1999-08-10 CITY COUNCIL REGULAR MEETING MINUTESJ 8
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MAY 10, 1999, AT 7:00 P.M., IN THE COUNCIL
CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
The meeting was called to order with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
William Berger
Helen Beckman
Richard Tetens
Larry Wilkins
Klaus Seeger
Glen Erwin
Darrin Coker
Young Lorfing
Others in attendance: Sr. Project Manager Alan Mueller, City Engineer John Hargrove,
Grants Director Janet Berry, Planning and Community Development Director Dennis Smith,
Parks & Recreation Director Ed Hersh, Public Works Director Jerry Burns, Emergency
Management Coordinator David Smith, Assistant City Attorney Nghiem Doan, Project
Manager Michael Ross, Assistant Police Chief Johnny Spires, Purchasing Officer Gordon
Island, and Chief Building Official Gene Tumlinson.
INVOCATION AND PLEDGE OF ALLEGIANCE
The ir5vocation was given by Emergency Management Coordinator, David Smith, and the
Pledge of Allegiance was led by Mayor Pro -Tem Berger.
APPROVAL OF MINUTES
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
approve the minutes of the April 26, 1999, Regular Council Meeting held at 7:30 p.m., and
the minutes of the May 4, 1999, Special Council Meeting held at 7:00 p.m.
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109
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
MAYOR'S ACTIVITY REPORT:
Mayor Reid presented a proclamation to Billye Everett, President of the Pearland/Hobby
Area Chamber of Commerce, proclaiming the week of May 10-14 as "Chamber of
Commerce Week."
Mayor Reid and Councilmember Beckman presented a proclamation to Lu and Bill Fielder,
and their daughters, Jaclyn and Stacey, proclaiming May 15 as "Cornelia de Lange
Syndrome Awareness Day." Stacey, who is eight years old, has been diagnosed with this
rare birth defect.
Keep Pearland Beautiful Executive Director, Delores Fenwick, gave a report on the success
of "Household Hazardous Waste Collection Day." She reported that almost sixty five -
thousand pounds of hazardous material was collected, and included five hundred and
eighty-three tires. There were six hundred and twenty-seven cars go through in the six
hours, representing about seven hundred and fifty families. There were one hundred and
twenty-eight volunteers doing the work. They recycled eighty eight -hundred pounds of
paint, eight thousand pounds of motor oil, eleven hundred pounds of antifreeze, and two
hundred and fifteen batteries. She also reported on the Community Clean-up, there were
five hundred and two volunteers giving about nine hundred and ninety six -volunteer hours
to pick up trash off of the streets.
Grants Director, Janet Berry, gave a status report on the City being named by the National
Civic League, as a finalist for the All American Award. Mrs. Berry reported that a committee
has been formed and will travel to Philadelphia, Pennsylvania on June 26, to give a
presentation to a panel of judges, in an effort to bring home this prestigious award.
Emergency Management Coordinator, David Smith gave a report regarding damage
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110
assessment, as part of the City's participation in the "Hurricane Polly Exercise" a mock
exercise established by the State to assist in the planning and preparation for a real
hurricane.
Mayor Reid and Mayor Pro -Tem Berger presented a proclamation to Director of Public
Works, Jerry Burns, proclaiming May 16-22 as "National Public Works Week."
Mayor Reid presented proclamation to the EMS Volunteers proclaiming May 22, 1999 as
"EMS Day" in observance of May 16 through 22, 1999 being observed as "Emergency
Medical Service Week In Texas."
Mayor Reid reported that on April 28 he attended the Memorial Hospital Branch Mental
Health Ribbon Cutting; on April 29 he attended the Library Construction walk through, and
the Southeast Economic Development Corporation Annual Awards Banquet; on May 1 the
Mayor campaigned for reelection; on May 2 he attended the VFW District 16 annual
meeting and awards ceremony; on May 4 he attended the AARP monthly meeting, the
P.I.S.D. Education Improvement Committee meeting, and he attended a meeting with
Commissioner Harris and Judge Willy; on May 5 he attended the Pearland Neighborhood
Center Forum; May 6 he attended the All American City meeting and the National Prayer
Day's ceremony; May 7 he attended the fingerprinting program for school students and the
Exchange Club's presentation of Freedom Shrine to the High School.
COUNCIL'S ACTIVITY REPORTS:
The Council passed on their reports.
CITY MANAGER'S REPORT:
City Manager, Glen Erwin, stated that he did not have anything to report at this time.
CITIZEN'S: None
DOCKETED PUBLIC HEARINGS: None
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CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF
ORDINANCE NO. 900 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, DECLARING INTENTION TO REIMBURSE PROJECT �—
EXPENDITURES; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND
A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE.
B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF
ORDINANCE NO. 224-12 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 7, BUILDING, OF THE CITY
OF PEARLAND CODE OF ORDINANCES (ORDINANCE NO. 224), AS IT MAY
HAVE BEEN, FROM TIME TO TIME, AMENDED, TO ADOPT THE TEXAS
DEPARTMENT OF INSURANCE'S WINDSTORM RESISTANT CONSTRUCTION
GUIDEAS A SUPPLEMENT TO THE BUILDING CODE; PROVIDING A PENALTY
FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND
A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND
AN EFFECTIVE DATE.
