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1998-10-12 CITY COUNCIL REGULAR MEETING MINUTES145 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 12, 1998, 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 Larry Wilkins Councilmember Helen Beckman Councilmember William Berger Councilmember Klaus Seeger Interim City Manager Glen Erwin City Attorney Darrin Coker City Secretary Young Lorfing Absent: Councilmember Tetens. Others in attendance: Project Coordinator Alan Mueller; Police Chief Mike Hogg; City Engineer John Hargrove; Grants Director Janet Berry; Planning and Development Director Dennis Smith; Parks & Recreation Director Ed Hersh; Public Works Director Jerry Burns; Fire Marshal Larry Steed; Assistant Fire Marshal Bob Bratz and Utility Accounts Supervisor Missy Miller. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Police Chief Mike Hogg, and the Pledge of Allegiance was led by Project Coordinator Alan Mueller. APPROVAL OF MINUTES Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Wilkins, to approve the minutes of the September 28, 1998 Joint Public Hearing held at 6:30 p.m. and the minutes of the September 28, 1998 Regular Council Meeting held at 7:30 p.m. Voting "Aye" Councilmembers Beckman, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens being absent. Page 1 of 17 - 10/12 145 MAYOR'S ACTIVITY REPORT: Mayor Reid presented a Proclamation to Nell Fuller, and several members of the League of Women Voters, proclaiming October 19-23, as "Exercise Your Right to Vote and Vote Week." Mayor Reid and Parks and Recreation Director Ed Hersh received a donation of $1,200 from Carolyn Panos given in memory of her late husband George. The memorial is to be used for the planting of a tree and a memorial park bench to be placed by the tree. Mayor Reid reported that on September 29 he attended the PTSD Education Improvement Committee Meeting and the Kiwanis Annual Meeting; October 1 he attended the Southeast Economic Development Corporation Board of Directors Meeting; October 5 he met with the developers of Shadow Creek Ranch, and he attended the PEDC Board Meeting and Special Council Meeting; October 6 he attended a ribbon cutting at Huntington Homes and he attended the AARP Board Meeting; October 8 he attended the ribbon cutting at Texas Meat Specialities and West Side Gym; October 9 he attended the Chamber Breakfast and Elks Lodge Monthly Meeting; October 10 he attended the City Fall Festival, Pearland Historical Society Annual Meeting and the Hobby Fast. COUNCIL'S ACTIVITY REPORTS: Councilmember Beckman reported that on October 2 she attended the Hike & Bike Committee Meeting planning the Tour -de -Lights in December; October 5 attended the PEDC Meeting; October 6 she attended the Trees for Pearland Meeting; October 10 she attended the City Fall Festival and also attended the tree planting for Mr. Panos. Mayor Pro -Tem Wilkins reported that the Pearland Lions Club will be having their annual Turkey Shoot, October 24 & 25. It is a good fund raiser for the Lions Club with most of the proceeds going to the crippled children's camp in Kerrville, Texas. He also reported that he celebrated his 13" wedding anniversary this weekend and also for the first time his son that is in the 6th grade at Sablatura made the Honor Roll. Councilmember Berger reported that on October 6 he was the guest speaker for the League of Women Voters which he spoke about the PEDC and had a great time. Councilmember Seeger reported that he was one of the judges at the Meet the City Festival. He said he was quite surprised at the attendance and had a great time. Page 2 of 17 - 10/12 CITY MANAGER'S REPORT: 147 Interim City Manager Glen Erwin reported that the staff had a good time at the Meet the City Festival and did a great job. Mr. Erwin also reported after the heavy rains, there were no reports of any structures being flooded. Last month, we issued 55 residential and two commercial permits so it appears that our economic environment continues to be very strong here in Pearland. CITIZEN'S: Nell Fuller, 2213 N. Washington, addressed Council and stated that she appreciates the work done by her home. She said that she has visited with Interim City Manager, and now the neighborhood looks like a million dollars. Ms. Fuller stated that she wanted to thank the city. David Miller, 2706 Shady Creek, addressed Council and said he wanted to make more comments after the presentation that was