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1997-05-19 CITY COUNCIL REGULAR MEETING MINUTES-- MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MAY 19, 1997,7:30 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 Councilmember Larry Wilkins Councilmember Helen Beckman Councilmember William Berger Councilmember Richard Tetens Councilmember Kevin Cole Assistant City Manager Richard Burdine City Attorney Amy McCullough City Secretary Young Lorfing Others in attendance: Project Coordinator Alan Mueller; Police Chief Mike Hogg; Assistant Ciity Attorney Darrin Coker; Parks and Recreation Director Ed Hersh; Director of Finance David Castillo; City Engineer John Hargrove. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Mike Hogg, Chief of Police and the Pledge of Allegiance was led by Councilmember William Berger. APPROVAL OF THE MINUTES Councilmember Tetens made the motion, seconded by Councilmember Cole to approve the minutes of the Joint Public Hearing and Regular Council Meetings held on May 12, 1997. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens and Wilkins. Voting "No" None MAYOR'S ACTIVITY REPORT Mayor Reid reported that on April 29 he attended the Clean Cities 2000 Banquet in Austin; on April 30 attended the Houston Area Mayor's Prayer Breakfast, presented a Proclamation at Project Graduation, attended the Kemlon Ground Breaking; on May 1 attended service for National Day of Prayer at City Hall, Meeting of the Industry of the Year Selection Committee, attended annual meeting and Award Banquet for the South East Economic Development (S.E.E.D.) Committee; on May 3 attended the Beltway 8 Road Parry, presented the Hindu Temple a Proclamation; on May 6 presented a program at AARP Meeting ; on May 7 attended the Adult Reading Monthly Meeting; on May 8 attended Pearland Area Infra -Structure Meeting, Citizens Police Academy Graduation Class V.; on May 9 attended the Chamber's Membership Breakfast; on May 13 attended the United Way site visit for the Adult Reading Center, Chamber Function for Clean Pearland; on May 14 attended the Chamber's 11th Annual Senior Scholastic Day Luncheon; on May 15 attended Chamber's Leadership Council, Gulf Coast Water Authority Board of Directors Meeting. Chamber After Hour Business Mixer at the Hobby Hilton; on May 16 attended Police Department 7th Annual Awards Ceremony; on May 17 attended Congressman Delay Meeting, Cameo visit for Partners for Bowling, attended the South Texas Girl Scout Council Awards Ceremony; May 18 presented a Proclamation for the founding of the Professional Women's Education Society for the Pearland/Friendswood Area; on May 18 attended with Police Chief Mike Hogg the Ground Breaking of Tabernacle Church; on May 19 attended the ribbon cutting for Associate Credit Union. Council Activity Reports Councilmember Wilkins reported he attended the Chamber's New Members Mixer at Heritage Plaza on May 13; on May 16 attended the Police Awards; Councilmember Tetens reported that he did not have anything to add everything has been covered. Councilmember Beckman reported the Clean City 2000 was a really a high light and we have done almost everything on the application; attended several of the other things that the Mayor and Councilmember Wilkins mentioned; attended the United Way Neighborhood Day in the north end of town, several volunteers got together and scraped and painted a house for a lady and wanted to Thank all the Volunteers; C.P.A. is having a Fund Raiser selling Cookbooks; the Partners for Pearland is having their 4th Annual Bowl-A-Thon and were successful with the event. Councilmember Berger Thanked the Council and City Staff for the warm welcome and considers it a privileged to be part of the team; on May 15 attended Banker's Round Table held quarterly by the P.E.D.C.; on May 16 complimented the Police Chief and the Staff on the Award Banquet; on May 17 attended Congressman Delay's Meeting. Councilmember Cole reported on April 28, 29 and 30th he had the privilege of going to Washington D.C., and meet with Officials from the F.A.A., Congressman Delay's Staff and Staff from each of our Senator's. They discussed Clover Field Airport issues and different options for funding through the F.A.A. and other sources. Councilmember Cole said he appreciated the opportunity to go to Washington and represent our City. Councilmember Cole wants the Public to know that this Council has not made a decision on Clover Field Airport and don't know if and when they might; on May 15 attended the Chamber Leadership Council and Thanked the Chamber for getting the Leadership Council started again; on May 16 attended the Police Awards Ceremony and Thanked all individuals who serve as Pearland Police Officers. CITY MANAGER'S REPORT Assistant City Manger Richard Burdine announced that Pearland through it's growth and development has reached a Milestone in its history and is now a Billion Dollar City based on the preliminary tax roll from the Appraisal District; announced that Mr. Grohman is at a Conference on Shopping Center Development and is trying to recruit a Regional Shopping Mail. City Attorney, Amy McCullough introduced Mr. Darrin Coker, the Assistant City Attorney CITIZEN'S None. UNFINISHED BUSINESS: MOTION TO REMOVE FROM THE TABLE, ORDINANCE NO. 509-131 Councilmember Beckman made the motion, seconded by Councilmember Wilkins to remove from the table Ordinance No. 509-131. