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1998-10-26 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 26, 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 Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Attorney City Secretary Tom Reid Larry Wilkins Helen Beckman Richard Tetens William Berger Klaus Seeger Darrin Coker Young Lorfing Absent: Interim City Manager Glen Erwin. Others in attendance: Police Chief Mike Hogg; City Engineer John Hargrove; Planning and Development Director Dennis Smith; Parks & Recreation Director Ed Hersh; Director of Administrative Services Mary Hickling; Assistant Director of Administrative Services Wendy Standorf; Fire Marshal Larry Steed; Purchasing Officer Gordon Island. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Police Chief Mike Hogg, and the Pledge of Allegiance was led by Councilmember Beckman. APPROVAL OF MINUTES Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Wilkins, to approve the minutes of the October 5, 1998 Public Hearing held at 6:30 p.m., the minutes of the October 5, 1998 Public Hearing held at 7:00 p.m., the minutes of the October 5, 1998 Special Meeting held at 7:30 p.m., the minutes of the October 12,1998 Joint Public Hearing held at 6:30 p.m., and the October 12, 1998 Regular Council Meeting held at 7:30 p.m. Voting "Aye" Councilmembers Beckman, Wilkins, Berger, and Seeger. Voting "Abstain" Councilmember Tetens. Voting "No" None. Page 1 of 17 - 10/26 185 Motion Passed 4 to 0, with 1 abstention. MAYOR'S ACTIVITY REPORT: Mayor Reid presented a Proclamation to Keep Pearland Beautiful Executive Director Delores Fenwick, proclaiming Sunday, November 15, 1998, as "Texas Recycles Day". Ms. Fenwick gave a presentation showing several items that has been made from various recycled materials. Mayor Reid reported that on October 12 he attended the planting of a Memorial Tree for George Panos; October 14 he attended the Adult Reading Center Board of Directors Meeting; October 15 he attended the Gulf Coast Authority Board of Directors Meeting and the Chamber Mixer at American Title Company; October 16 he attended the Keep Pearland Beautiful Breakfast and Garden Club Plant Sale; October 20 he attended the HGAC Board of Directors Meeting; October 21 he attended the Chamber Luncheon and Candidate Forum; Oct 21 he attended the Brazoria County Cities Association Meeting; October 23 he attended the Pearland First Church Dedication; October 24 he attended the St. Andrews Craft Show and on October 25 he attended the Chamber Trade Fair. COUNCIL'S ACTIVITY REPORTS: Due to the length of the Agenda Council passed on making their reports. CITY MANAGER'S REPORT: Interim City Manager is on vacation. CITIZEN'S: James Birdsong, 3705 Pine Tree Drive, addressed Council and stated that he has been a resident of Pearland for 29 years and has been in business in since 1978. He asked the Council to listen to all the voters. He also thanked the Council for being considered a "Friend of the City". Chip Hosek, 3126 Yost Road, addressed Council regarding the recent petition for a recall election. He also gave an overview of his areas of concern regarding the Recall Petition, the gathering of signatures and the organization C.O.P.S. Mr. Hosek asked the Council to dismiss the recall election immediately. Betty Calloway, 2007 N. Galveston, addressed Council and stated that she has lived in Page 2 of 17 - 10/26 136 Pearland for 48 years, and stated that she has a vested interest in this City, it is her home. She further stated that she has never made a cent off of the City of Pearland. She has never asked for, or knowingly received a special favor, and would have refused it, if it had been offered. Ms. Calloway stated that she is a "Friend of the City" and shows her care through volunteering. She gave an overview of the various organizations that she has served, and addressed comments to Councilmember Berger and stated that he owes her an apology. Ms. Calloway thanked Council for allowing her to speak. Larry Marcott, 3606 Inverness, addressed Council and stated that he lives in the Rustic Oaks Subdivision, and across the street from the entrance there is a trailer that has burned. He asked Council if they could get someone to get it cleaned up. Mr. Marcott complemented the Police Department for an officer stopping and picking up debris off of the street. Commander Wesley Halik, 3216 Stratford presented Council with a "POW -MIA" Flag that is be displayed on the City Hall flag pole. Commander Halik stated that the City of Pearland has a family who still has a family member that is still missing in action in Viet Nam. He also addressed the contract that the VFW has for grass mowing, and encouraged anyone who may have questions regarding the VFW, to please to contact him. DOCKETED PUBLIC HEARING: None. CONSENT AGENDA: Mayor Reid asked Council if they would like to remove anything from the Consent Agenda. Councilmember Tetens asked that Consent Agenda item # B,. B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-240 be moved to Matters Removed from the Consent Agenda. A. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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 Page 3 of 17 - 10/26 187 143.021 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. C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 609-242 -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 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. D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 609-243 -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) ATTHE 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. Page 4 of 17 - 10/26 188 Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Wilkins, to approve Ordinance Nos. 450-24, 509-242 and 509-243 on their second and final reading as presented on the Consent Agenda. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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, FORTHE 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-3) 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. Ken Caffey, 1013 N Amy, addressed Council and stated that this project is about 678 acres, and has about 240 lots. It is an R-3 zoning; and will have quality homes ranging from $110,000 up to $160,000. Page 5 of 17 - 10/26 M6601 Councilmember Tetens made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 509-240 (Application No. 364) on its second and final reading as presented on the Consent Agenda. Councilmember Tetens stated that he commends the developers from getting off of the R-4 and going to the R-3. However, he said he would like to see it an R-1 or R-2. Voting "Aye" Councilmembers Beckman, Wilkins, Berger, and Seeger. Voting "No" Councilmember Tetens. Motion Passed 4 to 1. NEW BUSINESS: Mayor Reid with concurrence of Council moved to New Business Item No. 16. COUNCIL ACTION - CHAMBER OF COMMERCE CHRISTMAS PARADE APPLICATION. Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Tetens, to approve the Chamber of Commerce parade application. Gaylynn Naiser, with the Chamber of Commerce, addressed Council and said the parade is going to be Saturday, December 5'". The parade route will be the same as last year and will start at 6:30 p.m. and be over at 7:30 p.m. Ms. Naiser invited everyone to come out. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. Mayor Reid with concurrence of Council moved back to New Business Item No. 1. COUNCIL ACTION - RESOLUTION NO. R98-60 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO.2 OF A 23.524 ACRE TRACT LOCATED IN BRAZORIA COUNTY, TEXAS. Councilmember Berger made the motion, seconded by Mayor Pro -Tem Wilkins, to Page 6 of 17 - 10/26 approve Resolution No. R98-60. 1CI Tom Wilcox, 2442 CR 94, addressed Council and stated that this is the annexation of property that they purchased with the original project back in 1994. Now there is a need to develop the properties. The homes in MUD 2 is zoned R-2, and priced from $170,000 to $300,000. The acreage in MUD 3 is a combination of R-1 and R-4, those homes will be going from $110,000 up to $250,000. City Attorney Darrin Coker stated that he does not have anything to add. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R98-61 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 3 OF A 172.28 ACRE TRACT LOCATED IN BRAZORIA COUNTY, TEXAS. Councilmember Seeger made the motion, seconded by Berger, to approve Resolution No. R98-61. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - REGARDING AN APPLICATION FROM CURTIS AND BARBARA HORTMAN, OWNERS, TO SET UP MODULAR BUSINESS OFFICES AT 3325 INDUSTRIAL DRIVE. Councilmember Beckman, made the motion, seconded by Mayor Pro -Tem Wilkins, to approve the application from Curtis and Barbara Hortman to set up modular business offices at 3325 Industrial Drive. City Attorney, Darrin Coker, stated that he would address this matter on behalf of Planning and Development Coordinator Dennis Smith. He said the request meet the code requirements and will be adjacent to trailer that is already at that location. Page 7 of 17 - 10/26 19' Mayor Reid stated that it is located in an industrial area, and will be hidden behind the existing buildings. Councilmember Tetens stated that he is concerned; because there are not any time limits placed on how long the modular offices can be there. He stated that he felt that it is not in the best interest of the City. Voting "Aye" Councilmembers Beckman, Wilkins, Berger, and Seeger. Voting "No" Councilmember Tetens. Motion Passed 4 to 1. COUNCIL ACTION - REGARDING THE SETTING OF THE DATE FOR A SPECIAL ELECTION FOR POSITION NO. 4. Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Wilkins, to deny the setting of a Special Election date. Charles Kinsey, 5208 Broadway, addressed Council and stated that he is an attorney and he practices in Pearland. He said that the original notes that he had prepared have changed, as a results of some circumstances that occurred today. While investigating the petitions a West Lea resident, Mr.Baldy said that an employee by the name of Mr. Harrist had come by and presented the petition to him, he signed, and eventually that petition was turned in to the City Secretary. The particular petition that Mr. Baldy signed was signed at the bottom by J. Kevin Cole. Mr. Baldy reported that Mr. Cole was not the person presenting the petition to him. Mr. Kinsey stated the he had received a statement from Mr. Harrist who confirmed that he had presented the petitions to the citizens of West Lea, and that the affidavit that was attached to those particular petitions was incorrect. Shortly after the investigation began J. Kevin Cole indicated to the City Secretary he wished to withdraw some of the petitions that had been presented for the reason that, through inadvertence or error those petitions that had been gathered by a city employee were placed in there, and his affidavit (Mr. Kinsey read Mr. Coles affidavit) is in fact was false. Mr. Kinsey further stated that this afternoon another five pages of signatures, which were gathered by Theresa Brooks, have been requested to be withdrawn from the these petitions. He stated that his original request to the City Council was going to be to table any further action on the recall petition, while he obtained legal process to stop this recall petition. He said it is a bad idea to be able to recall someone with 150 signatures, and the petition now presented to the Council does not include 150 signatures of citizens. Mr. Kinsey thinks that the Council should vote to deny setting the date for a recall because it fails to meet the minium number of signatures required by the Charter of the City of Pearland. Therefore, he asked to the Page 8 of 17 - 10/26 192 r— Council to go forward, and vote against the recall petition. City Attorney Darrin Coker read a letter into the record a the request of the Mayor. Mayor and City Council, Its has come to my'attention that some mistakes were made with the recall petition. As the person who submitted the petitions to the City Secretary, I would like to respectfully withdraw these petitions. I apologize for any inconvenience this may have caused the city, but truly believe this action is in the best interest of the city. Signed "Terry Brooks" After reading the letter into the record City Attorney Darrin Coker stated that with regard to Charter provision regarding the election it does state that the City Council should set a date for an election in a timely manner. If Council were to chose not to do so, then any action taken to do so would have to be taken on by the parties submitting the petition. Mayor Reid asked if it is the recommendation, to table setting a date for the Recall Election. City Attorney Darrin Coker stated that the City Attorney is not making any suggestion to Council. It is true, if you were to discount the petitions in question, the number of signatures would be approximately 137. It is purely up to Council to set a date or not set a date. Mayor Reid asked if the petition could be withdrawn. City Attorney Darrin Coker responded by saying once the petitions are certified they cannot be withdrawn, and have to stand as submitted. There was additional discussion by Council and the City Attorney regarding the setting of an election date. Councilmember Wilkins made the motion to table this action. Motion died for the lack of a second. Mayor Reid asked if that is legal. City Attorney Darrin Coker stated that Council could do that. The parties who filed the r--11 Page 9 of 17 - 10/26 193 petition have the legal mechanisms, and they could come back and compel the Council to set a date. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, and Seeger. Voting "Abstain" Councilmember Berger. Voting "No" None. Motion Passed 4 to 0, with 1 abstention. COUNCILACTION MOTION TO REMOVE FROM THE TABLE, COUNCIL ACCEPTANCE OF PINE HOLLOW ESTATES SUBDIVISION. Mayor Pro -Tem Wilkins made the motion, seconded .by Councilmember Beckman, to remove the acceptance of Pine Hollow Estates Subdivision. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - COUNCIL ACCEPTANCE OF PINE HOLLOW ESTATES SUBDIVISION. Councilmember Berger made the motion, seconded by Councilmember Tetens to accept Pine Hollow Estates Subdivision. City Engineer, John Hargrove, addressed Council and stated that this subdivision consists of 36 '/ acres and has 54 lots. The pump test has been completed. Mr. Hargrove recommended its acceptance. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. Page 10 of 17 -10/26 194 FIRST AND ONLY READING OF ORDINANCE NO. 877 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING STOP SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, UPON AUTUMN FOREST DRIVE IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH OLD OAKS BOULEVARD, UPON STILLWATER DRIVE IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH AUTUMN FOREST DRIVE, UPON RIVER GLEN COURT IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH ENGLISH OAKS BOULEVARD, UPON EAST BENDING OAK LANE IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH ENGLISH OAKS BOULEVARD, UPON SOUTH BENDING OAK LANE IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH STILLWATER DRIVE (WEST OAKS VILLAGE, SECTION 2); A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION, AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH STOP SIGNS AT INTERSECTIONS INURES TO THE BENEFIT OF THE TRAVELLING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Wilkins to approve Ordinance No. 877 on its first and only reading. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY ORDINANCE NO. 878 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING STOP SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, UPON SUNRISE DRIVE IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH SHADOWBEND, UPON SUNRISE DRIVE IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH SUNSET LAKES DRIVE, UPON DUNLAVY COURT IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH DUNLAVY DRIVE, UPON DUNLAVY DRIVE IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH SUNSET LAKES DRIVE, UPON DUNLAVY DRIVE IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH SUNSET LAKES DRIVE, UPON WOODCHASE DRIVE IN A SOUTHEASTERLY DIRECTION AT ITS INTERSECTION WITH DUNLAVY DRIVE, UPON LAKE SHORE DRIVE IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH DUNLAVY DRIVE, UPON SUNSET LAKES DRIVE IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH KIMBERLY DRIVE (SUNSETLAKES, SECTION3); A PENALTY FOR VIOLATION; CONTAINING A SAVINGS Page 11 of 17 - 10/26 195 CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION, AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH STOP SIGNS AT INTERSECTIONS INURES TO THE BENEFIT OF THE TRAVELLING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. . Councilmember Beckman made the motion, seconded by Councilmember Tetens to approve Ordinance No. 878 on its first and only reading. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - APPOINTMENT OF TWO (2) MEMBERS TO THE PARKS & RECREATION BOARD. Councilmember Tetens made the motion, seconded by Councilmember Beckman to appoint Ronald W. Pyle and Belva (Jerri) Farmer to serve on the Parks and Recreation Board. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R98-62 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH BRAZORIA COUNTY TO COOPERATE IN THE CONSTRUCTION, IMPROVEMENT, MAINTENANCE, AND/OR REPAIR OF STREETS OR ALLEYS LOCATED WITHIN THE CORPORATE CITY LIMITS OF PEARLAND. Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Tetens, to approve Resolution No. R98-62. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Page 12 of 17 - 10/26 Voting "No" None. Motion Passed 5 to 0. X99 COUNCIL ACTION AUTHORIZE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AN AMENDMENT" TO WASTE MANAGEMENT'S CONTRACT WITH THE CITY OF PEARLAND. No Council action taken, this item was passed to a future date. COUNCIL ACTION - EXCUSE ABSENCE OF COUNCILMEMBER RICHARD TETENS FROM THE REGULAR MEETING HELD ON OCTOBER 12, 1998. Councilmember Berger made the motion, seconded by Councilmember Beckman, to excuse Councilmember Richard Tetens from the Regular Meeting held on October 12, 1998 Voting "Aye" Councilmembers Beckman, Wilkins, Berger, and Seeger. Voting "Abstain" Councilmember Tetens. Voting "No" None. Motion Passed 4 to 0, with 1 abstention. COUNCIL ACTION - RESOLUTION NO. R98-59 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONFIRMING PASSAGE AND APPROVAL OF RESOLUTION NO. R96-12, GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT IN A REINVESTMENT ZONE CREATED IN THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS, FOR PURPOSES OF BRINGING IT INTO COMPLIANCE WITH CURRENT STATE LAWS; CLARIFYING THE DURATION OF TAX ABATEMENT AGREEMENTS AND THE AMOUNT OF TAXES THAT MAY BE ABATED; CHANGING THE MINIMUM CAPITAL INVESTMENT REQUIRED; AND CHANGING THE NOTICE REQUIREMENTS FOR HOLDING PUBLIC HEARINGS FOR TAX ABATEMENT; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, AND A SEVERABILITY CLAUSE. Councilmember Seeger made the motion, seconded by Councilmember Berger, to approve Resolution No. R98-59. City Attorney Darrin Coker stated that this is a interlocal agreement that is executed annually for the cooperation between the City and the County for maintenance. Page 13 of 17 - 10/26 19'7 Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - REGARDING A REQUEST FROM BRAZORIA COUNTY FOR THE CREATION OF A RURAL FIRE PREVENTION DISTRICT. No Council action taken, this item was passed to a future date. FIRST READING OF ORDINANCE NO. 509-244 - 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 LOT 28, 9.924 ACRES OUT OF THE ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECT. 9, HT & B RR CO. SURVEY, A-234, PLAT RECORDS OF BRAZORIA CO., VOL. 2, PGS. 23 & 24 BRAZORIA CO., TX (14435 MAX ROAD)(APPLICATION NO. 390) FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF CHARLES EASON, AGENT, CHEROTECH 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, to table Ordinance No. 509-244 (Application No. 390) on its first reading so that Council can receive additional information and a better location map of this requested land use change. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 390. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-245 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, Page 14 of 17 - 10/26 1-98 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 117.6207 AC. PARCEL BEING ALL OF LOTS 23 THROUGH 28, AND A PORTION OF LOTS 21, & 31 THROUGH 36, SUBURBAN GARDENS SUBDIVISION, SECT. 85, HT & B RR CO. SURVEY, A-304, AS RECORDED IN VOL. 2, PG. 107-108, PLAT RECORDS OF BRAZORIA CO., TX (APPLICATION NO. 363) (CORNER OF CR 93 & CR 403) FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT THE REQUEST OF JOHN N. TAYLOR, AGENT, THE RITSON MORRIS CORPORATION, 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 made the motion, seconded by Mayor Pro -Tem Wilkins, to approve Ordinance No. 509-245 (Application No. 363) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 363. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-246 - 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 LOTS 1 & 2, BLK. 1, WAGON WHEEL ADDITION, HT & B RR CO. SURVEY, SECT. 14, A-509, ACCORDING TO THE MAP RECORDED IN VOL. 8, PG. 79, PLAT RECORDS OF BRAZORIA CO., TX (APPLICATION NO. 378) FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-2) AT THE REQUEST OF FRANK J. MILLER, 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 Tetens, to approve Ordinance No. 509-246 (Application No. 378) on its first reading. Page 15 of 17 - 10/26 199 Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 378. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-247 - 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. 344, 365, 366) 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 Berger made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-247 (Application Nos. 344,365, and 366) on their first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application Nos. 344. 365 and 366. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Meeting was adjourned at 9:58 p.m. ADJOURNMENT Page 16 of 17 -10/26 -2-0`0 Minutes approved as submitted and/or corrected this the 9t' day of November, A.D., 1998. ATTEST: Tom Reid Mayor Page 17 of 17 - 10/26