C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF
ORDINANCE NO. 509-295 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE
AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND,
TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY BEING 2.4988 ACRES OUT OF LOT 13, ALLISON
RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 7, H.T. & B.R.R. CO.
SURVEY, A-219, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 661) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF
WEIMAR CONSTRUCTION COMPANY, 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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x12
D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF
ORDINANCE NO. 509-297 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE
AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND,
TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY BEING 2.0 ACRES, MORE OR LESS, OUT OF THE
H.T. & B.R.R. CO. SURVEY, A-546, A.K.A TRACT 781, ACCORDING TO THE
PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO.
575)(15910 HARKEY ROAD) FROM THE CLASSIFICATION SUBURBAN
DEVELOPMENT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE REQUEST
OF CHARLES R. UPSHAW & PAUL MULCAHEY, 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.
F. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF
ORDINANCE NO. 509-302 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE
AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND,
TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATION BEING AN 11.7401 ACRE TRACT OUT
OF LOTS 49 & 50, ALISON RICHEY GULF COAST HOME CO. SUBDIVISION,
SECTION 85, H.T. & B.R.R. CO SURVEY, A-304, PLAT RECORDS OF BRAZORIA
COUNTY, TX (APPLICATION NO. 695) (CORNER OF FM 518 & CR 93) FROM
THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO
GENERAL BUSINESS (GB) AT THE REQUEST OF HANNOVER ESTATES, LTD.,
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.
G. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF
ORDINANCE NO. 509-303 - 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,
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113
TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATION BEING AN 18.00 ACRE TRACT OUT OF
136.955 ACRES, AKA DISSEN TRACT, RECORDED IN VOLUME 505, PAGE 86,
DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 753)
(NORTHEAST CORNER OF FM 518 & PEARLAND PARKWAY) FROM THE
CLASSIFICATION OF SINGLE FAMILY DWELLING DISTRICT (R-3) & GENERAL
BUSINESS DISTRICT (GB) TO COMMERCIAL DISTRICT (C) AT THE REQUEST
OF ML PARTNERSHIP, 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.
H. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-304 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE
LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION
OF CERTAIN REAL PROPERTY BEING 4.9678 ACRES, THE SOUTH Y2 OF 9.9319
ACRES, LOOT 29, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION,
SECTION 9, H.T. & B.R.R. CO. SURVEY, A-234, PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 559) (14535 MAX ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL
BUSINESS DISTRICT (GB) AT THE REQUEST OF LOYE W. & MARY S. YOUNG,
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.
1. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 609-306 -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 FOR A
RESIDENTIAL HOME IN A GENERAL BUSINESS DISTRICT (GB) ON THE
FOLLOWING PROPERTY, TO -WIT: BEING 4.7678 ACRES, THE SOUTH Y2 OF
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x14
9.9319 ACRES, LOT 29, ALLISON RICHEY GULF COAST HOME CO.
SUBDIVISION, SECTION 9, H.T. & B.R.R. CO. SURVEY, A-234, PLAT RECORDS
OF BRAZORIA COUNTY, TEXAS (SPECIFIC USE PERMIT NO. 68) (14535 MAX
ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO GENERAL
BUSINESS DISTRICT (GB) WITH A SPECIFIC USE (S) AT THE REQUEST OF
LOYE W. & MARY S. YOUNG, 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.
J. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-307 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND
USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND,
TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATED IN THE CITY LIMITS OF THE CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS(APPLICATION NO'S. 513, 632, 634,
635, 640, 647, 650, 663, 664, 678, 681, & 686) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-1) AT THE REQUEST OF THE OWNERS OF SUCH REAL
PROPERTY, 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.
K. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF
ORDINANCE NO. 509-309 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE
AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND,
TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATED IN THE CITY LIMITS OF THE CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS(APPLICATION NO'S. 607, 608, 656,
657, 659, 668, 671, 646, 649) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1)
AT THE REQUEST OF THE OWNERS OF SUCH REAL PROPERTY, PROVIDING
Page 7 of 18 - 5/10/1999
X15
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.
L. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF
ORDINANCE NO. 509-310 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND
USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND,
TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY BEING APPROXIMATELY 11.4 ACRES IN THE H.T.