made by Ms. Joy Colson relative to a lawsuit she referenced here about a week ago. Mr. Miller read a letter to Council giving an overview of who is involved in the lawsuit. Mr. Miller also stated that Ms. Colson said that the suit was still in progress against Jack and Stella Roberts, Mike Hogg and Paul Grohman. He said that Ms. Colson failed to say that the City of Pearland is also named in the suit and that the citizens and taxpayers are still paying to defend this matter. He said the next hearing will be before the 5t'' Circuit Court of Appeals in November. He believes that the cost to the citizens is well over a $100,000. He also stated that Ms. Colson recommended that a previous employee file a lawsuit against the City because of a termination. Mr. Miller questioned Ms. Colson's loyalties as a Councilmember. DOCKETED PUBLIC HEARING: NONE CONSENT AGENDA: Mayor Reid asked Council if they would like to remove anything from the Consent Agenda. The council did not remove any items to the Consent Agenda. A. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-241 - 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 Page 3 of 17 - 10/12 143 CERTAIN REAL PROPERTY LOCATED IN THE CITY LIMITS OF THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (APPLICATION NOS. 335,325,327,337, 355,356,334,338, &350) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF THE OWNERS OF SUCH REAL PROPERTY, 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, made the motion, seconded by Mayor Pro -Tem Wilkins, to approve Ordinance No. 509-241 on its second and final reading as presented on the Consent Agenda. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens being absent. MATTERS REMOVED FROM CONSENT AGENDA None. NEW BUSINESS: FIRST AND ONLY READING OF ORDINANCE NO. 726-1 -AN ORDINANCE AMENDING ORDINANCE NO. 726 (AUTHORIZING ISSUANCE OF CITY OF PEARLAND, TEXAS, WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 19968); AND ENACTING OTHER PROVISIONS RELATING THERETO; AND DECLARING AN EMERGENCY. Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember to approve Ordinance No. 726-1 on its first and only reading. City Attorney Darrin Coker addressed Council and stated this item would be more appropriate for the Director of Finance to address, but he is out of town in Austin. He said that this item and the second item on the agenda are both related. This item is amending the original Ordinance No. 726-1 issuing revenue bonds for water and sewer. Under the ordinance we were required to set aside a reserve fund over a period of 5 years totaling about $1.7 million dollars. At this time nothing has been set aside as required under the Ordinance. This has been discussed with Bond Counsel. It is their recommendation, rather than set aside a reserve fund and use our impact fee fund, pass an ordinance allowing the Page 4 of 17 - 10/12 149 City to use a surety fund policy. By taking the action that is being requested tonight to change the ordinance so we do not have to create a reserve fund , and the next ordinance on the agenda it will allow us to enter into a surety fund policy; it is nothing more than insurance. We will have the surety fund policy in place rather than a reserve fund, that will back the bonds. Mayor Reid asked 'if there was any reason we did not set those funds aside. City Attorney Darrin Coker stated that he could not answer that question. That is something you may want to ask Director of Finance, David Castillo. Councilmember Berger stated that he is concerned that if we do default on 1996B Bond Issue that $1.7 million dollars would have to come from the tax payers. Project Coordinator Alan Mueller stated that if we ever defaulted the company would step in and buy the bonds at the point of default. The City is still obligated to buy the bonds whether from a bond holder or surety bond company. Mr. Mueller stated that he did not know how this happened. Councilmember Berger asked if there are any other bonds that are exposed like these. Project Coordinator Alan Mueller stated that there are no other bonds outstanding that he is aware of. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens being absent. FIRST AND ONLY READING OF ORDINANCE NO. 874 - AN ORDINANCE AUTHORIZING THE PURCHASE OF A SURETY RESERVE FUND POLICY; AND ENACTING OTHER PROVISIONS RELATING THERETO; AND DECLARING AN EMERGENCY. Councilmember Berger made the motion, seconded by Mayor Pro -Tem Wilkins to approve Ordinance No. 874 on its first and only reading. City Attorney Darrin Coker stated with this ordinance, Council is giving the City the authority to entered into the surety fund policy. Voting "Aye" Councilmembers Beckman, Wilkins, Berger, and Seeger. Page 5 of 17 - 10/12 151 Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens being absent. FIRST AND ONLY READING OF ORDINANCE NO. 875 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING, IN ITS ENTIRETY, CITY OF PEARLAND ORDINANCE NO. 860, WHICH GRANTED CONSENT TO THE CREATION OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 19, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED. Councilmember Seeger made the motion, seconded by Councilmember Berger to approve Ordinance No. 875 on its first and only reading. City Attorney Darrin Coker stated recently the City approved In -City Municipal Utility Districts. It is a requirement for the City to consent to the creation of a municipal utility district. The municipal utility district must have signatures of the owners of at least 51% of the value of the property. When M.U.D. No. 19 submitted their consent that they thought they had met that requirement. Unfortunately they had not. They have contacted the City and requested that we reconsider this by repealing the original ordinance, and pass a new ordinance which is the next agenda item. This is more for their benefit than ours, and the A.G.'s Office has requested that this be done. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens being absent. FIRST AND ONLY READING OF ORDINANCE NO. 876 -AN ORDINANCE GRANTING THE CONSENT OF THE CITY OF PEARLAND, TEXAS, TO THE CREATION OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 19 WITHIN THE CITY'S CORPORATE BOUNDARIES. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Wilkins, to approve Ordinance No. 876 on its first and only reading. City Attorney Darrin Coker stated that this ordinance is identical to the one that the City has previously done. It is a consent ordinance, and it has more signatures of the property owners. Voting "Aye" Councilmembers Beckman, Wilkins, Berger, and Seeger. Page 6 of 17 - 10/12 151 Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens being absent. FIRST READING OF ORDINANCE NO. 872 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF THE EXISTING SIGN, FENCE, AND PARKING LOT LOCATED WITHIN A CERTAIN TRACT OF LAND, WHICH INCLUDES A 0.430 ACRE TRACT DESCRIBED IN THE H. T. & B. R. R. COMPANY SURVEY, ABSTRACT NO. 239 IN BRAZORIA COUNTY, TEXAS. This item was passed, no Council action taken. FIRST READING OF ORDINANCE NO. 450-24 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 450 AS THE SAME MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, FOR THE PURPOSE OF ESTABLISHING AND REESTABLISHING CLASSIFICATIONS AND NUMBER OF AUTHORIZED POSITIONS IN THE CLASSIFIED SERVICE OF THE CITY OF PEARLAND, PURSUANT TO SECTION 143.021 OF THE LOCAL GOVERNMENT CODE OF THE STATE OF TEXAS; PROVIDING A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A REPEALER CLAUSE, AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 450-24 on its first reading. Police Chief Mike Hogg addressed Council and stated that this is our annual housekeeping that we have under Civil Service Law. There are two items that have changed. The number of Corporals and Exhibit "A" changed, which are changes in the pay classifications or the pay. Public Law 143 requires that the City Council adopt these changes by ordinance. This has to be done every year when the budget is adopted. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens being absent. RESOLUTION NO. R98-57- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING ONE (1) REPRESENTATIVE AND ONE (1) ALTERNATE TO THE HOUSTON-GALVESTON AREA COUNCIL 1999 GENERAL ASSEMBLY. Page 7 of 17 - 10/12 151, Councilmember Berger made the motion, seconded by Mayor Pro -Tem Wilkins, to appoint Mayor Tom Reid, to serve as representative and Councilmember Richard Tetens, to serve as alternate representative to the Houston -Galveston Area Council for the 1999 General Assembly by approving Resolution No. R98-57. Voting "Aye" Councilmembers Beckman, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens being absent. RESOLUTION NO. R98-58 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF FRIENDSWOOD FOR THE PROVISION OF WATER AND SEWER SERVICE. Councilmember Seeger made the motion, seconded by Councilmember Berger, to approve Resolution No. R98-58. Mayor Reid stated that he would like for the City Manager and City Attorney to check and see if we could make this a 3 to 5 -year agreement. City Attorney Darrin Coker addressed Council and stated this item is renewable every year. He said that this agreement is renewable after 2 years. Mr. Coker said that he and Alan Mueller talked to Friendswood City Manager Ron Cox and he is agreeable to a two-year contract this time, and we will see about a perpetual agreement. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens being absent. FIRST AND ONLY READING OF ORDINANCE NO. 873 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING CHARGES FOR COMMERCIAL AND RESIDENTIAL SOLID WASTE REMOVAL SERVICES FURNISHED BY WASTE MANAGEMENT OF SOUTHEAST TEXAS, AS PROVIDED IN CHAPTER 12, ARTICLE II, SECTION 12-31 OF THE CODE OF ORDINANCES; REPEALING PREVIOUS SOLID WASTE REMOVAL RATE SCHEDULES; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION AND FOR CODIFICATION; AND Page 8 of 17 - 10/12 153 DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH RATES FOR COLLECTION AND REMOVAL OF SOLID WASTE INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Wilkins, to approve Ordinance No. 873 on its first and only reading. City Attorney Darrin Coker stated that under our current agreement with Waste Management runs through 2001. Under the agreement they could not increase their rates for two years. Now the two years are up, and are submitting an increase of 4%. Mr. Coker also stated that we are talking to Waste Management about the possibly of using trash cans. However, he would like to discuss it with Delores Fenwick before a final recommendation is made. Voting "Aye" Councilmembers Beckman, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens being absent. COUNCIL ACTION - COUNCIL ACCEPTANCE OF PINE HOLLOW ESTATES SUBDIVISION. Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Berger, to table the acceptance of the Pine Hollow Estates Subdivision. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens being absent. COUNCIL ACTION - COUNCIL ACCEPTANCE OF WEST OAKS VILLAGE, SECTION TWO SUBDIVISION. Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Berger, to accept West Oaks Village, Section Two Subdivision. City Engineer, John Hargrove, addressed Council and stated that this project is complete. This section is 29 acres and has 91 lots. Mr. Hargrove recommended its acceptance. Page 9 of 17 - 10/12 151 Voting "Aye" Councilmembers Beckman, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens being absent. COUNCIL ACTION - COUNCIL ACCEPTANCE OF SUNSET LAKES, SECTION 3 SUBDIVISION. Councilmember Berger made the motion, seconded by Mayor Pro -Tem Wilkins, to accept Sunset Lakes, Section 3 Subdivision. City Engineer, John Hargrove, addressed Council and stated that this project is complete and consist of 118 lots. Mr. Hargrove recommended its acceptance. Voting "Aye" Councilmembers Beckman, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens being absent. COUNCIL ACTION -REGARDING AN UPDATE OF CITY PROJECTS FROM THE CITY ENGINEER AND PROJECT COORDINATOR. This item was passed, no Council action taken. COUNCIL ACTION - AWARD OF BID NO. B98-61 FOR THE PRINTING OF THE PARKS AND RECREATION A TIME FOR LEISURE. Councilmember Seeger made the motion, seconded by Councilmember Berger, to award Bid No. B98-61 for the printing of the Parks and Recreation A TIME FOR LEISURE to Birdsong Printing which is the lowest bidder. Parks & Recreation Director Ed Hersh reviewed the bids received for the Parks and Recreation A TIME FOR LEISURE and recommended awarding Bid No. 98-61 to Birdsong Printing. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Beckman. Voting "No" None. Page 10 of 17 - 10/12 155 Motion Passed 4 to 0, with Councilmember Tetens being absent. COUNCIL ACTION - AWARD OF BID NO. B98-029 FOR SCARSDALE WATER INTERCONNECT. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Wilkins to award Bid No. B98-029 for Scarsdale Water Interconnect to R & B Group, Inc., for the total bid in the amount of $133.186. City Engineer John Hargrove reviewed the bids received for the Scarsdale Water Interconnect, and recommended that Bid No. B98-029 be awarded to R & B Group, Inc., in the amount of $133,186. Voting "Aye" Councilmembers Beckman, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens being absent. COUNCIL ACTION -AWARD OF BID NO. B98-062 FOR THE PRINTING OF THE ANNUAL REPORT CALENDAR. Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Berger, to award Bid No. B98-62 for the printing of the ANNUAL REPORT CALENDAR to Naron Printing, for the total bid in the amount of $19,510. Grants Director Janet Berry reviewed the bids received for the printing of the ANNUAL REPORT CALENDAR, and recommended that Bid No. B98-61 be awarded to Naron Printing, in the amount of $19,510. Mayor Pro -Tem Wilkins stated that there is not that much difference in the bids. He said that he would like to possibly consider awarding the bid to a bidder whose business is located in Pearland. Grants Director Janet Berry stated that the local business would not be able to do the printing of the calendar at their location. It would have to be sent to an outside source. Due to the amount that has been budgeted for the calendars it would be her recommendation to have the bid awarded in the amount of $19,510. Voting "Aye" Councilmembers Seeger, Berger, and Beckman. Voting "No" Mayor Pro -Tem Wilkins. Page 11 of 17 - 10/12 156 Motion Passed 3 to 1, with Councilmember Tetens being absent. MOTION TO REMOVE FROM THE TABLE, FIRST READING OF ORDINANCE NO. 509- 240. Councilmember Berger made the motion, seconded by Councilmember Beckman, to remove Ordinance No. 509-240 from the table on its first reading. Voting "Aye" Councilmembers Beckman, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens being absent. FIRST READING OF ORDINANCE NO. 509-240 - 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 BEING A TRACT OF LAND CONTAINING 68.958 ACRES, MORE OR LESS, LOCATED IN THE A.C.H. & B.R.R. COMPANY SURVEY, SECTION 2, ABSTRACT 507, BRAZORIA COUNTY, TEXAS, BEING OUT OF AND A PART OF A CALLED 104.401 ACRE TRACT TO CHARLES F. ALEXANDER, OF RECORD IN VOLUME 86268, PAGE 586 OF THE OFFICIAL RECORDS OF BRAZORIA COUNTY, TEXAS, AND ALSO BEING A PART OF LOTS 3 THRU 8, AND 13 OF THE L.W. MURDOCK SUBDIVISION, OF RECORD IN VOLUME 29, PAGE 174 OF THE DEED — RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 364) (CORNER OF JOHN LIZER AND PEARLAND PARKWAY) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-1, R-2) AND COMMERCIAL DISTRICT (C) TO SINGLE FAMILY DWELLING DISTRICT (R-4) AT THE REQUEST OF KEN CAFFEY, AGENT, AMVEST PROPERTIES, 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 Berger made the motion, seconded by Mayor Pro -Tem Wilkins, to approve Ordinance No. 509-240 (Application No. 364) with the change to the classification from R-4 to R-3 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 364. Planning and Development Director Dennis Smith addressed Council and stated that he Page 12 of 17 - 10/12 157' would like to inform them that he has talked to Mr. Wong and Mr. Caffey and there is a typographical error in this ordinance. The last time it was tabled, Mr. Wong has agreed to go to an R-3 designation which is 60 foot lots. Mr. Smith recommended it approval. Mayor Reid stated that this is a unique piece of property. Weatherford is concerned about the noise that may be coming from their industrial location. Dennis Smith verified that a non wooden fence would be put up. Mayor Reid further stated that we are getting a high inventory of small lots in our community right now. Councilmember Berger stated that he has talked with the developer Mr. Wong, and he is very aware of the heavy restrictions along Pearland Parkway. Mr. Wong has plans to adhere to that and take the extra step and go beyond to make this a workable deal. Larry Marcott, 3606 Inverness Court, addressed Council and stated that he has concerns about the City's action regarding land use. He said this development is going to be next to this noise. He is concerned about the action that may be taken against Council regarding the change of this land use. Mr. Marcott said the new resident may not realize the noise until they move in. Weatherford was there first. He also stated that he does not want to stop it and he is not going to, but some citizens are not going to be happy down the road. Clinton Wong, Developer, addressed Council and said that he appreciated hearing the comments of the last speaker, and further stated that the property is already zoned residential. He also told Council that they are adhering to the R-3 zoning and have already gotten the overlay of what needs to be done from staff. Voting "Aye" Councilmembers Beckman, Wilkins, Berger, and Seeger. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens being absent. FIRST READING OF ORDINANCE NO. 509-242 - 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 BEING 0.6984 AC. TRACT OUT OF LOT "A" OF WESTGATE PARK, A SUBDIVISION OF 9.575 AC. OUT OF LOT 40 & 47, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECT. 19, HT & B RR CO. SURVEY, A-243, VOL. 16, PG. 320, PLAT RECORDS OF BRAZORIA CO., TX (APPLICATION NO. 318) (7929 Page 13 of 17 - 10/12 158 BROADWAY) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF H. LOUIE AND MARY TASHAKORI, 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. Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 509-242 (Application No. 318) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 318. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens being absent. FIRST READING OF ORDINANCE NO. 509-243 - 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 IN THE CITY LIMITS OF THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (APPLICATION NOS. 339, 340, 341, 347, 351, 368, & 367)FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF THE OWNERS OF SUCH REAL PROPERTY, 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 Seeger made the motion, seconded by Councilmember Berger, to approve Ordinance No. 509-243 (Application Nos. 339, 340, 341, 347, 351, 368, & 367) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application Nos. 339, 340, 341, 347, 351, 368, & 367. Voting "Aye" Councilmembers Beckman, Wilkins, Berger, and Seeger. Voting "No" None. Page 14 of 17 - 10/12 159 Motion Passed 4 to 0, with Councilmember Tetens being absent. COUNCIL ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO. 342) AT THE REQUEST OF JAMES L. &ANNIE B. PEYTON, OWNER, FOR AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF SAID CITY CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO MULTI -FAMILY DWELLING DISTRICT (MF) ON THE FOLLOWING DESCRIBED PROPERTY BEING 4.00 ACRES, MORE OR LESS OUT OF LOT 8 & ALSO LOT 9, SECTION 14, H.T. & B.R.R. COMPANY SURVEY A-509, ALSO WITH SAID LOTS 8 & 9 BEING KNOWN AS LOTS 8 & 9 OF RICHLAND ACRES, AN UNRECORDED SUBDIVISION, BRAZORIA, COUNTY, TEXAS. (16119 AUBRELL) Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Wilkins, to accept the recommendation of the Planning and Zoning Commission to deny Application No. 342. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to deny Application 342. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens being absent. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:01 p.m. to discuss the following:. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.074 - PERSONNEL MATTERS - DISCUSSION REGARDING THE APPOINTMENT OF INTERIM CITY MANAGER GLEN ERWIN. 2. SECTION 551.072 -REAL PROPERTY- DISCUSSION REGARDING THE SALE, PURCHASE, OR EXCHANGE OF- REAL PROPERTY FOR THE SOUTHWEST ENVIRONMENTAL CENTER TRUNK SEWER MAIN. Page 15 of 17 - 10/12 3. SECTION 551.072 -REAL PROPERTY- DISCUSSION REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY RELATED TO THE LIBRARY SITE. Council returned from Executive Session at 10:01 p.m. NEW BUSINESS (CONTINUED): COUNCIL ACTION - REGARDING THE APPOINTMENT OF INTERIM CITY MANAGER GLEN ERWIN. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Wilkins, to increase Glen Erwin's salary by $22,000 effective September 14, 1998 for the duration of the interim period, and that 40% of the entire salary be paid by PEDC and 60% by the City. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens being absent. COUNCIL ACTION - DIRECTION TO STAFF REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY FOR THE SOUTHWEST ENVIRONMENTAL CENTER TRUNK SEWER MAIN. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Wilkins, to direct the staff to continue negotiation with the property owners for acquisition of right-of- way along Magnolia and Veterans Drive, for the Southwest Environmental Center trunk sewer main. Voting "Aye" Councilmembers Beckman, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Tetens being absent. COUNCIL ACTION - DIRECTION TO STAFF REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY RELATED TO THE LIBRARY SITE. Mayor Reid asked staff to continue to work on this matter and report back to Council at a Page 16 of 17 - 10/12 161 future meeting. OTHER BUSINESS: Meeting was adjourned at 10:04 p.m. ADJOURNMENT' Minutes approved as submitted and/or corrected this the 26 l day of October, A.D., 1998. ATTEST: Tom Reid Mayor Page 17 of 17 - 10/12