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1999-01-11 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JANUARY 11, 1999, 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 Manager City Attorney City Secretary Tom Reid Larry Wilkins Helen Beckman Richard Tetens William Berger Klaus Seeger Glen Erwin Darrin Coker Young Lorfing Others in attendance: Sr. Project Manager Alan Mueller; Grants Director Janet Berry; Planning and Development Director Dennis Smith; City Engineer John Hargrove; Director of Finance David Castillo; Parks and Recreation Director Ed Hersh; Director of Administrative Services Mary Hickling; Public Works Director Jerry Burns; Assistant Chief of Police Chris Doyle; Utility Billing Supervisor Missy Miller and Purchasing Officer Gordon Island. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Beckman, and the Pledge of Allegiance was led by City Manager Glen Erwin. APPROVAL OF MINUTES Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to approve the minutes of the December 14, 1998 Joint Public Hearing held at 6:30 p.m. and the minutes of the December 14, 1998 Regular Council Meeting held at 7:15 p.m. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. Page 1 of 15 - 1/11/1999 AE 61 Councilmember Tetens made the motion, seconded by Councilmember Beckman, to approve the minutes of the December 7,1998 Public Hearing held at 6:30 p.m., the minutes of the December 21, 1998 Public Hearing held at 6:30 p.m., and the minutes of the December 21, 1998 Regular Council Meeting held at 7:30 p.m. Voting "Aye" Councilmembers Beckman, Tetens, Berger, and Seeger. Voting "No" None. Voting "Abstain" Mayor Pro -Tem Wilkins. Motion Passed 4 to 0, with 1 abstention. MAYOR'S ACTIVITY REPORT: Mayor Reid welcomed back Frances Denton, who was a little "puny" before Santa Clause arrived. Mrs. Denton stated that she is doing fine. Mayor Reid recognized a long time friend, colleague, and elected official Floyd Myers, Mayor of Webster. Sam Foster, President of Banbury Cross Home Owner's Association, presented Mayor Reid and Parks and Recreation Director Ed Hersh a check made out to the City in the amount of $5,000 for a pavilion in Hyde Park. Mayor Reid stated that the home owner's have taken a blank piece of city owned property, and made it into one of the finest examples of a neighborhood park in the area. Parks and Recreation Director, Ed Hersh, stated that it is a pleasure to work with Mr. Foster, and the home owners in Banbury Cross. Mr. Hersh further stated that the check that was presented tonight will be applied toward the purchase of a pavilion that should be delivered in the next week or two. He informed everyone that this is the final phase of the original concept plan that was started four years ago. Mr. Hersh said to date, Banbury Homeowner's Association has donated more than $32,000 to the City for improvements to the neighborhood park. Keep Pearland Beautiful Executive Director, Delores Fenwick, presented Mayor Reid and Parks and Recreation Director, Ed Hersh, with the plaque for the "Beatification Award" for the month of December. Mrs. Fenwick stated that the City always does an outstanding job decorating for the holidays, and it is a beautiful sight to drive down 518 and see the City Hall Page 2 of 15 -1/11/1999 and how great it looks. 62 COUNCIL'S ACTIVITY REPORTS: Council dispensed with their activity reports. Councilmember Beckman announced that she has a new grandson son Joshua Sione. Councilmember Beckman's son Stephen, wife Timena and 2 Y2 year old sister Helen Lisepa Beckman is excited about having a son and baby brother. CITY MANAGER'S REPORT: City Manager, Glen Erwin, stated that we have planned to have a drainage and detention workshop on January 13,1999. After being informed that a couple of the Councilmembers cannot attend this workshop, it will be rescheduled for Monday, January 18, 1999. CITIZEN'S: Herbert B. Barrier, 12318 Thornbriar Dr., addressed Council with concerns regarding the controlling of storm water in the Clear Creek watershed. Mr. Barrier stated that he served on the Brookside City Council in 1983 when they adopted FEMA guidelines to prevent flooding disasters from happening. He further stated that he is not against development, and is requesting responsible development. In closing, Mr. Barrier said that Brookside Village is requesting the City of Pearland to re-evaluate their guidelines for controlling water in the Clear Creek watershed. Tom Sullivan, 6930 Westlea, addressed Council regarding Ravenwood. West