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1997-06-23 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON JUNE 23, 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 Councilmember City Manager City Attorney City Secretary Tom Reid Helen Beckman Larry Wilkins William Berger Richard Tetens Kevin Cole Paul Grohman Amy McCullough Young Lorfing Others in attendance: Assistant City Manager Richard Burdine; Project Coordinator Alan Mueller; Police Chief Mike Hogg; City Engineer John Hargrove; Parks and Recreation Director Ed Hersh; Grants Director Janet Berry; and Planning and Community Development Director Dennis Smith. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Councilmember Wilkins and the Pledge of Allegiance was led by Councilmember Berger. APPROVAL OF MINUTES Councilmember Tetens made the motion, seconded by Councilmember Wilkins to approve the minutes of the Joint Public Hearing and the Regular Council Meeting held on June 23,1997. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion Passed 5 to 0 MAYOR'S REPORT Page 1 of 17 - 6/23 211 Mayor Reid dispensed of the Activity Reports due to the size of the meeting. Mayor Reid introduced two guests in the audience, Mayor Merl Bradley from the City of Manvel and the City Administrator Todd Parton. CITIZENS: None. Mayor Reid with the consensus of the City Council, moved this new business item to the beginning of the agenda. COUNCIL'S ACTION - DIRECTING STAFF TO CONSIDER THE MANVEL/PEARLAND BOUNDARIES. Councilmember Cole made the motion, seconded by Councilmember Berger to direct staff to consider the Manvel/Pearland Boundaries. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. UNFINISHED BUSINESS: SECOND AND FINAL READING OF ORDINANCE NO. 792 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING A VOLUNTARY PARKS AND RECREATION DONATION FUND; HAVING A SAVINGS CLAUSE, SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Beckman to approve Ordinance No. 792 on its second and final reading. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. City Attorney Amy McCullough informed Council that Ordinance No.509-143 Page 2 of 17 - 6/23 (Application No. 134), Ordinance No. 509-144 (Application No. 206), Ordinance No. 509-145 (Application No. 212) and Ordinance No. 509-146 (Specific Use Permit 54) could be acted upon together. SECOND AND FINAL READING OF ORDINANCE NO. 509-143 - 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 LOTS 7 & 8, BLOCK 3, SKYWAY MANOR, BRAZORIA COUNTY, TEXAS (2811 MANVEL ROAD) (APPLICATION NO. 134) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF THEODORE M. SLAFKA, 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 AND FINAL READING OF ORDINANCE NO. 509-144 - 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 TRACTS 1 & 2, OF WESTCHESTER ESTATES, BRAZORIA COUNTY, (2900 MANVEL ROAD) (APPLICATION NO. , 206) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF WILLIAM J. FIELDER, 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 AND FINAL READING OF ORDINANCE NO. 509-145 - 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 46C1, A .5 ACRE TRACT IN THE F.B. DRAKE SURVEY, A-504, (TAX ACCOUNT #: 05040070120), BRAZORIA COUNTY, (6 709 BROADWAY) (APPLICATION NO. 212) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF ROBERT GARY FORREST & GARY WAYNE FORREST & CRAIG ALLEN FORREST, 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. Page 3 of 17 - 6/23 SECOND AND FINAL READING OF ORDINANCE NO. 509-146 - 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: LOT 46C1, A.5 ACRE TRACT IN THE F.B. DRAKE SURVEY, A- 504, (TAX ACCOUNT #: 05040070120), BRAZORIA COUNTY, TEXAS. (6709 BROADWAY) (SPECIFIC USE PERMIT NO. 54) AT THE REQUEST OF ROBERT GARY FORREST & GARY WAYNE FORREST & CRAIG ALLEN FORREST, 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 Berger to approve Ordinance No. 509-143 (Application No. 134), Ordinance No. 509-144 (Application No. 206), Ordinance No. 509-145 (Application No. 212) and Ordinance No. 509-146 (Specific Use Permit 54) on their second and final reading. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. City Attorney Amy McCullough informed Council that Ordinance No.509-147 (Application No. 214) and Ordinance No. 509-148 (Specific Use Permit 55) could be acted upon together. SECOND AND FINAL READING OF ORDINANCE NO. 509-147 - 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 34 OF THE SUBDIVISION OF SECTION 3, H.T.B.R.R. CO. SURVEY, A-232, AS RECORDED IN VOLUME 29, PAGE 43,' OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS. 0 871 MYKAWA ROAD) (APPLICATION NO. 214) FROM THE CLASSIFICATION OF LIGHT INDUSTRIAL DISTRICT (M1) TO HEAVY INDUSTRIAL DISTRICT (M2) AT THE REQUEST OF PEARLAND ASSOCIATES, L.P., 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. Page 4 of 17 - 6/23 SECOND AND FINAL READING OF ORDINANCE NO. 509-148 - 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 BLENDING AND THE STORAGE OF PETROLEUM PRODUCTS ON THE FOLLOWING PROPERTY, TO - WIT: LOT 34 OF THE SUBDIVISION OF SECTION 3, H.T.B.R.R. CO. SURVEY, A-232, AS RECORDED IN VOLUME 29, PAGE 43, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS. (1871 MYKAWA ROAD) (SPECIFIC USE PERMIT NO. 55) AT THE REQUEST OF PEARLAND ASSOCIATES, L.P., 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.509-147 (Application No. '414) and Ordinance No. 509-148 (Specific Use Permit 55) on their second and final reading. Voting "Aye" Councilmembers Tetens, Beckman, Berger, Cole. Voting "No" Wilkins. Motion passed 4 to 1. NEW BUSINESS: AWARD OF BID NO. B97-8 FOR THE SANITARY SEWER SYSTEM. Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Berger to award the Bid No. B97-8 for the sanitary sewer system to BRH Garver in the amount of $419,684.00. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. COUNCIL'S ACTION - AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENGAGE THE SERVICES OF AN ENGINEER AND REQUEST BIDS FOR CONSTRUCTION OF A ROAD ON THE DAVID L. SMITH SITE FOR PURPOSES OF HAULING DIRT AND OTHER CONSTRUCTION MATERIALS. Page 5 of 17 - 6/23 X13 Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Berger to authorize the City Manger or his designee to engage the services of an engineer and request bids for construction of a road on the David L. Smith site for purpose of hauling dirt and other construction materials. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. COUNCIL'S ACTION - AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AN INTERLOCAL AGREEMENT WITH BRAZORIA DRAINAGE DISTRICT NO. 4 TO WORK IN COOPERATION IN ADDRESSING EMERGENCY SITUATIONS. Councilmember Tetens made the motion, seconded by Councilmember Wilkins to authorize the City Manger or his designee to negotiate an Interlocal Agreement with Brazoria County Drainage District No. 4 to work in cooperation in addressing emergency situations. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. City Attorney Amy McCullough informed Council that Ordinance Nos. 793, 794, 795, 769, 797, 798, 799, 800, 801, 802, 803 and 804 could be acted upon together. City Councilmembers shared the readings of these captions as follows: FIRST AND ONLY READING OF ORDINANCE NO. 793 - 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 SCHLEIDER DRIVE IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH PLUM STREET, UPON PLUM STREET IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH SCHLEIDER DRIVE, UPON SCHLEIDER DRIVE IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH BARRY ROSE ROAD, UPON YUPON STREET IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH PLUM STREET; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION AND Page 6 of 17 - 6/23 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. FIRST AND ONLY READING OF ORDINANCE NO. 794 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RECOGNIZING McHARD ROAD AS BEING LOCATED WITHIN THE CITY FROM APPROXIMATELY 300 FEET EAST OF THE INTERSECTION OF THE SOUTH FRONTAGE ROAD OF STATE HIGHWAY 288 ("SH 288") AND McHARD ROAD TO THE WESTERN CITY LIMIT LINE; AND ESTABLISHING A SPEED LIMIT ON SAID SECTION OF McHARD ROAD AT 30 MILES PER HOUR; PROVIDING 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 FOR SPEED LIMIT SIGNS IN THIS AREA INURES TO THE BENEFIT OF THE TRAVELLING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. FIRST AND ONLY READING OF ORDINANCE NO. 795 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RECOGNIZING COUNTY ROAD 59 AS BEING LOCATED WITHIN THE CITY FROM COUNTY ROAD 94 TO THE WESTERN CITY LIMIT LINE; RENAMING SAID SECTION OF COUNTY ROAD 59 AS AIRLINE -FT. BEND ROAD; AND ESTABLISHING A SPEED LIMIT ON SAID SECTION OF AIRLINE -FT. BEND ROAD AT 30 MILES PER HOUR; PROVIDING 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 