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1997-05-12 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MAY 12,1997,7:30 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 City Secretary Tom Reid Larry Wilkins Helen Beckman Richard Tetens Kevin Cole Paul Grohman Amy McCullough Young Lorfing Others in attendance: Assistant City Manager Richard Burdine; Director of Administrative Services Mary Hickling; Project Coordinator Alan Mueller; Police Chief Mike Hogg; Executive Director Economic Development Corporation Glen Erwin; Parks and Recreation Director Ed Hersh; Emergency Medical Service Coordinator David Smith; and Assistant Administrative Services Director Wendy Standorf. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Wilkins and the Pledge of Allegiance was led by Young Lorfing, City Secretary APPROVAL OF THE MINUTES Councilmember Tetens made the motion, seconded by Councilmember Wilkins to approve the minutes of the Joint Public Hearing and Regular Council Meetings held on April 28, 1997. Voting "Aye" Councilmembers Beckman, Wilkins and Tetens. Voting "No" None Councilmember Cole abstained. Councilmember Richardson was absent from the chamber on the second and final reading. MAYOR'S ACTIVITY REPORT Mayor Tom Reid advised that due to the length of the agenda he would dispense with the activity reports except'for two items of importance. Councilmember Beckman advised that the Adult Reading Center will be moving in about a month to the Neighborhood Center Building at the old City Hall, and that they are having a book sale on Thursday, Friday and Saturday, May 14, 15, and 16. Mayor Reid presented City Manager Paul Grohman a Proclamation proclaiming the Week of May 18-24, 1997 National Public Works Week. Council Activity Reports Due to the length of the meeting, Councilmembers dispensed with the reading of their reports. CITY MANAGER'S REPORT David Smith, Emergency Manager Director presented Mayor, Council and City Manager Grohman, a copy of the Hurricane Polly exercise results. David Smith advised that the Governor has proclaimed May 18-24 Hurricane Awareness Week in Texas. CITIZEN'S None. Mayor Reid formally recessed the Regular Council Meeting. Mayor Reid formally opened the Docketed Public Hearing DOCKETED PUBLIC HEARINGS: PINE HOLLOW RIGHT OF WAY ABANDONMENT Purpose of Hearing: TO CONSIDER THE PINE HOLLOW RIGHT OF WAY ABANDONMENT ON THE FOLLOWING DESCRIBED PROPERTY TO -WIT: Field note description of 0.7439 acres (32,403 square feet) of land, being a portion of that certain 40 -foot wide road right-of-way out of lots 31, 35, 36, 41, and 42 of the George W. Jenkins Subdivision of 306.38 acres as recorded in Volume 2, Page 20, of the Brazoria County Deed Records, located in the James T. Perry and Emily Austin League, Abstract No. 111, Brazoria County, Texas, and also being a part of that certain called 187.084 acre tract conveyed to Houston Pine Hollow Associates, Limited by Deed recorded under Brazoria County Clerk's File No. 95-001759 of the official records of Brazoria County, Texas. Councilmember Wilkins read the purpose of the docketed public hearing into the record. STAFF REVIEW OF THE PROPOSED RIGHT OF WAY ABANDONMENT: City Attorney Amy McCullough reviewed a copy of the Plat of the said property, and advised that Renee West is the developer of the Pine Hollow Subdivision. This an unconstructed Right of Way has never been plated. West Development is asking for abandonment of this property. All the information that is required under the Abandonment Ordinance has been submitted. They have complied with the stipulations, paid the fee that is required, provided their Attorney's Opinion letter, and are asking for abandonment of this portion of the Right of Way. CITIZENS COMMENTS: None. COUNCIL/STAFF DISCUSSION: None. ADJOURNMENT OF DOCKETED PUBLIC HEARING: The Right of Way Abandonment hearing was adjourned at 7:50 p.m. Council returned to Regular Open Session at 7:50 p.m. UNFINISHED BUSINESS: City Attorney Amy McCullough advised Mayor Reid that items 1 & 2 can be taken together. SECOND READING OF ORDINANCE NO. 509-126 - 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 