Development, cut a ditch through the Ravenwood Subdivision, and across the berm that Brazoria Drainage District No. 4 controls and is it is now dumping the water in West Lea's drainage cut. Mr. Sullivan thanked City Engineer, John Hargrove, for the assistance the City has given West Lea by reviewing this situation. Joyce Hill, 2411 Garden Road, addressed Council and stated that she is a homeowner in Garden Acres Subdivision and she is on the "last leg" of her water well. She sees that a water line is being installed down Gardenia Street, She wants to be sure that she is included in this waterline because she needs the water as well as sewage. She asked Council to see that the City continues placing city utility services in her area. In closing Ms. Hill thanked Council for all the good work the City is doing. Michael Cotter, 2549 Lazy Bend, submitted a written comment which was read into the Page 3 of 15 - 1/11/1999 63 record by Mayor Reid "The incident last week with the large tractor trailer rig is an excellent example of why this lot at (14103 Suburban Garden Road) should not be zoned M-1 for the safety of Pearland's Citizens" Mayor Reid asked that this Speaker Request be made part of the file for Application No. 484. Joseph Zvanut, 2905 Yorkshire, addressed Council and stated that this is the year that the Council appoints a Charter Review Commission. Mr. Zvanut said that the City Charter does not spell out whom the City Attorney should report to. He also addressed other sections in the Charter regarding the development of property within the City. Mr. Zvanut recommended that the City Manager appoint that Assistant Police Chief J.C. Doyle, to the position of Chief of Police for the City of Pearland. None. CONSENT AGENDA: None. NEW BUSINESS: Mayor Reid with concurrence of Council moved to New Business Item No.8. COUNCIL ACTION - RATIFICATION OF THE APPOINTMENT OF FLOYD MYERS TO SERVE AS ASSOCIATE MUNICIPAL COURT JUDGE. Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Tetens, to ratify the appointment of Floyd Myers to serve as Associate Municipal Court Judge. Mayor Reid stated that Mr. Myers had served as Municipal Judge in a number of cities in the Clear Lake Area, and was appointed two years ago serve here as Associate Municipal Court Judge. At the last meeting when the Presiding Judge and Associate Judges appointments were ratified, Judge Myers name was unintentionally left off of the list. This action would correct that and allow him to serve. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. Page 4 of 15 -1/11/1999 Mayor Reid with concurrence of Council moved back to New Business Item No. 1. COUNCIL ACTION - RESOLUTION NO. R99-1 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AND APPROVING AN AMENDED PARTICIPATION AGREEMENT WITH TEXPOOL, FOR PURPOSES OF AMENDING THE LIST OF THE CITY'S AUTHORIZED REPRESENTATIVES. Councilmember Beckman made the motion, seconded by Councilmember Tetens, to approve Resolution No. R99-1. Director of Finance, David Castillo, addressed Council and stated that this resolution authorizes the change of signatory agents for the City, from the previous City Manager to Glen Erwin, the current City Manager. Mr. Castillo also stated that TexPool is an investment pool for municipalities in Texas. The current yield on investments is little more than 5% at this time. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCILACTION - RESOLUTION NO. R99-2 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AND APPROVING AN AMENDED PARTICIPATION AGREEMENT WITH LONE STAR INVESTMENT POOL, FOR PURPOSES OF AMENDING THE LIST OF THE CITY'S AUTHORIZED REPRESENTATIVES. Councilmember Tetens made the motion, seconded by Councilmember Beckman, to approve Resolution No. R99-2. Director of Finance, David Castillo, addressed Council and stated that this is also an investment pool. It is managed by the Texas Association of School Boards, and is also open to municipalities for investments. Currently they have about a 5% yield on investments. Mr. Castillo in closing stated that this resolution will also authorize the change of City Manager's signatures. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Page 5 of 15 - 1/11/1999 •j 65 Motion Passed 5 to 0. Mayor Reid on behalf of the City Council and Staff presented City Manager, Glen Erwin, with a new desk name plate for his office. FIRST READING OF ORDINANCE NO. 892 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REVISING THE CLEANING FEE AND DAMAGE DEPOSIT FOR RENTAL OF THE PEARLAND COMMUNITY CENTER AND THE MELVIN KNAPP BUILDING; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION AND FOR CODIFICATION. Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 892 on its first reading. Parks and Recreation Director, Ed Hersh, addressed Council and stated, with this ordinance, anyone who rents the Community Center or the Melvin Knapp Building will pay a "security deposit" of $125 and a "cleaning fee" of $125. Mr. Hersh also stated that this will pass the cost for cleaning to the renter of the facilities, and the City will not have to pay overtime to the staff for additional clean up time, ensuring that the building will be properly cleaned and ready for use after each function. Councilmember Beckman stated that she was concerned that nonprofit organizations may not be able to afford to rent the facilities for their annual meetings. Councilmember Tetens stated that he also has concerns that the City was proposing to charge this amount in addition to the rental of a public building. Mayor Pro -Tem Wilkins stated that he feels that the "cleaning fee" of $125 is a reasonable amount to charge. Mr. Hersh stated that this is a recommendation of the Park's Board, and the "cleaning fee" is calculated on average clean up time and cleaning supplies used. City Attorney, Darrin Coker stated by charging everyone the same amount, it would eliminate any "gray areas." Councilmember Tetens also expressed concerns that it may limit the use of the buildings, because everyone may not be able to afford the fees. Voting "Aye" Councilmembers Beckman, Wilkins, Berger, and Seeger. Page 6 of 15 -1/11/1999 M Voting "No" Councilmember Tetens. Motion Passed 4 to 1. FIRST AND ONLY READING OF ORDINANCE NO. 862-1 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 862, THE 1999 ANNUAL BUDGET ORDINANCE, BY AUTHORIZING CERTAIN ADDITIONS AND REDUCTIONS IN GENERAL FUND, WATER AND SEWER FUND, PEDC FUND, IMPACT FUND, 1996 SOUTHWEST PROJECT FUND, 1997 CERTIFICATES OF OBLIGATION FUND, AND CAPITAL PROJECTS FUND LINE ITEMS FOR MUNICIPAL PURPOSES; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO FACILITATE THE CHANGES IDENTIFIED HEREIN WITHOUT FURTHER APPROVAL OF CITY COUNCIL; 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 WELFARE OF THE CITIZENRY. Councilmember Berger made the motion, seconded by Mayor Pro -Tem Wilkins, to approve Ordinance No. 862-1 on its first and only reading. Director of Finance, David Castillo, addressed Council and gave an overview of the proposed budget amendment. He stated that the purpose of this is amendment is to fund one Junior Project Manager and one Project Assistant, the 1997-1998 year-end encumbrances and the former City Manager's settlement. He further stated that this amendment is revenue neutral. Mr. Castillo also commented that the City will probably try to do a budget amendment once every quarter. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - APPOINTMENT OF FIVE (5) MEMBERS TO THE 1999 CHARTER REVIEW COMMISSION. Mayor Reid stated that this year, each Councilmember would nominate an individual to serve on the Charter Review Commission. Each member nominee would be voted on, until all of the Councilmembers have made their recommendation, and a Charter Review Commission is appointed. After the Commission is appointed the Mayor will appoint Page 7 of 15 - 1/11/1999 67 someone to serve as Chair of the Commission. Councilmember Seeger made the motion, seconded by Councilmember Berger, to appoint Jim Deshazer, to serve on the 1999 Charter Review Commission. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. Councilmember Berger made the motion, seconded by Mayor Pro -Tem Wilkins, to appoint Chip Hosek, to serve on the 1999 Charter Review Commission. Voting "Aye" Councilmembers Tetens, Wilkins, Berger and Seeger. Voting "No" Councilmember Beckman. Motion Passed 4 to 1. Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Berger, to appoint Charlie McMurrey, to serve on the 1999 Charter Review Commission. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to appoint Dr. Bobby Stevener, to serve on the 1999 Charter Review Commission. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. Councilmember Beckman made the motion, seconded by Councilmember Tetens, to appoint Judy Zavella, to serve on the 1999 Charter Review Commission. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Page 8 of 15 - 1/11/1999 Voting "No" None. Motion Passed 5 to 0. 