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None Motion passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-131, 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 GRANTING A SPECIFIC USE PERMIT TO ALLOW A MANUFACTURED BUILDING IN A LIGHT INDUSTRIAL DISTRICT ON .7194 ACRE TRACT OF LAND OUT OF TRACT 43 OF THE ZYCHLINSKI SUBDIVISION OF THE H.T. & B. R.R. CO. SURVEY, SECTION 2, ABSTRACT 542, BRAZORIA COUNTY, TEXAS (3909 HALIK - SPECIFIC USE PERMIT NO. 49). Councilmember Tetens made the motion, seconded by Councilmember Wilkins to approve Ordinance No. 509-131 on its first reading. Council instructed the City Attorney to amend the Ordinance to include that a masonry enclosure be constructed around the trailer from its base to the ground. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None 166 Motion passed 5 to 0. MOTION TO REMOVE FROM THE TABLE, ORDINANCE NO. 509-132. Councilmember Wilkins made the motion, seconded by Councilmember Beckman to remove from the table Ordinance No. 509-132. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None Motion passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-132, 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 GRANTING A SPECIFIC USE PERMIT TO ALLOW A MOBILE OFFICE BUILDING IN A HEAVY INDUSTRIAL DISTRICT ON 2.00 ACRES OUT OF LOT 178, ZYCHLINSKI SUBDIVISION, SECTION 28, H.T. & B. R.R. SURVEY, A-551, (G.C. SMITH SURVEY), RECORDED IN VOL. 593, PAGE 407 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS (17605 SH 35 - SPECIFIC USE PERMIT NO. 53). Councilmember Wilkins made the motion, seconded by Councilmember Berger to approve Ordinance No. 509-132 on its first reading. Council instructed the City Attorney to amend the Ordinance to include that a masonry enclosure be constructed around the trailer from its base to the ground. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None Motion passed 5 to 0. SECOND AND FINAL READING OF ORDINANCE NO. 789, AN ORDINANCE OF THE CITY OF COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING, IN ITS ENTIRETY, CHAPTER 22, ENTITLED PEDDLERS ,OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED; HAVING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Councilmember Cole moved for the adoption of Ordinance No. 789 & 790 on its second and final reading. The motion was seconded by Councilmember Tetens. Mayor Reid called for the vote on Ordinance 789, pursuant to the previous motion. Voting "Aye" - Councilmembers Wilkins, Tetens, Beckman, Berger and Cole. Voting "No" - None. Motion passed 5 to 0. SECOND AND FINAL READING OF ORDINANCE NO. 790, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CREATING A NEW CHAPTER 22, ENTITLED PEDDLERS, OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, PROVIDING DEFINITIONS, PROHIBITIONS AND EXCEPTIONS; ESTABLISHING RULES AND PROCEDURES FOR PERMITTING AND REGISTRATION PROCESS; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT. Mayor Reid called for the vote on Ordinance 790, pursuant to the previous motion. Voting "Aye" - Councilmembers Cole, Berger, Beckman, Tetens and Wilkins. Voting "No" None Motion passed 5 to 0. SECOND AND FINAL READING OF ORDINANCE NO. 791, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, VACATING, CLOSING, AND ABANDONING A CERTAIN FORTY FOOT (40) WIDE UNCONSTRUCTED ROAD RIGHT-OF-WAY LOCATED IN THE PINE HOLLOW SUBDIVISION, SECTION 1-C, EAST OF DIXIE FARM ROAD AND SOUTH OF FM 518 (BROADWAY), WITHIN THE CORPORATE CITY LIMITS OF PEARLAND, BRAZORIA COUNTY, TEXAS, IN ACCORDANCE WITH ORDINANCE NO. 788; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Berger moved for the adoption of Ordinance No. 791 on its second and final reading. The motion was seconded by Councilmember Cole. Voting "Aye" - Councilmembers Wilkins, Tetens, Beckman, Berger and Cole. Voting "No" - None. Motion passed 5 to 0. NEW BUSINESS: FIRST AND ONLY READING ORDINANCE NO. 737-39 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 7379 THE BUDGET ORDINANCE, BY AUTHORIZING CERTAIN ADDITIONS AND REDUCTIONS IN GENERAL FUND LINE ITEMS FOR MUNICIPAL PURPOSES; 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 PUBLIC WELFARE OF THE CITIZENRY. Councilmember Beckman moved for the adoption of Ordinance No. 737-3 on its first and only reading. The motion was seconded by Councilmember