LOT 2, BLOCK 1, GABRIEL ENTERPRISES SUBDIVISION, APPROXIMATELY .5165 ACRES, RECORDED IN VOLUME 19, PAGES 291-292 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS. (APPLICATION NO. 114) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF LEO J. GABRIEL III, 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. SECOND READING OF ORDINANCE NO. 509-127- 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 2.00 ACRES OUT OF LOT 23, ALLISON-RICHEY GULF COAST HOME CO. SUBURBAN GARDENS SUBDIVISION, SECTION 8, H.T. & B. R.R., A-504, RECORDED IN VOL. 2, PAGE 23 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS. (APPLICATION NO. 116) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF GEORGE H. McCAA, 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 Cole moved for the adoption of Ordinance No. 509-126 & 509-127 on its second and final reading. The motion was seconded by Councilmember Tetens. Mayor Reid called for the vote on Ordinance No. 509-126. Voting "Aye" - Councilmembers Beckman, Tetens, Wilkins and Cole. Voting "No" - None. Motion passed 4 to 0. Councilmember Richardson was absent from the chamber on the second and final reading. Mayor Reid called for the vote on Ordinance No. 509-127 Voting "Aye" - Councilmembers Cole, Wilkins, Tetens and Beckman. Voting "No" - None. Motion passed 4 to 0. Councilmember Richardson was absent from the chamber on the second and final reading. City Attorney Amy McCullough advised Mayor Reid items 3 & 4 can be taken together. SECOND READING OF ORDINANCE NO. 509-129, 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 2.00 ACRES OUT OF LOT 178, ZYCHLINSKI SUBDIVISION, SECTION 28, H.T. & B. R.R. SURVEY, A-551, (G.C. SMITH SURVEY), RECORDED IN VOL. 593, PAGE 407 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, 17605 SH 35. (APPLICATION NO. 207) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL DISTRICT (M2) AT THE REQUEST OF PRO -LINE WATER SCREEN SERVICES, INC., AGENT FOR GATECH ENTERPRISES, INC., 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. SECOND READING OF ORDINANCE NO. 509-130, 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 2.7106 ACRES OUT OF LOT 178, ZYCHLINSKI SUBDIVISION, SECTION 28, H.T. & B. R.R. SURVEY, A-551, (G.C. SMITH SURVEY), RECORDED IN VOL. 29, PAGE 9 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, 17635 SH 35. (APPLICATION NO. 208) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL DISTRICT (M2) AT THE REQUEST OF GATECH ENTERPRISES, INC., 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 moved for the adoption of Ordinance No. 509-129 & 509-130 on its second and final reading. The motion was seconded by Councilmember Tetens. Mayor Reid called for the vote on Ordinance No. 509-129. Voting "Aye" - Councilmembers Beckman, Tetens, Wilkins and Cole. Voting "No" - None. Motion passed 4 to 0. Councilmember Richardson was absent from the chamber on the second and final reading. Mayor Reid called for the vote on Ordinance No. 509-130 Voting "Aye" - Councilmembers Cole, Wilkins, Tetens and Beckman. Voting "No" - None. Motion passed 4 to 0. Councilmember Richardson absent from the chamber on the second and final reading. SECOND READING OF ORDINANCE NO. 788, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING A PROCEDURE FOR ABANDONING, ALTERING, CLOSING, AND VACATING STREETS, ALLEYS, AND OTHER PUBLIC RIGHTS-OF-WAY AND PORTIONS THEREOF WITHIN THE CITY OF PEARLAND; CONTAINING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT. Councilmember Tetens moved for the adoption of Ordinance No. 788 on its second and final reading. The motion was seconded by Councilmember Cole. Mayor Reid called for the vote on Ordinance No. 788 Voting "Aye" - Councilmembers Beckman, Tetens, Wilkins and Cole. Voting "No" - None. Motion passed 4 to 0. Councilmember Richardson absent from the chamber on the second and final reading. NEW BUSINESS: ISSUANCE OF CERTIFICATE OF ELECTION TO NEWLY ELECTED OFFICIALS: Mayor Reid issued the Certification of Election to Richard Tetens Council Position No. 2 and William Berger Council Position No. 4 ADMINISTRATION OF OATH OF OFFICE TO