April 10 he attended the Kawaina's Meeting and the Pearland High School Class A.C.T., and the Pearland Toastmaster's Banquet; on April 11 he attended the Chamber Breakfast and the visited Industry of the Year candidates. r13 5)4 COUNCIL ACTIVITY REPORTS Councilmember Beckman reminded everyone that on April 22 Clean Pearland would be participating in the Environmental Clean up. She also reported that on April 19 the Household Hazardous Waste would be held at the High School. On March 25 she attended the Clean Pearland Awards Dinner; on April 7 she attended the PEDC Meeting; on April 10 she attended the Pearland High School Class A.C.T.; on April 12 she attended the Scout Pancake Dinner; on April 14 she visited Industry of the Year candidates, and toured the County jail in Angleton with the Citizen Police Academy. Councilmember Tetens reminded staff that he is unable to attend meetings that begin at 6:00 p.m. Councilmember Wilkins commended those participating on the Cityview for doing exceptional work. CITY MANAGER'S REPORT City Manager Grohman reported that our Police Department is assisting the Friendswood Police Department as needed in the disappearance of Laura Smither. He also reported that Channel 40 is now on cable; the Southwest Environmental Center is under excavation; Centennial Blvd. is partially open and the State has authorized us to tie into SH 35; and the 2nd Mary's Creek bridge should be complete in about 60 days. CITIZENS None. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: SECOND READING OF ORDINANCE NO. 509-123, AN ORDINANCE OF THE CITY COUNCIL 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 6.312 ACRES OF LAND SITUATED IN THE NORTHEAST 1/4 (NE 1/4) OF SECTION 17, H.T. & B. R.R. CO. SURVEY, ABSTRACT 242, BRAZORIA COUNTY, TEXAS, 7408 BROADWAY ST. (APPLICATION NO. 110) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF FRED AND SHARON HERNANDEZ, AGENTS FOR JOSE C. RODRIGUEZ, 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. f36�1 Councilmember Cole made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 509-123 on its second and final reading. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins and Cole. Voting "No" None. Motion passed 4 to 0. City Attorney Amy McCullough advised Council that Ordinance No. 783 and Ordinance No. 509-124 could be acted upon together. SECOND READING OF ORDINANCE NO. 783, AN ORDINANCE EXTENDING THE CITY LIMITS 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; 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 CLAUSE AND SEVERABILITY CLAUSE. SECOND READING OF ORDINANCE NO. 509-124, AN ORDINANCE OF THE CITY COUNCIL 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 10.3945 ACRES, BEING THE NORTHERLY PORTION OF PROPOSED ALBERTSON'S-PEARLAND SUBDIVISION OF SECTION 9, H.T. &B. R.R. SURVEY, ABSTRACT 234. (APPLICATION NO. 199) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF TOM DECICCO, AGENT FOR ALBERTSON'S INC. & PEARLAND PLAZA PARTNERS, 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 Wilkins made the motion, seconded by Councilmember Cole, to approve Ordinance No. 783 and Ordinance No. 509-124 on their second and final reading. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins and Cole. Voting "No" None. Motion passed 4 to 0. SECOND READING OF ORDINANCE NO. 784, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT �9 37q OF A PRIVATE PERIMETER FENCE INTO A DEDICATED ROAD RIGHT-OF-WAY ALONG THE NORTHERN BORDER OF WEST OAKS VILLAGE, SECTION I -A, IN THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS. Councilmember Tetens made the motion, seconded by Councilmember Cole, to approve Ordinance No. 784, its second and final reading. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins and Cole. Voting "No" None. Motion passed 4 to 0. NEW BUSINESS: RESOLUTION NO. R97-23, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE AGREEMENTS WITH PROVIDERS FOR A DEFERRED COMPENSATION PLAN, CREDIT UNION PARTICIPATION, AND UNITED STATES SAVINGS BONDS INVESTMENTS FOR CITY EMPLOYEES. Councilmember Beckman made the motion, seconded by Councilmember Tetens, to approve Resolution No. R97-23. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins and Cole. Voting "No" None. Motion passed 4 to 0. FIRST READING OF ORDINANCE NO. 786, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING IN ITS ENTIRETY, CITY OF PEARLAND ORDINANCE NO. 559, WHICH ESTABLISHED PROCEDURES FOR ABANDONING AND OTHERWISE ALTERING PUBLIC RIGHTS-OF-WAY, AS IT MAY HAVE BEEN FROM TIME TO TIME, AMENDED, HAVING A SEVERABILITY CLAUSE, A REPEALER CLAUSE, A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE. Councilmember Cole made the motion, seconded by Councilmember Wilkins to approve Ordinance No. 786 on its first reading. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins and Cole. Voting "No" None. Motion passed 4 to 0. IA DIRECT STAFF TO SCHEDULE A PUBLIC HEARING ON MAY 9, 1997 AT 6:00 P.M. FOR THE AMENDMENT OF IMPACT FEES. Councilmember Tetens made the motion, seconded by Councilmember Wilkins to direct staff to schedule a Public Hearing on May 9, 1998 at 6:30 p.m. for the amendment of Impact Fees. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins and Cole. Voting "No" None. Motion passed 4 to 0. ADJOURNMENT Meeting was adjourned at 8:29 p.m. Minutes approved as submitted and/or corrected this the �� day of A.D., 1997. ATTEST: Secretary Tom Reid Mayor