Tetens. Voting "Aye" - Councilmembers Cole, Berger, Beckman, Tetens and Wilkins Voting "No" - None: Motion passed 5 to 0. RESOLUTION NO. R97- 35 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A DEVELOPMENT AGREEMENT WITH RAVENWOOD SECTION ONE JOINT VENTURE FOR OVERSIZE CONSTRUCTION OF A WATER MAIN TO SERVE THE RAVENWOOD SUBDIVISION IN THE VICINITY OF THE INTERSECTION OF HARKEY ROAD AND COUNTY ROAD 101. Councilmember Cole moved for the adoption of Resolution No. R9735. The motion was seconded by Councilmember Tetens. Voting "Aye" - Councilmembers Wilkins, Tetens, Beckman, Berger and Cole. Voting "No" - None. Motion passed 5 to 0. AWARD OF BID NO. B97-6 FOR A 48" VIBRATORY SMOOTH DRUM ROLLER. Councilmember Berger moved to award of Bid No. B97-6 for a 48" Vibratory Smooth Drum Roller to R.B. Everett, Alternate bid in the amount of $28,850. for a Bomag, Bw120-3, 1997 Model, with 10 hours on the machine. The motion was seconded by Councilmember Cole. Voting "Aye" - Councilmembers Cole, Berger, Beckman, Tetens and Wilkins Voting "No" - None. MS Motion passed 5 to 0. RESOLUTION NO. R97- 33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, UPDATING THE CITY'S EMERGENCY OPERATIONS PLAN; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE. Councilmember Beckman moved for the adoption of Resolution No. R97-33. The motion was seconded by Councilmember Tetens. Voting "Aye" - Councilmembers Cole, Berger, Beckman, Tetens and Wilkins. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R97-31- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AND APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PEARLAND AND U.S. HOME CORPORATION TO ESTABLISH CERTAIN COMMITMENTS IMPOSED AND MADE IN CONNECTION WITH THE DEVELOPMENT OF THE COUNTRYPLACE NORTH PROPERTY AND THE EXTENSION OF McHARD ROAD. Councilmember Tetens moved for the adoption of Resolution No. R97-31. The motion was seconded by Councilmember Wilkins. Voting "Aye" - Councilmembers Wilkins, Tetens, Beckman, Berger and Cole. Voting "No" - None. Motion passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-138, 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 .3615 AC. OUT OF LOT A, WESTGATE PARK, A SUBDIVISION OF 9.575 ACRES OUT OF LOTS 47 AND 48 OF THE ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION OF SEC. 19, H.T.B.R.R. CO. SURVEY, A-243, RECORDED IN V. 16, P. 220 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS. (7933 BROADWAY) (APPLICATION NO. 124) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF LOUIS A. CORTE, 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 Councilmember Beckman to approve Ordinance No. 509-138 on its first reading. Mayor Reid read the Planning & Zoning Commission's recommendation for Application 124. The recommendation was to approve Application 124. Motion passed by a vote of 5 to 0. Voting "Aye" - Councilmembers Cole, Berger, Beckman, Tetens and Wilkins Voting "No" - None. Motion passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-135, 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 FOR A RESIDENTIAL DWELLING IN A GENERAL BUSINESS (GB) DISTRICT ON THE FOLLOWING PROPERTY, TO -WIT: .3615 AC. OUT OF LOT A, WESTGATE PARK, A SUBDIVISION OF 9.575 ACRES OUT OF LOTS 47 AND 48 OF THE ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION OF SEC. 19, H.T.B.R.R. CO. SURVEY, A-243, RECORDED IN V. 16, P. 220 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS. (7933 BROADWAY- SPECIFIC USE PERMIT NO. 50) AT THE REQUEST OF LOUIS A. CORTE, 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 Councilmember Beckman to approve Ordinance No. 509-135 on its first reading. Mayor Reid read the Planning & Zoning Commission's recommendation for a Specific Use Permit No. 50. The recommendation was to approve Specific Use Permit No. 50. Motion passed by a vote of 5 to 0. Voting "Aye" - Councilmembers Wilkins, Tetens, Beckman, Berger and Cole. Voting "No" - None. Motion passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-136, 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 1.79 ACRES OUT OF LOT 60, ALLISON RICHEY GULF COAST CO. SUBDIVISION OF THE HTBRR CO. SURVEY 20 (F.B. DRAKE), A-506, BRAZORIA COUNTY, TEXAS (8535 BROADWAY) (APPLICATION NO. 128) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF CHARLES R. SAVELL , 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 made the motion, seconded by Councilmember Wilkins to approve Ordinance No. 509-136 on its first reading. Mayor Reid read the Planning & Zoning Commission's recommendation for Application 128. The recommendation was to approve Application 128. Motion passed by a vote of 5 to 0. Voting "Aye" - Councilmembers Wilkins, Tetens, Beckman, Berger and Cole. Voting "No" - None.