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1996-05-13 CITY COUNCIL REGULAR MEETING MINUTES 8:00PM220 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MAY 13, 1996, AT 8:00 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 City Secretary Yolanda Benitez Others in attendance: Assistant City Managers Glen Erwin and Richard Burdine; Police Chief Mike Hogg; City Engineer John Hargrove; Parks & Recreation Director Ed Hersh; Finance Director Jim Causey; and Emergency Management Coordinator David Smith. As the formalities had been dispensed with during the 7:00 p.m. regular meeting, the Mayor proceeded directly to Mayor's Activity Report. MAYOR'S ACTIVITY REPORT: Mayor Reid presented a proclamation to David Smith, Emergency Management Coordinator, in recognition of "Hurricane Awareness Week" during the week of May 19- 25, 1996. The remainder of the Mayor and Council activity reports were not presented. UNFINISHED BUSINESS: SECOND READING OF ORDINANCE NO. 509-71 - 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 A SPECIFIC USE PERMIT TO ALLOW FOR A TELECOMMUNICATION SYSTEM AND LINES TO BE BUILT IN A COMMERCIAL DISTRICT (C) (LOT 4, BLOCK 1, FERRI SUBDIVISION - KNAPP ROAD) AT THE REQUEST OF DON TALLANT, SOUTHWESTERN BELL TELEPHONE, AGENT FOR FORMERS BY ERNIE, 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. City Attorney Amy McCullough recommended that the following ordinance be read and acted upon at the same time. SECOND READING OF ORDINANCE NO. 509-72 - 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 A SPECIFIC USE PERMIT TO ALLOW FOR A TELECOMMUNICATION EQUIPMENT TO BE BUILT IN A COMMERCIAL DISTRICT (C) BEING A TRACT OF LAND CONTAINING 0.061 ACRES (2658 SQUARE FEET) OUT OF THE WARREN D.C. HALL LEAGUE, A-70, BRAZORIA COUNTY, TEXAS. SAID 0.061 ACRE TRACT ALSO BEING PART OF A 1.4030 ACRE 221 TRACT BEING ALL OF UNRESTRICTED RESERVE "A", PARTIAL REPLAT OF OAKBROOK SUBDIVISION PHASE ONE, SECTION ONE -AMENDED PLAT AS RECORDED BY PLAT IN VOLUME 19, PAGE 41-42, BRAZORIA COUNTY PLAT RECORDS, BRAZORIA COUNTY, TEXAS, AS CONVEYED TO KWAI PING CHEUNG LAU BY DEED RECORDED IN COUNTY CLERK'S FILE NO. 93-017608 OF THE OFFICIAL RECORDS OF BRAZORIA COUNTY, TEXAS, AND BEING PART OF LOT 10 OF THE GEORGE W. JENKINS SUBDIVISION AS RECORDED BY PLAT IN VOLUME 79, PAGE 616, BRAZORIA COUNTY DEED RECORDS, BRAZORIA COUNTY, TEXAS, AT THE REQUEST OF BILL STRICKLAND, AGENT FOR SOUTHWESTERN BELL TELEPHONE, 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 Richardson moved for the adoption of Ordinance No. 509-71 and Ordinance No. 509-72 on their second and final readings. The motion was seconded by Councilmember Tetens. Mayor Reid stated that the recommendation letters from the Planning & Zoning Commission had been read into the record during the 7:00 p.m. meeting. Councilmember Weber inquired with regard to the legality of having back to back meetings with first and second readings done one the same day. City Attorney McCullough responded that this was not a problem as these were not contested issues. Voting "Aye" - Councilmembers Richardson, Weber, Tetens, Cole and Beckman. Voting "No" - None. Motion passed 5 to 0. SECOND READING OF ORDINANCE NO. 728 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, FINDING THAT THE CITY HAS ESTABLISHED GUIDELINESAND CRITERIA GOVERNING TAXABATEMENT PURSUANT TO RESOLUTION NO. R96-12; DESIGNATING AND DESCRIBING A REINVESTMENT ZONE IN ACCORDANCE WITH THE PROPERTY REDEVELOPMENT AND TAX ABATEMENTACT; FINDING THAT THE IMPROVEMENTS SOUGHTARE FEASIBLE AND PRACTICAL AND WOULD BEA BENEFIT TO THE LAND TO BE INCLUDED IN THE ZONE AND THE MUNICIPALITY AFTER THE EXPIRATION OF THE TAX ABATEMENT AGREEMENT; AUTHORIZING THE CITY MANAGER TO SIGN TAX ABATEMENT AGREEMENTS WHEN APPROVED BYTHE CITY COUNCIL; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Councilmember Beckman moved for the adoption of Ordinance No. 728 on its second and final reading. The motion was seconded by Councilmember Cole. Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber and Richardson. Voting "No" - None. Motion passed 5 to 0. SECOND READING OF ORDINANCE NO. 729 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DESIGNATING AND COMMITTING PORTIONS OF REAL PROPERTY ACQUIRED OR TO BE ACQUIRED IN FEE OR BY EASEMENT FOR PURPOSES OF CONSTRUCTING AND MAINTAINING PUBLIC RIGHTS- OF-WAY, DRAINAGE IMPROVEMENTS, AND BRIDGES WITHIN THE CITY UPON DIXIE FARM ROAD IN THE VICINITY OF CLEAR CREEK, UPON JOHN LIZER IN THE VICINITY OF MARY'S CREEK, AND UPON VETERANS DRIVE IN THE VICINITYOF MARY'S CREEK, IN COOPERATION WITH THE TEXAS DEPARTMENT OF TRANSPORTATION; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 2?F Councilmember Cole moved for the adoption of Ordinance No. 729 on its second and final reading. The motion was seconded by Councilmember Tetens. Voting "Aye" - Councilmembers Richardson, Weber, Tetens, Cole and Beckman. Voting "No" - None. Motion passed 5 to 0. NEW BUSINESS: RESOLUTION NO. R96 -25A - A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION 3 OF RESOLUTION NO. R96- 25, FOR PURPOSES OF RENAMING THE ALTERNATE PRESIDING JUDGE; CONTAINING A SAVINGS CLAUSE AND AN EFFECTIVE DATE. City Attorney Amy McCullough reminded Council that they had taken action on this item at the previous Council meeting, and explained that since that time, it has been learned that Helen Horton will be unable to serve as Alternate Judge for the Runoff Election to be held on June 1, 1996. Therefore, the recommendation is to name Oleta Hawkins as the Alternate Presiding Judge for the Runoff Election. Councilmember Weber moved for the adoption of Resolution No. R96 -25A. The motion was seconded by Councilmember Tetens. Voting "Aye" - Councilmembers Richardson, Weber, Tetens, Cole and Beckman. Voting "No" - None. Motion passed 5 to 0. AUTHORIZATION FOR CITY MANAGER TO CARRY FORWARD SEVEN DAYS OF VACATION. Councilmember Cole moved to authorize the City Manager to carry forward seven days of vacation, seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber and Richardson. Voting "No" - None. Motion passed 5 to 0. OTHER BUSINESS: None ADJOURNMENT Meeting was adjourned at 8:43 p.m. Minut approved as ,A ATTEST: YoleVdh C. Benitez City Secretary submitted and/or D., 1996. corrected this the day of Tom Reid Mayor