1996-12-20 CITY COUNCIL REGULAR MEETING MINUTESff
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON DECEMBER 20, 1996, AT 6:00 P. M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
The meeting was called to order with the following present:
Mayor Tom Reid
Mayor Pro Tem/Councilmember Jerry Richardson
Councilmember Helen Beckman
Councilmember Richard Tetens
Councilmember Larry Wilkins
Councilmember Kevin Cole
City Attorney Amy McCullough
City Secretary Yolanda C. Benitez
Others in attendance: Assistant City Manager Richard Burdine; City Engineer John
Hargrove; and Assistant Economic Development Director John Bowman.
INVOCATION AND PLEDGE OF ALLEGIANCE:
The invocation was given by Councilmember Larry Wilkins and the Pledge of Allegiance
was led by Assistant City Manager Richard Burdine.
Mayor Reid announced that the remaining formalities would be bypassed and he would
be moving directly to the Mayor's Activity Report. He recognized the Clean Pearland
organization and turned the program over to the President of Clean Pearland, Richard
Eskuchen. Their presentation consisted of a slide presentation depicting Clean
Pearland's vision for Centennial Boulevard. Mr. Eskuchen noted that their development
standards included: low and coordinated on -premise signage, wide landscaping
setbacks, berms along setbacks, planned utility easement, underground utility lines,
upgraded utility poles, quality signage and light poles, coordinated brick facades and
roof colors, meandering sidewalks, and dumpster screenings. At this time, he presented
standards from Friendswood Development Company and First Colony to the City
Secretary.
Boardmember Stella Roberts continued with the presentation and noted some of the
surrounding communities who are already implementing the changes proposed by Clean
Pearland. She suggested using some of the dirt presently being dug out in retention
pond areas for the creation of berms. Mrs. Roberts pointed out that meandering
sidewalks would provide safe passage for the citizens. Other suggestions included the
dedication of public areas for major planting of pear trees, lower signage, and screening
of dumpsters.
UNFINISHED BUSINESS:
SECOND READING OF ORDINANCE NO. 509-107 - AN ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE
PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY
LOCATED IN A 9.014 ACRE TRACT OF LAND IN THE NORTHWEST 1/4 OF THE
NORTHWEST 1/40F THE H.T.&B.R.R. COMPANY SURVEY, SECTION 17, ABSTRACT
242, BRAZORIA COUNTY, TEXAS (8210 BROADWAY - APPLICATION NO. 94) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL
DISTRICT (C) ON THE REQUEST OF JAMES MEDEARIS, 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 Cole moved for the adoption of Ordinance No. 509-107 on its second
and final reading. The motion was seconded by Councilmember Beckman.
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman.
Voting "No" - None.
Motion passed 5 to 0.
City Attorney McCullough suggested that the following seven items be read together and
acted upon under one motion.
SECOND READING OF ORDINANCE NO. 509-108 - AN ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE
PURPOSE OF GRANTING A SPECIFIC USE PERMIT TO ALLOW A SINGLE FAMILY
HOUSE WITH A BARN, HAY PASTURE, AND TWO TO THREE HORSES IN A
SUBURBAN DEVELOPMENT DISTRICT -BUSINESS COMPATIBLE ON 18.4 ACRES OUT
OF THE T.D. YOCUM SURVEY, Z-399 AND THE A.C.H.&B. SURVEY, A-147, BRAZORIA
COUNTY, TEXAS (JOHN LIZER ROAD - SPECIFIC USE NO. 47) AT THE REQUEST OF
DAN M. WORRALL, 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.
SECOND READING OF ORDINANCE NO. 509-109 - AN ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE
PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY
LOCATED ON THE EAST 10.0 FEET OF LOT 7 AND THE WEST 70 FEET OF LOT 6 OF
THE PARTITION OF THE MAHANAY LANDS, H.T.&B.R.R. CO. SURVEY, SECTION 15,
ABSTRACT 241, BRAZORIA COUNTY, TEXAS (6834 BROADWAY - APPLICATION NO.
97) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL
BUSINESS DISTRICT (GB) ON THE REQUEST OF ALLEN PATSCHKE, 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.
SECOND READING OF ORDINANCE NO. 509-110 - AN ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE
PURPOSE OF GRANTING A SPECIFIC USE PERMIT TO ALLOW AN EXISTING SINGLE
FAMILY DWELLING IN A GENERAL BUSINESS DISTRICT ON THE EAST 10.0 FEET OF
LOT 7 AND THE WEST 70 FEET OF LOT 6 OF THE PARTITION OF THE MAHANAY
LANDS, H.T.&B.R.R. CO. SURVEY, SECTION 15, ABSTRACT 241, BRAZORIA COUNTY,
TEXAS (6834 BROADWAY - SPECIFIC USE NO. 48) ON THE REQUEST OF ALLEN
PATSCHKE, 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.
SECOND READING OF ORDINANCE NO. 509-111 - AN ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE, OF THE CITY OF PEARLAND, TEXAS, FOR THE
PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY
LOCATED ON TRACT NO. 32 OF WESTCHESTER ESTATES, ACCORDING TO THE
JACK C. MCKNIGHT SURVEY THEREOF DATED APRIL 18, 1962, A PARTITION OF THE
H.T.&B. RAILROAD SURVEY, ABSTRACT 242, IN BRAZORIA COUNTY, TEXAS (2738
MANVEL ROAD - APPLICATION NO. 99) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) ON THE
REQUEST OF LORENE LLEWELLYN, 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.
SECOND READING OF ORDINANCE NO. 509-112 - AN ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE, OF THE CITY OF PEARLAND, TEXAS, FOR THE
PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY
LOCATED ON TRACT NO. 31 OF WESTCHESTER ESTATES, ACCORDING TO THE
JACK C. MCKNIGHT SURVEY THEREOF DATED APRIL 6, 1962, A PARTITION OF THE
H.T.&B. RAILROAD SURVEY, ABSTRACT 242, IN BRAZORIA COUNTY, TEXAS (2738
MANVEL ROAD - APPLICATION NO. 100) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) ON THE
REQUEST OF LORENE LLEWELLYN, 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.
SECOND READING OF ORDINANCE NO. 509-113 - AN ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE, OF THE CITY OF PEARLAND, TEXAS, FOR THE
PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY
LOCATED ON TRACT A - A 0.6878 TRACT OF LAND OUT OF A 1.555 ACRE TRACT
OUT OF THE SOUTHWEST CORNER OF LOT 32 OF THE ALLISON RICHEY GULF
COAST HOME CO. SUBDIVISION OF SECTION 9, H.T.&B.R.R. CO. SURVEY, A-234,
BRAZORIA COUNTY, TEXAS (2641 MAX ROAD - APPLICATION NO. 102) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL
DISTRICT (C) ON THE REQUEST OF JOE AND FRANCES SORIA, 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.
SECOND READING OF ORDINANCE NO. 509-114 - AN ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE, OF THE CITY OF PEARLAND, TEXAS, FOR THE
PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY
LOCATED ON TRACT 1 - 0.1433 ACRES, TRACT 2 - 0.1967 ACRES AND TRACT 3 -
0.4419 ACRES OF LAND OUT OF 0.7819 ACRES OUT OF 2.00 ACRES OF LAND, BEING
OUT OF THE WEST'/2 OF THE NORTHWEST'/4 OF THE H.T.&B.R.R. CO. SURVEY, A-
241, BRAZORIA COUNTY,TEXAS (7126 BROADWAY - APPLICATION NO. 103) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS
DISTRICT (GB) ON THE REQUEST OF RICHARD L. SPRADLEY, 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 Beckman moved for the approval of Ordinance No. 509-108, Ordinance
No. 509-109, Ordinance No. 509-110, Ordinance No. 509-111, Ordinance No. 509-112,
Ordinance No. 509-113, and Ordinance No. 509-114 on their second and final readings.
The motion was seconded by Councilmember Tetens.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole.
Voting "No" - None.
Motion passed 5 to 0.