- Motion one: Motion passed 5 to 0. Councilmember Berger made the motion, seconded by Councilmember Cole to approve Ordinance Nos. 509-137, 509-139 and 509-140 on their first readings. FIRST READING OF ORDINANCE NO. 509-137, AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVEL0 MENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED LOT B OF THE WESTGATE PARK SUBDIVISION, RECORDED IN VOLUME 16, PAGES 320 AND 321 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS. (2642 WESTGATE DRIVE) (APPLICATION NO. 125) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF LOUIS A. CORTE, 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 Reid read the Planning & Zoning Commission's recommendation for Application 125. The recommendation was to approve Application 125. Motion passed by a vote of 4 to 1. Mayor Reid called the vote for Ordinance No. 509-137, pursuant to the previous motion. Voting "No" - Councilmembers Cole, Berger, Beckman, Tetens and Wilkins. Voting "Aye" - None. Motion failed 5 to 0. FIRST READING OF ORDINANCE NO. 509-1399 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 LOT D, WESTGATE PARK SUBDIVISION, BRAZORIA COUNTY, TEXAS (2622 WESTGATE DRIVE) (APPLICATION NO. 126) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL (M-1) AT THE REQUEST OF RONNIE P. MOELLER, 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 Reid read the Planning & Zoning Commission's recommendation for Application 126.. The recommendation was to approve Application 126. Motion passed by a vote of 4 to 1. Mayor Reid called the vote for Ordinance No. 509-139, pursuant to the previous motion. Voting "No" - Councilmembers Wilkins, Tetens, Beckman, Berger and Cole. Voting "Aye" - None. Motion failed 5 to 0. FIRST READING OF ORDINANCE NO. 509-140, 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 LOT H, WESTGATE PARK SUBDIVISION, BRAZORIA COUNTY, TEXAS (2550 WESTGATE DRIVE) (APPLICATION NO. 127) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL (M-1) AT THE REQUEST OF JOHN A. & RONNIE P. MOELLER, 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 Reid read the Planning & Zoning Commission's recommendation for Application 127. The recommendation was to approve Application 127. Motion passed by a vote of 4 to 1. Mayor Reid called the vote for Ordinance No. 509-140, pursuant to the previous motion. Voting "No" - Councilmembers Cole, Berger, Beckman, Tetens and Wilkins. Voting "Aye" - None. Motion failed 5 to 0. Councilmember Beckman made the motion, seconded by Councilmember Wilkins to approve Ordinance Nos. 509-141 and 509-142 on their first readings. FIRST READING OF ORDINANCE NO. 509-141, 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 A 188' x 523.9' TRACT OUT OF THE WEST 1/20F LOT 48, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 19, HTBRR CO. SURVEY, A-243, RECORDED IN VOLUME 2, PAGE 230 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (8013 BROADWAY) (APPLICATION NO. 196) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF EMIL HRBACEK, 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 Reid read the Planning & Zoning Commission's recommendation for Application 196. The recommendation was to approve Application 196. Motion passed by a vote of 5 to 0. Mayor Reid called the vote for Ordinance No. 509-141, pursuant to the previous motion. Voting "Aye" - Councilmembers Cole, Berger, Beckman, Tetens and Wilkins. Voting "No" - None. Motion passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-142, 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 TRACT 14, WESTCHESTER ESTATES, BRAZORIA COUNTY, TEXAS (2742 -WESTCHESTER CIRCLE) (APPLICATION NO. 164) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF GREGORY A. & CYNTHIA COLLINS, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE 114 AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mayor Reid read the Planning & Zoning Commission's recommendation for Application 164. The recommendation was to approve Application 164. Motion passed by a vote of 5 to 0. Mayor Reid called the vote for Ordinance No. 509-142, pursuant to the previous motion. Voting "Aye" - Councilmembers Wilkins, Tetens, Beckman, Berger and Cole. Voting "No" - None. Motion passed 5 to 0. OTHER BUSINESS: Council adjourned into executive session at 9:12 p.m. to discuss the following: 1. SECTION 551.074 PERSONNEL MATTERS: CONDUCT INTERVIEW OF APPLICANTS FOR APPOINTMENT TO THE PEARLAND PLANNING AND ZONING COMMISSION. Council returned from executive session at 10:20 p.m. NEW BUSINESS CONTINUED: CONSIDERATION AND POSSIBLE ACTION - APPOINTMENT OF MEMBER(S) TO THE PEARLAND PLANNING AND ZONING COMMISSION. Councilmember Wilkins made the motion, seconded by Councilmember Beckman to appoint Tommy Scott and Don Baker to serve on the Planning and Zoning Commission. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens and Wilkins. Voting "No" None. Motion passed 5-0. ADJOURNMENT Minutes approved as submitted and/or corrected this the ? day of A.D., 1997. 175 Tom Reid Mayor