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
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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
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(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.
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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.
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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.
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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
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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
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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
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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
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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
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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.
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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).
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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.
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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.
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Tom Reid
Mayor