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1997-12-08 CITY COUNCIL REGULAR MEETING MINUTES 7:30PMMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON DECEMBER 8, 1997, 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 City Manager Assistant City Attorney City Secretary Tom Reid Helen Beckman Larry Wilkins Kevin Cole William Berger Paul Grohman Darrin Coker Young Lorfing Others in attendance: Project Coordinator Alan Mueller; Assistant Police Chris Doyle; City Engineer John Hargrove; Planning and Community Development Director Dennis Smith; Director of Finance David Castillo; Parks and Recreation Director Ed Hersh; Public Works Director Jerry Burns; and Advanced Intern Ruby Perez. Members Absent: Councilmember Richard Tetens. UNFINISHED BUSINESS: SECOND AND FINAL READING OF ORDINANCE NO. 509-177 - 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 6, BLOCK 2, OF SKYWAY MANOR SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 7, PAGE 67 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 233) (2824 PIPER ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF ALAN EDDY, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Beckman to Page 1 of 5 - 12/08 7:30 approve Ordinance No. 509-177 (Application No. 233) on its second and final reading Voting "Aye" Councilmembers Wilkins, Beckman. Berger, and Cole. Voting "No" None. Motion passed 4 to 0, with Councilmember Tetens being absent. SECOND AND FINAL READING OF ORDINANCE NO. 509-178 -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, OF SKYWAY MANOR SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 7, PAGE 67 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 236) (F.M. 518 AND PIPER ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF MAURIS HARDCASTLE, AGENT, FOR ROBERT L. PETTY, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Councilmember Berger made the motion, seconded by Councilmember Cole to approve Ordinance No. 509-178 (Application No. 236) on its second and final reading. Voting "Aye" Councilmembers Cole, Berger, Beckman, and Wilkins. Voting "No" None. Motion passed 4 to 0, with Councilmember Tetens being absent. SECOND AND FINAL READING OF ORDINANCE NO. 509-179 - 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 SEVERAL TRACTS OF LAND OUT OF H.T.& B.R.R. CO. SURVEY, A-241, BRAZORIA COUNTY, TEXAS (APPLICATION NOS. 119, 120, & 121) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL (C) AT THE REQUEST OF ARTHUR A. PARTAIN, OWNER, Page 2 of 5 - 12/08 7:30 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 Beckman made the motion, seconded by Councilmember Cole to approve Ordinance No. 509-179 (Application Nos. 119, 120, & 121) on its second and final reading. Voting "Aye" Councilmembers Beckman, Berger, and Cole. Voting "No" Councilmember Wilkins. Motion passed 3 to 1, with Councilmember Tetens being absent. NEW BUSINESS: RESOLUTION NO. R97-68 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT WITH ENJAY CONSTRUCTION COMPANY TO PROVIDE WATER SERVICE TO THE AREA BETWEEN WALNUT STREET AND PEAR STREET AND TO INCREASE AND IMPROVE THE CITY'S CAPACITY TO SERVE OTHER PROPERTIES LOCATED IN THE OLD TOWN SITE. Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Beckman to approve Resolution No. R97- 68. City Manager Paul Grohman stated that this is another development agreement as we have done in the past, and that we will be paying for a portion of the water line which is in the old town site. This allows us to link two existing water lines together that the city has already planned to do. Mr. Grohman stated this is consistent with Council's Goals of redeveloping the Old Town Site, it is a good agreement, and he recommended its approval. Voting "Aye" Councilmembers Cole, Berger, Beckman, and Wilkins. Voting "No" None. Motion passed 4 to 0, with Councilmember Tetens being absent. Page 3 of 5 - 12/08 7:30 OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 8:39 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.072 - REAL PROPERTY: DISCUSSION REGARDING THE ACQUISITION OF ROAD RIGHT OF WAY. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 9:13 p.m. 2. CONSIDERATION AND POSSIBLE ACTION - DIRECT STAFF REGARDING THE ACQUISITION OF ROAD RIGHT OF WAY. Councilmember Cole made the motion, seconded by Councilmember Wilkins to direct staff regarding the acquisition of road right of way as discussed in Executive Session. Voting "Aye" Councilmembers Wilkins, Beckman, Berger, and Cole. Voting "No" None. Motion passed 4 to 0, with Councilmember Tetens being absent. ADJOURNMENT Meeting was adjourned at 9:15 p.m. Page 4 of 5 - 12/08 7:30 LJ Minutes approved as submitted and/or corrected this the January , A.D., 1998. .Fll� Sec 'r. Tom Reid Mayor Page 5 of 5 - 12/08 7:30 12th day of e� MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON DECEMBER 12,1997, AT 4:00 P. M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Councilmember Councilmember Councilmember Councilmember Assistant City Attorney City Secretary Tom Reid Kevin Cole William Berger Richard Tetens Larry Wilkins Darrin Coker Young Lorfing Others in attendance: Project Coordinator Alan Mueller; Grants Director Janet Berry; Director Of Finance David Castillo; Director of Administrative Services Mary Hickling; Advance Intern Ruby Perez, Assistant Director of Administrative Services Wendy Standorf; Public Affairs Mattie Culver; and Support Personnel Supervisor Paul Dillon. Members Absent: Mayor Pro -Tem Helen Beckman This special meeting was called upon an emergency basis to address the issue stated herein due to reasonably unforeseen circumstances regarding current remodeling of City Hall and the relocation of certain City personnel. CALL TO ORDER PURPOSE OF THE MEETING: INSTRUCT CITY ATTORNEY TO RELOCATE THE PHYSICAL OFFICES OF THE LEGAL DEPARTMENT TO THE SUITE CURRENTLY HOUSING HUMAN RESOURCE PERSONNEL LOCATED IN THE SOUTH WING OF THE SECOND FLOOR OF CITY HALL TO BE UTILIZED EXCLUSIVELY FOR THE LEGAL DEPARTMENT IN ACCORDANCE WITH CITY ATTORNEY SPECIFICATIONS; AND INSTRUCT CITY MANAGER TO RELOCATE OTHER STAFF MEMBERS NECESSARY TO ACCOMMODATE THIS MOVE. Councilmember Berger made the motion, seconded by Councilmember Wilkins to move this issue to a future meeting Executive Session to discuss the future reporting of the City Attorney and also followed by a performance evaluation at the same meeting. Voting "Aye" Councilmembers Cole, Berger, Tetens, and Wilkins. Page 1 of 2 - 12/12