NEWLY ELECTED OFFICIALS: Mayor Reid administered the Oath of Office to Richard Tetens Council Position No.2 William Berger Council Position No.4 Mayor Reid recessed Council Meeting at 8:06 p.m. for refreshments and a reception for the newly elected Council Members. Mayor Reid called the Meeting back to session at 8:30 p.m. ELECTION OF MAYOR PRO -TEM: Councilmember Wilkins moved to nominate Helen Beckman for Mayor Pro -Tem. The motion was seconded by Councilmember Tetens. Voting "Aye" - Councilmembers Cole, Berger, Beckman, Tetens and Wilkins. Voting "No" - None. Motion passed 5 to 0. DIRECT STAFF TO RESCHEDULE A PUBLIC HEARING FROM MAY 19, 1997, TO JUNE 23, 1997, AT 6:30 P.M. FOR THE AMENDMENT OF IMPACT FEES. Councilmember Tetens moved to direct staff to reschedule a Public Hearing from May 19, 1997, at 6:30 p.m., to June 23, 1997, at 6:30 p.m. for the amendment of Impact Fees. The motion was seconded by Councilmember Berger. City Manager Grohman advised Council that one of the Newspapers, failed to publish the notice as requested by Staff and required by Statue. Staff will have to start the process over again. Voting "Aye" - Councilmembers Beckman, Tetens, Wilkins, Berger and Cole. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R97-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT THREE PROJECT APPLICATIONS TO THE HOUSTON-GALVESTON AREA COUNCIL FOR INCLUSION IN THE 1998-2000 TRANSPORTATION IMPROVEMENT PLAN, FOR THE WIDENING OF DIXIE FARM ROAD TO FOUR LANES FROM BEAMER ROAD TO SH. 35, EXTENSION OF HUGHES ROAD TO FM 518, AND CONSTRUCTION OF A GRADE SEPARATION AT MAGNOLIA STREET AND THE BURLINGTON NORTHERN AND SANTA FE RAILWAY; AND ALLOCATING 20% MATCHING FUNDS FOR THE CONSTRUCTION OF EACH PROJECT. Councilmember Berger moved for the adoption of Resolution No. R97-26. The motion was seconded by Councilmember Cole. Voting "Aye" - Councilmembers Wilkins, Tetens, Beckman, Berger and Cole. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R97-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND , TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY TO THE TEXAS DEPARTMENT OF TRANSPORTATION FOR GRANT FUNDS TO CONDUCT A SAFE AND SOBER WAVE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM. Councilmember Beckman moved for the adoption of Resolution No. R97-30. The motion was seconded by Councilmember Wilkins. Voting "Aye" - Councilmembers Wilkins, Tetens, Beckman, Berger and Cole. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R97-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AND AUTHORIZING EXECUTION OF AN INTERLOCAL INVESTMENT AGREEMENT FOR PARTICIPATION IN THE LONE STAR INVESTMENT POOL, DESIGNATING THE POOL AS AN AGENCY AND INSTRUMENTALITY, APPROVING INVESTMENT POLICIES OF THE POOL, APPOINTING AUTHORIZED REPRESENTATIVES, AND DESIGNATING INVESTMENT OFFICERS. Councilmember Tetens moved for the adoption of Resolution No. R97-27. The motion was seconded by Councilmember Cole. Voting "Aye" - Councilmembers Wilkins, Tetens, Beckman, Berger and Cole. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R97-28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING MISCELLANEOUS RESOLUTIONS AND AMENDING RESOLUTION NO. R94-32, REGARDING RULES OF PROCEDURE AND ORDER OF BUSINESS FOR THE CITY COUNCIL, FOR THE PURPOSE OF CONSOLIDATING SAID PROCEDURES AND CLARIFYING LANGUAGE REGARDING THE RESCHEDULING OF THE CITY COUNCIL MEETINGS; CONTAINING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Councilmember Wilkins moved for the adoption of Resolution No. R97-28. The motion was seconded by Councilmember Cole. Voting "Aye" - Councilmembers Wilkins, Tetens, Beckman, Berger and Cole. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R97-29- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE RESOLUTION OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 2 AUTHORIZING THE ISSUANCE OF $4,380,000 WATERWORKS AND SEWER SYSTEM COMBINATION UNLIMITED TAX AND REVENUE BONDS, SERIES 1997. Councilmember Cole moved for the adoption of Resolution No. R97-29. The motion was seconded by Councilmember Tetens. Voting "Aye" - Councilmembers Wilkins, Tetens, Beckman, Berger and Cole. Voting "No" - None. Motion passed 5 to 0. FIRST AND ONLY READING ORDINANCE NO. 737-2, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 737, THE BUDGET ORDINANCE, BY AUTHORIZING CERTAIN ADDITIONS AND REDUCTIONS 1N GENERAL FUND, WATER & SEWER FUND, PEDC FUND, AND CAPITAL PROJECTS FUND LINE ITEMS FOR MUNICIPAL PURPOSES; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ADJUST THE CITY BUDGET BEARS DIRECTLY UPON THE HEALTH, SAFETY AND PUBLIC WELFARE OF THE CITIZENRY. Councilmember Berger moved for the adoption of Ordinance No. 737-2 - on its First and only reading. The motion was seconded by Councilmember Cole. Voting "Aye" - Councilmembers Wilkins, Tetens, Beckman, Berger and Cole. Voting "No" - None. Motion passed 5 to 0. COUNCIL ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO. 122) AT THE REQUEST OF E. MAURIS HARDCASTLE, AGENT FOR BOB YORK, OWNER FOR AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF SAID CITY CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT(M-1) ON THE FOLLOWING PROPERTY, TO - WIT: LOT 3 OF THE EAST '/2 OF THE NW '/4 OF SEC. 15, HTBRR CO., A-241, BRAZORIA COUNTY, TEXAS, RECORDED IN VOLUME 441, PAGE 265 OF THE DEED --� RECORDS. (5518 BROADWAY) Councilmember Beckman moved to accept the recommendation of the Planning and Zoning Commission to deny Application No. 122. The motion was seconded by Councilmember Tetens. Voting "Aye" - Councilmembers Wilkins, Tetens, Beckman, Berger and Cole. Voting "No" - None. Motion passed 5 to 0. City Attorney Amy McCullough advised Mayor Reid items 12 & 13 can be taken together. FIRST READING OF ORDINANCE NO. 509-133 - 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 THE EAST '/2 OF LOT 64, HTBRR CO. SURVEY, SECTION 9, A-234, BRAZORIA COUNTY, TEXAS, RECORDED IN VOLUME 113, PAGE 241 OF THE DEED RECORDS. (APPLICATION NO. 117) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF E. MAURIS HARDCASTLE, AGENT FOR FRANCES POWELL ADAMS, 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. FIRST READING OF ORDINANCE NO. 509-134 -, 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 LOTS 1 AND 2 OF SKYWAY MANOR SUBDIVISION, AND IN ADDITION IN BRAZORIA COUNTY, TEXAS, AS RECORDED IN VOLUME 7, PAGE 67 OF THE PLAT RECORDS. (APPLICATION NO.118) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF E. MAURIS HARDCASTLE, AGENT FOR ROBERT L. PETTY, 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 Tetens moved for the adoption of Ordinance No. 509-133 and 509- 134. The motion was seconded by Councilmember Wilkins. Councilmember Beckman advised that she did not plan to vote for these Ordinances because of putting in Commercial Zoning where it does not need to be, and that General Business Zone is the highest and best use for this property. Councilmember Tetens agreed with Councilmember Beckman. Mayor Reid called for the vote on Ordinance No. 509-133. Voting "Aye" - None. Voting "No" - Wilkins, Tetens, Beckman, Berger and Cole. Motion failed 5 to 0. Mayor Reid called for the vote on Ordinance No. 509-134. Voting "Aye" - None. Voting "No" - Cole, Berger, Beckman, Tetens and Wilkins. Motion failed 5 to 0. City Attorney Amy McCullough advised Mayor Reid items 14 & 15 can be taken together. FIRST READING OF ORDINANCE NO. 789 - AN ORDINANCE OF THE CITY OF COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING, IN ITS ENTIRETY, CHAPTER 22, ENTITLED PEDDLERS ,OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED; HAVING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. FIRST READING OF ORDINANCE NO. 790, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CREATING A NEW CHAPTER 22, ENTITLED PEDDLERS, OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, PROVIDING DEFINITIONS, PROHIBITIONS AND EXCEPTIONS; ESTABLISHING RULES AND PROCEDURES FOR PERMITTING AND REGISTRATION PROCESS; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT. Councilmember Wilkins made the motion, seconded by Councilmember Tetens to approve Ordinances No. 789 and 790 on its first reading. Mayor Reid called for the vote on the first reading of Ordinance No. 789. Voting "Aye" - Wilkins, Tetens, Beckman, Berger and Cole. Voting "No" - None. Motion passed 5 to 0. Mayor Reid called for the vote on the first reading of Ordinance No. 790. Voting "Aye" - Cole, Berger, Beckman, Tetens and Wilkins. Voting "No" - None. Motion passed 5 to 0. FIRST READING OF ORDINANCE NO. 791, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, VACATING, CLOSING, AND ABANDONING A CERTAIN FORTY FOOT (40) WIDE UNCONSTRUCTED ROAD RIGHT-OF-WAY LOCATED IN THE PINE HOLLOW SUBDIVISION, SECTION 1-C, SOUTH OF THE DIXIE FARM ROAD AND WEST OF FM 518 (BROADWAY), WITHIN THE CORPORATE CITY LIMITS OF PEARLAND, BRAZORIA COUNTY, TEXAS, IN ACCORDANCE WITH ORDINANCE NO. 788; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Cole moved made the motion, seconded by Councilmember Wilkins to approve Ordinance No. 791 on its first reading. Voting "Aye" - Wilkins, Tetens, Beckman, Berger and Cole. Voting "No" - None. Motion passed 5 to 0. DIRECT STAFF TO ESTABLISH THE SIZE OF A NEW LIBRARY BUILDING. City Manager Grohman discussed different sizes of buildings, associated costs with the various size library buildings, and furnishings with the Council. City Manager Grohman advised that County Library Director, Cathy Threadgill felt a 18,500 square foot building would be adequate. The Mayor stated that we have an extremely "high use" library and he would like go with a 20,000 square foot library building. Councilmember Beckman made a motion to direct the City Manger to plan for a 20,000 square feet Library, realizing that we have to depend on community fund rasing for the furnishing of this size building, perhaps postponing the complete furnishing until a later date. The motion was seconded by Councilmember Wilkins. City Manager Grohman ask that the motion be amended to include, that the source of the funding would be from the $6.25 million Certificates of Obligation. Councilmember Beckman amended the original motion to read that "the source of funding would be from the $6.25 million Certificates of Obliagtion". Councilmember Wilkins seconded the motion and accepted the amendment to the original motion. Voting "Aye" - Wilkins, Tetens, Beckman, Berger and Cole. Voting "No" - None. Motion passed 5 to 0. EXCUSE THE ABSENCE OF COUNCILMEMBER COLE FROM THE JOINT PUBLIC HEARING AND THE REGULAR CITY COUNCIL MEETING OF APRIL 28, 1997. Councilmember Wilkins made the motion that Councilmember Cole be excused for his absence from the Joint Public Hearing and Regular Council Meeting of April 28, 1997. The motion was seconded by Councilmember Tetens. Voting "Aye" - Wilkins, Tetens, Beckman, and Berger. Voting "No" - None. Motion passed 4 to 0. Councilmember Cole abstained. OTHER BUSINESS.- Council USINESS: Council adjourned into Executive Session at 10:03 p.m. to discuss the following: 1. SECTION 551.074 - PERSONNEL MATTERS: CONDUCT INTERVIEW OF APPLICANTS FOR APPOINTMENT TO THE PEARLAND ECONOMIC DEVELOPMENT BOARD. 2. SECTION 551.072 - REAL PROPERTY: DISCUSSION REGARDING PROPOSED PURCHASE OF LAND FOR CITY FACILITY SITES. Council returned from Executive Session at 12:37 p.m. NEW BUSINESS CONTINUED: APPOINTMENT OF MEMBER(S) TO THE PEARLAND ECONOMIC DEVELOPMENT BOARD. Councilmember Cole made the motion to appoint the following seven members to the Pearland Economic Development Board to serve for two year terms: Bill Berger, Susan Lenamon, Dennis Frauenberger, Connie Beaumont, Stella Roberts, Calvin Collier and Charlie Phillip The motion was seconded by Councilmember Wilkins. Voting "Aye" - Wilkins, Tetens, Beckman, Berger and Cole. Voting "No" - None. Motion passed 5 to 0. DIRECT STAFF REGARDING PROPOSED PURCHASE OF LAND FOR CITY FACILITY SITES. Councilmember Cole made a motion to authorize the Staff to proceed with the acquisition and sale of real estate for Municipal purposes including but not limited to Library relocation, Independence Park Expansion and Regional Detention, as described in Executive Session. The motion was seconded by Councilmember Wilkins. Voting "Aye" - Wilkins, Tetens, Beckman, Berger and Cole. Voting "No" - None. Motion passed 5 to 0. Minutes approved as submitted and/or corrected this the / �y day of A.D., 1997. `q LiYY7 Tom Reid Mayor