FOR SPEED LIMIT SIGNS IN THIS AREA INURES TO THE BENEFIT OF THE TRAVELLING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. FIRST AND ONLY READING OF ORDINANCE NO. 796 - 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 AIRLINE -FT. BEND ROAD IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH THE SOUTHBOUND LANE OF STATE HIGHWAY 288 ("SH 288"), UPON AIRLINE -FT. BEND ROAD IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH THE NORTHBOUND LANE OF SH 288, UPON AIRLINE -FT. BEND ROAD IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH THE SOUTHBOUND LANE OF SH 288; UPON AIRLINE -FT. BEND ROAD IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH THE NORTHBOUND LANE OF SH 288; PROVIDING A PENALTY FOR Page 7 of 17 - 6/23 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. FIRST AND ONLY READING OF ORDINANCE NO. 797 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RECOGNIZING MORRIS ROAD AS BEING LOCATED WITHIN THE CITY FROM THE NORTH RIGHT-OF-WAY LINE OF AIRLINE -FT. BEND ROAD TO THE NORTH APPROXIMATELY 1600 FEET AND FROM THE SOUTH RIGHT-OF-WAY LINE OF AIRLINE -FT. BEND ROAD TO THE SOUTH APPROXIMATELY 700 FEET; AND ESTABLISHING A SPEED LIMIT ON SAID SECTION OF MORRIS ROAD AT 30 MILES PER HOUR; PROVIDING 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 FOR SPEED LIMIT SIGNS IN THIS AREA INURES TO THE BENEFIT OF THE TRAVELLING PUBLIC AND, :THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. FIRST AND ONLY READING OF ORDINANCE NO. 798 - 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 MORRIS ROAD IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH AIRLINE -FT. BEND ROAD AND UPON MORRIS ROAD IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH AIRLINE -FT. BEND ROAD; PROVIDING 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. FIRST AND ONLY READING OF ORDINANCE NO. 799 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RECOGNIZING STATE HIGHWAY 288 ("SH 288") AS BEING LOCATED WITHIN THE CITY FROM THE CENTERLINE INTERSECTION OF HUGHES RANCH ROAD (COUNTY ROAD 403) AND SH 288 TO THE SOUTHERN CITY LIMIT LINE; AND RECOGNIZING THE SPEED LIMIT ON SAID SECTION OF SH 288 AS 70 MILES PER HOUR; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND Page 8 of 17 - 6/23 A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED FOR SPEED LIMIT SIGNS IN THIS AREA INURES TO THE BENEFIT OF THE TRAVELLING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. FIRST AND ONLY READING OF ORDINANCE NO. 800 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RECOGNIZING COUNTY ROAD 92 AS BEING LOCATED WITHIN THE CITY FROM COUNTY ROAD 94 TO THE WESTERN CITY LIMIT LINE; RENAMING SAID SECTION OF COUNTY ROAD 92 AS SMITH MILLER ROAD; AND ESTABLISHING A SPEED LIMIT ON SAID SECTION OF SMITH MILLER ROAD AT 30 MILES PER HOUR; PROVIDING 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 FOR SPEED LIMIT SIGNS IN THIS AREA INURES TO THE BENEFIT OF THE TRAVELLING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. FIRST AND ONLY READING OF ORDINANCE NO. 801 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RECOGNIZING HILL HOUSE ROAD AS BEING LOCATED WITHIN THE CITY FROM BROADWAY STREET TO THE NORTHERN CITY LIMIT LINE; AND ESTABLISHING A SPEED LIMIT ON SAID SECTION OF HILL HOUSE ROAD. AT 30 MILES PER HOUR; PROVIDING 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 FOR SPEED LIMIT SIGNS IN THIS AREA INURES TO THE BENEFIT OF THE TRAVELLING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. FIRST AND ONLY READING OF ORDINANCE NO. 802 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING A STOP SIGN WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON HILL HOUSE ROAD IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH BROADWAY STREET (FM 518); PROVIDING 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 Page 9 of 17 - 6/23 CITIZENRY. FIRST AND ONLY READING OF ORDINANCE NO. 803 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RECOGNIZING COUNTY ROAD 896 AS BEING LOCATED WITHIN THE CITY FROM SMITH MILLER ROAD (COUNTY ROAD 92) TO THE SOUTHERN END OF ITS DEDICATED ROAD RIGHT-OF-WAY; RENAMING SAID SECTION OF COUNTY ROAD 896 AS GLOSSON ROAD; AND ESTABLISHING A SPEED LIMIT ON SAID SECTION OF GLOSSON ROAD AT 30 MILES PER HOUR; PROVIDING 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 FOR SPEED LIMIT SIGNS IN THIS AREA INURES TO THE BENEFIT OF THE TRAVELLING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. FIRST AND ONLY READING OF ORDINANCE NO. 804 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING A STOP SIGN WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON GLOSSON ROAD IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH SMITH MILLER ROAD (COUNTY ROAD 92); PROVIDING 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. Upon completion of said reading Councilmember Berger made the motion, seconded by Councilmember Cole to approve Ordinance Nos. 793, 794, 795, 796,797, 798, 799, 800, 801, 802, 803 and 804 on their first and only reading. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. RESOLUTION NO. R97-36 - 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 CONSTRUCT SOCCER FIELDS FOR PROJECTS LOCATED AT INDEPENDENCE PARK Page 10 of 17-6/23 AND CENTENNIAL PARK. Councilmember Cole made the motion, seconded by Councilmember Wilkins to approve Resolution No. R97-36. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. RESOLUTION R97-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT A PROPOSAL TO THE U.S. DEPARTMENT OF JUSTICE UNDER THE COPS ADVANCING COMMUNITY POLICING PROGRAM FOR EQUIPMENT TO ENHANCE THE COMMUNITY POLICING PROGRAM IN PEARLAND. Councilmember Wilkins made the motion, seconded by Councilmember Cole to approve Resolution No. R97-37. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. RESOLUTION R97-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT A GRANT PROPOSAL TO THE HOUSTON-GALVESTON AREA COUNCIL FOR A SOLID WASTE MANAGEMENT GRANT AND EXECUTE ALL AGREEMENTS ASSOCIATED WITH APPLICATION. Councilmember Tetens made the motion, seconded by Councilmember Cole to approve Resolution No. R97-38. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger and Cole. Voting "No" None. Motion passed 5 to 0. Page 11 of 17 - 6/23 RESOLUTION NO. R97-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A REV/SED DEVELOPMENT AGREEMENT WITH PEARLAND PLAZA PARTNERS, A TEXAS GENERAL PARTNERSHIP, FOR OVERSIZE CONSTRUCTION OF A WATER MAIN AND SANITARY SEWER FACILITIES TO SERVE A SHOPPING CENTER SITE AND OTHER PROPERTIES IN THE VICINITY OF THE INTERSECTION OF BROADWAY (FM 518) AND OLD MANVEL ROAD (FM 1128), CONCRETE PAVEMENT OF A THOROUGHFARE EXTENDING INTO THE SITE, AND TRAFFIC SIGNAL IMPROVEMENTS. Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Tetens to approve Resolution No. R97-39. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-149 - 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 O CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED ON LOTS A & B, SECTION 3, GARDEN ACRES, 2.617 ACRES OUT OF TRACT 36, H.T. & B.R.R. SURVEY, SECTION 7, A-219, AS RECORDED IN VOLUME 10, PAGE 77 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS. (5800 BROADWAY) (APPLICATION NO. 213) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF JOSEPHINE M. LEGGIO, 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.509-149 (Application No. 213) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application 213). Voting "Aye" Councilmembers Tetens, Beckman, Berger and Cole. Page 12 of 17 - 6/23 Voting "No" Councilmember Wilkins. Motion passed 4 to 1. City Attorney Amy McCullough informed Council that Ordinance No.509-150 (Application No. 133) and Ordinance No. 509-151 (Application No. 206) could be acted upon together. FIRST READING OF ORDINANCE NO. 509-150 - 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 4, BLOCK 3, SKYWAY MANOR, H.T.&B,R.R. SURVEY, A-241, BRAZORIA COUNTY, TEXAS. (2743 MANVEL ROAD) (APPLICATION NO. 133) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL (C) AT THE REQUEST OF WILLIAM J. BETHEL, JR., 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. FIRST READING OF ORDINANCE NO. 509-151 - 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 19, BLOCK 3, SKYWAY MANOR, H.T.