68 Mayor Reid stated that a Charter Review Commission is appointed at the first council meeting of odd numbered years. It is "Sunset Commission" and will terminate in June. When it terminates, the Commission makes a recommendations to Council for consideration for a Charter Amendment Election that is held on the even numbered years. Mayor Reid appointed Jim Deshazer to serve as Chair of the Charter Review Commission. Mayor Reid also gave an overview of the responsibilities of the Commission. City Manager, Glen Erwin, stated that he will appoint a staff liaison to work with the City Attorney and Charter Review Commission. COUNCIL ACTION - RESOLUTION NO. R99-3 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING ALL PREVIOUS APPOINTMENTS OF CITY EMPLOYEES TO THE POSITIONS OF ASSISTANT CITY SECRETARY AND DEPUTY COURT CLERK AND RATIFYING THE APPOINTMENT OF CERTAIN CITY EMPLOYEES TO THE AFOREMENTIONED POSITIONS. Councilmember Seeger made the motion, seconded by Councilmember Berger, to approve Resolution No. R99-3. Director of Administrative Services, Mary Hickling, addressed Council and stated that all of the employees that are listed in the resolution are staff members of Administrative Services, except for Lisa Jones, who is assigned to the Legal Department. Mrs. Hickling further stated that it has been several years since we have ratified Assistant City Secretaries, and Court Clerks. Someone of the previous staff members have moved to other departments or have left the City. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - EXCUSE ABSENCE OF COUNCILMEMBER LARRY WILKINS FROM THE REGULAR MEETING HELD ON DECEMBER 21, 1998. Councilmember Beckman made the motion, seconded by Councilmember Tetens, to excuse the absence of Councilmember Larry Wilkins from the Regular Council Meeting Page 9 of 15 - 1/11/1999 69 held on December 21, 1998. Voting "Aye" Councilmembers Beckman, Tetens, Berger, and Seeger. Voting "No" None. Voting "Abstain" Mayor Pro -Tem Wilkins. Motion Passed 4 to 0, with 1 abstention. FIRST READING OF ORDINANCE NO. 509-269 - 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 LOT 48, A 3.99 ACRE TRACT, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, H.T. & B.R.R. CO. SURVEY, RECORDED IN VOLUME 2, PAGE 23, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 483) (13502 ROY ROAD) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF VIRGIL & GRACE M. ELLIOTT, OWNERS, 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 Councilmember Beckman, to approve Ordinance No. 509-269 (Application No. 483) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 483. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-270- 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 THE SOUTH 87.5 FEET OF LOT 7 & THE Page 10 of 15 - 1/11/1999 70 NORTH 12.5 FEET OF LOT 8, BLOCK 6, HICKORY CREEK PLACE SUBDIVISION, H.T. & B. R. R. CO. SURVEY, A-219, RECORDED IN VOLUME 11, PAGES 1-2, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 484)(14013 SUBURBAN GARDEN) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT(M-1) AT THE REQUEST OF VIRGIL COY & GRACE M. ELLIOTT, OWNERS, 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. 509-270 (Application No. 484) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 484. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-271- 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 LOCATION BEING 8.99 ACRES IN LOT 47, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 9, H.T. & B. R. R. CO. SURVEY, A-234, RECORDED IN VOLUME 2, PGS. 23 & 24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 485) (13430 ROY ROAD) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT(M-1) AT THE REQUEST OF VIRGIL & GRACE M. ELLIOTT, OWNERS, 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. 509-271 (Application No. 485) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 485. Page 11 of 15 - 1/11/1999 ?1 Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-272- 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 LOTS 11 & 12, BLOCK 3, HICKORY CREEK PLACE SUBDIVISION AS RECORDED IN THE OFFICIAL RECORDS, BRAZORIA COUNTY, TEXAS (APPLICATION 283) FROM CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT(R-1) AT THE REQUEST OF WILLIAM AND FELICITAS R. GONZALES, OWNERS, 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 Beckman, to approve Ordinance No. 509-272 (Application No. 283) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 283. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - REGARDING AN APPLICATION FROM BOB ELLIS TO MOVE IN A TEMPORARY OFFICE FACILITY TO BE LOCATED AT 1625 NORTH MAIN. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Wilkins, to deny the application from Bob Ellis to move in a temporary office facility to be located at 1625 North Main. Planning and Development, Director Dennis Smith, addressed Council and stated that this application is for a 14x30 portable building to be moved in at 1625 N. Main, as a trailer sales lot. Mr. Smith said that he has not seen any drawings or pictures regarding the type Page 12 of 15 -1/11/1999 72 of building that is being proposed. He further stated that after discussing this application with the Chief Building Official, and based on the information the City currently has, it is Staffs recommendation not to approve moving in a portable building at this location. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - REGARDING AN APPLICATION FROM JACK MCGUFF TO MOVE IN A TEMPORARY OFFICE FACILITY TO BE LOCATED AT 4401 RICE DRYER ROAD. Councilmember Tetens made the motion, seconded by Councilmember Beckman, for the purpose of getting this item on the table to approve an application from Jack McGuff to move in a temporary office facility to be located at 4401 Rice Dryer Road. Planning and Development, Director Dennis Smith, addressed Council and stated that this applicant is requesting to move in two, 14x80, 3 bedroom, 2 bath, mobile homes, to be located at 4401 Rice Dryer Road. Mr. Smith said that the purpose of these facilities as listed on the application is for security and volunteer Christians. Mr. Smith also stated when they originally met with the representatives from Christian Alliance, they had mentioned the r-- need for a small trailer for security purposes, and at that particular time the City did not anticipate any problem with that request. Mr. Smith reported that the application as presented with the two 14 x 80 mobile homes seems to be more than the facility needed for security. With the information the City has, Mr. Smith is not sure why there is a need for two mobile homes. There is a house on the property that could possibly be renovated and be used for security purposes. Mr. Smith stated that based on the information the City now has, it is Staffs recommendation to deny this application. Daniela Sullivan-Marzahl, Resource Coordinator for Christian Alliance, addressed Council and stated that the purpose for having the two mobile homes is that Churches from all over the nation are sending people down to help with the humanitarian aid effort, and they need a place to house these volunteers. During the Hurricane Mitch effort, Christian Alliance loaded and emptied the warehouse three times. She also stated that they would like to have a place to offer these people to stay when they are giving their time. There was additional discussion between the Council, City Attorney, Staff, and Christian Alliance Representatives; Ms. Sullivan-Marzahl and Mr Stokley. Councilmember Berger made the motion, seconded by Mayor Pro -Tem Wilkins, to table this Page 13 of 15 - 1/11/1999 73 item, to review the application and see if the City can accommodate this request. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:35 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.074 - PERSONNEL MATTERS - DISCUSSION REGARDING THE APPOINTMENT OF AN ASSISTANT CITY ATTORNEY FOR THE CITY OF PEARLAND. 2. SECTION 551.071- CONSULTATION WITH THE CITY ATTORNEY - REGARDING POTENTIAL LITIGATION ASSOCIATED WITH THE CITY OF PEARLAND'S (ETJ) EXTRATERRITORIAL JURISDICTION Council returned from Executive Session at 10:07 p.m. NEW BUSINESS (CONTINUED): COUNCIL ACTION - REGARDING THE APPOINTMENT OF AN ASSISTANT CITY ATTORNEY FOR THE CITY OF PEARLAND. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Wilkins, to appoint Nghiem Doan as Assistant City Attorney for the City of Pearland, with an effective date of January 12, 1999. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. Page 14 of 15 -1 /11 /1999 7 COUNCIL ACTION - REGARDING POTENTIAL LITIGATION ASSOCIATED WITH THE r' CITY OF PEARLAND'S ETJ (EXTRATERRITORIAL JURISDICTION). Councilmember Tetens made the motion, seconded by Councilmember Berger, to authorize the City Manager or his designee to continue the negotiations regarding the ETJ (Extraterritorial Jurisdiction) apportionment agreement. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Meeting was adjourned at 10:09 p.m. ADJOURNMENT Minutes approved as submitted and/or corrected this the 25th day of Janyaw, A.D., 1999. Tom Reid Mayor ATTEST: Page 15 of 15 - 1/11/1999 THIS PAGE LEFT INTENTIONALLY BLANK