A
SECOND READING OF ORDINANCE NO. 509-115 - AN ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE, OF THE CITY OF PEARLAND, TEXAS, FOR THE
PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY
LOCATED ON LOT 5, BLOCK 3, OF SKYWAY MANOR OF THE H.T.&B.R.R. CO.
SURVEY, (2751 MANVEL ROAD - APPLICATION NO. 104) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) ON THE
REQUEST OF JESSE GALLEGOS, OWNER; PROVIDING FOR AN AMENDMENT OF THE
LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE; AND OTHER PROVISIONS RELATED TO THE
SUBJECT.
City Attorney McCullough stated that since this item had been denied by Council at their
meeting held on December 17, 1996, they could pass on it at this time. She explained
that the agenda had already been posted prior to the action taken at the December 17th
meeting.
SECOND READING OF ORDINANCE NO. 762 - AN ORDINANCE EXTENDING THE
CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA
WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF
PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; APPROVING
A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES;
OMM CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A
SAVINGS AND SEVERABILITY CLAUSE (SH 288).
Councilmember Cole moved for the adoption of Ordinance No. 762 on its second and
final reading. The motion was seconded by Councilmember Richardson.
Assistant City Manager Burdine explained that the acreage involved in this annexation
had been reduced since the first reading of the ordinance took place at the previous
Council meeting. Instead of 1,385 acres, the area now involves 1,213 acres, or a
reduction of 172 acres. Mr. Burdine stated that the map, service plan, and metes and
bounds description had all been amended to show the change in the acreage.
CITIZEN:
1. Peyton Martin - Mr. Martin stated that he was representing Brazoria County M.U.D.
#10 and landowners in the proposed annexed area. He pointed out that Brazoria
County M.U.D. #10 is included in the proposed annexation area and has incurred
debt obligations which must be assumed by the City and paid off upon
annexation. Mr. Martin stated that there is no less than $25,000 debt owed for the
legal aspects of the obligation, and does not include additional obligations owed
to engineers, market consultants and other contractors. He further urged that the
Council vote "No" on the proposed annexation and to make every attempt to
obtain the full disclosure of the impact that the annexation will have on the City.
6
Councilmember Wilkins inquired about the reason for reducing the acreage in the
proposed annexation. Assistant City Manager Burdine replied that the major property
owner requested a delay until after January 1 because of tax implications, and they have
agreed to petition for the annexation at that time.
A lengthy discussion followed with regard to the debt obligations involving Brazoria
County M.U.D. #10 and other issues involving the annexation. Assistant City Manager
Burdine recommended moving forward with this annexation.
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman.
Voting "No" - None.
Motion passed 5 to 0.
SECOND READING OF ORDINANCE NO. 763 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION 21-22, OIL AND
GAS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS THE SAME MAY HAVE
BEEN, FROM TIME TO TIME, AMENDED, FOR THE PURPOSE OF CLARIFYING
ALLOWABLE DRILLING SITES AND RECOGNIZING RECORDED DRILL SITES;
PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER
CLAUSE, A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION
AND AN EFFECTIVE DATE.
Councilmember Wilkins moved for the adoption of Ordinance No. 763 on its second and
final reading. The motion was seconded by Councilmember Cole.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole.
Voting "No" - None.
Motion passed 5 to 0.
NEW BUSINESS:
AWARD OF BID NO. B96-25 - NEW LOADER/BACKHOE
Assistant City Manager Burdine presented this item for Council consideration and
recommended awarding the bid to Carruth -Doggett in the amount of $35,275.00.
Councilmember Richardson moved to award Bid No. B96-25 to Carruth -Doggett in the
amount of $35,275.00. The motion was seconded by Councilmember Cole.
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman.
Voting "No" - None.
Motion passed 5 to 0.
OTHER BUSINESS: None.
ADJOURNMENT
Meeting was adjourned at 6:47 p.m.
Minutes approved as submitted
A. D., 1997.
ATTEST:
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Secretary
and/or corrected this the 1.?1 day of
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Tom Reid
Mayor
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