&B,R.R. SURVEY, A-241, BRAZORIA COUNTY, TEXAS. (2961 MANVEL ROAD) (APPLICATION NO. 136) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL (C) AT THE REQUEST OF JOSE DAVID ROSA, 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 Berger to approve Ordinance No. 509-150 (Application No. 133), and Ordinance No. 509-151 (Application No. 206) on their first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application 133). Mayor Reid called for the vote on Ordinance No. 509-150 (Application No. 133). Page 13 of 17 - 6/23 Voting "Aye" None. Voting "No" Councilmembers Cole, Berger, Beckman, Tetens and Wilkins. Motion failed 5 to 0. Mayor Reid read into record the Planning & Zoning Commission's recommendation to approve (Application 136). Mayor Reid called for the vote on Ordinance No. 509-151 (Application No. 136). Voting "Aye" None. Voting "No" Councilmembers Cole, Berger, Beckman, Tetens and Wilkins. Motion failed 5 to 0. City Attorney Amy McCullough informed Council that Ordinance No.509-152 (Application No. 174) and Ordinance No. 509-153 (Application No. 215) could be acted upon together. FIRST READING OF ORDINANCE NO. 509-152 - 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 22, BLOCK 3, SKYWAY MANOR, H.T. & B.R.R. SURVEY, A-241, AS RECORDED IN VOLUME 7, PAGE 67 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS. (3017 MANVEL ROAD) (APPLICATION NO. 174) FROM CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO MULTI FAMILY DWELLING DISTRICT (MF) AT THE REQUEST OF BILLY R. & CAROLYN GIBSON, 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. FIRST READING OF ORDINANCE NO. 509-153 - 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 32.72 ACRES OUT OF THE WEST 1/2 OF THE NORTHEAST 1/4, SECTION 15, OF THE H.T. & B.R.R. SURVEY, A-241, AS RECORDED IN VOLUME 297, PAGE 98, BRAZORIA COUNTY, TEXAS. (APPLICATION NO. 215) FROM Page 14 of 17 - 6/23 CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO MULTI FAMILY DWELLING DISTRICT (MF) AT THE REQUEST OF CHARLIE VATTEROTT, AGENT, FOR FRANK D. BARRINGER, TRUSTEE, 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 Berger to approve Ordinance No. 509-152 (Application No. 174), and Ordinance No. 509-153 (Application No. 215) on their first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application 174). Mayor Reid called for the vote on Ordinance No. 509-152 (Application No. 174). Voting "Aye" Councilmembers Tetens, Beckman, Berger and Cole.. Voting "No" Councilmember Wilkins. Motion passed 4 to 1. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to deny (Application 215). Mayor Reid called for the vote on Ordinance No. 509-153 (Application No. 215). Voting "Aye" None. Voting "No" Councilmembers Cole, Berger, Beckman, Tetens and Wilkins. Motion failed 5 to 0. COUNCIL'S ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO. 132) AT THE REQUEST OF RUDOLPH J. STEPHAN, OWNER FOR AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF SAID CITY CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL (C) ON THE FOLLOWING PROPERTY, TO -WIT: TRACT 35, WESTCHESTER ESTATES, H.T.& B.R.R. SURVEY, A-242, BRAZORIA COUNTY, TEXAS. (2816 MANVEL ROAD) Page 15 of 17 - 6/23 Councilmember Tetens made the motion, seconded by Councilmember Cole to discuss the recommendation of the Planning and Zoning Commission to Deny (Application No. 132). Mayor Reid read into record the Planning & Zoning Commission's recommendation to deny (Application 132). Councilmember Tetens made the motion, seconded by Councilmember Cole to accept the recommendation of the Planning and Zoning Commission to Deny (Application No. 132). OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 11:20 p.m. to discuss the following: 1. SECTION 551.074 - PERSONNEL: ANNUAL EVALUATION OF CITY MANAGER. 2. SECTION 551.072 - REAL PROPERTY: DISCUSSION REGARDING THE ACQUISITION OF ROAD RIGHT OF WAY. Council returned form Executive Session at 12:40 a.m. NEW BUSINESS (CONTINUED): COUNCIL'S ACTION - ADDRESSING THE CITY MANAGER'S COMPENSATION (IF APPLICABLE). Mayor Reid announced that this action would be moved to a future meeting. COUNCIL'S ACTION - TO DIRECT STAFF REGARDING THE ACQUISITION OF ROAD RIGHT OF WAY. Councilmember Berger made the motion, seconded by Councilmember Wilkins to authorize Staff to acquire Road Right of Way for the widening of Mykawa Road from Beltway 8 to Hickory Slough, the extension of Pearland Parkway (Hughes Road) from Broadway (FM 518) to the Sagemont area, and the Rail Road Overpass Road from Main Street to Old Alvin Road to Mykawa Road. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Page 16 of 17 - 6/23 Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. XI. ADJOURNMENT Meeting was adjourned at 12:42 a.m. Minutes approved as submitted and/or corrected this the T� day of A.D., 1997. Page 17 of 17 - 6/23 Tom Reid Mayor