& B.R.R. CO. SURVEY, A-219, A PORTION OF LOTS 15, 16, 31, & 32, ALLISON
RICHEY GULF COAST HOME CO. SUBDIVISION, VOLUME 2, PAGE 23, PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 674)
(NORTHEAST CORNER OF FM 518 & CULLEN) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT
(GB) AT THE REQUEST OF FM 518 @ CULLEN PROPERTY PARTNERS,
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 made the motion, seconded by Councilmember Tetens, to
approve Ordinance Nos. 900, 224-12, 509-295, 509-297, 509,300, 509-302, 509-303,
509-304, 509-305,509-307, 509-309, & 509-310 on their second and final reading as
presented on the Consent Agenda, reserving Consent Agenda Item E, Ordinance 509-
300, for further discussion and a separate vote.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA:
E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF
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l�n
ORDINANCE NO. 509-300 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND
USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND,
TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY BEING 4.89 ACRES OUT OF TRACT 16A, H.T. &
B.R.R. CO. SURVEY, A-234, ACCORDING TO THE PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 588) (13445 MAX ROAD)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
MOBILE HOME PARK DISTRICT (MH) AT THE REQUEST OF JOHN L. COLE,
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 Tetens stated that he will not be supporting this ordinance and will vote
against it.
Councilmember Seeger asked if this entails any type of expansion?
Planning and Development Director, Dennis Smith, stated that this is an existing mobile
home park and he does not know of any plans to expand.
Councilmember Wilkins asked if this property is surrounded by (R-1) single family
dwellings?
Planning and Development Director, Dennis Smith, stated that it is surrounded by
residential, most notably, Robin Sound Subdivision.
Mayor Reid called for the vote to approve Ordinance No. 509-300 on its second and final
reading as so moved by the original motion made by Councilmember Beckman, seconded
by Councilmember Tetens.
Voting "Aye" Councilmember Mayor Pro -Tem Berger.
Voting "No" Councilmembers Seeger, Wilkins, Tetens, and Beckman.
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A7
Motion Failed 4 to 1.
NEW BUSINESS:
FIRST READING OF ORDINANCE NO. 904 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, VACATING, CLOSING, AND ABANDONING A
CERTAIN SEVENTY FOOT (70) WIDE UNCONSTRUCTED ROAD RIGHT-OF-WAY
LOCATED BETWEEN THE GREENWOODAND MCGINNIS SUBDIVISIONS, 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 Tetens made the motion, seconded by Councilmember Beckman, to
approve Ordinance No. 904 on its first reading.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 901 -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 WOOD CREEK DRIVE
IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH WINDING CREEK DRIVE,
UPON WOOD CREEK DRIVE IN A SOUTHERLY DIRECTION AT ITS INTERSECTION
WITH WINDING CREEK DRIVE, UPON WENDING CREEK DRIVE IN AN EASTERLY
DIRECTION AT ITS INTERSECTION WITH WOOD CREEK DRIVE, UPON WINDING
CREEK DRIVE IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH WOOD
CREEK DRIVE (WOOD CREEK SUBDIVISION); 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
TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH,
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SAFETY AND WELFARE OF THE CITIZENRY.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Wilkins, to
approve Ordinance No. 901 on its first and only reading.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 902 -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 JOLIE DRIVE IN AN
EASTERLY DIRECTION AT ITS INTERSECTION WITH MCLEAN ROAD,
UPON JOLIE DRIVE IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH
SOUTHERN LANE, UPON PLAYA DRIVE IN A WESTERLY DIRECTION AT ITS INTER-
SECTION WITH SOUTHERN LANE, UPON SOUTHERN LANE IN A NORTHERLY
DIRECTION AT ITS INTERSECTION WITH BRETT DRIVE, UPON BRETT DRIVE IN A
WESTERLY DIRECTION AT ITS INTERSECTION WITH HERITAGE DRIVE, UPON
HERITAGE DRIVE IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH FITE
ROAD (ASHTON PARK, SECTIONS 9 AND 2); 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
TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH,
SAFETY AND WELFARE OF THE CITIZENRY.
Councilmember Wilkins made the motion, seconded by Councilmember Berger, to
approve Ordinance No. 902 on its first and only reading.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins and Seeger.
Voting "No" None.
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1 X18
Motion Passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 903 - 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 LAKEWAY LANE IN A
SOUTHERLY DIRECTION AT ITS INTERSECTION WITH LAKECREST LANE,
UPON BEACON VIEW COURT IN A SOUTHERLY DIRECTION AT ITS INTERSECTION
WITH LAKECREST LANE, UPON PEBBLE BEACH LANE IN A SOUTHERLY DIRECTION
AT ITS INTERSECTION WITH LAKECREST LANE, (VILLAGES OF EDGEWATER
ESTATES, SECTION 3); 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 TRAVELING PUBLIC AND,
THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF
THE CITIZENRY.
Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to
approve Ordinance No. 903 on its first and only reading.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 220-7 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ARTICLE 2, RATES
AND CHARGES, OF CHAPTER 30, UTILITIES, OF THE CITY OF PEARLAND CODE OF
ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, RELATING
TO WATER AND SEWER EXTENSIONS, PRO RATA CHARGES, AND OTHER
CHARGES ESTABLISHED; PROVIDING A PENALTY FOR VIOLATION; HAVING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVID-
ING FOR CODIFICATION, PUBLICATION ANDAN EFFECTIVE DATE; AND DECLARING
AN EMERGENCY BECAUSE THE NEED TO FAIRLY DISTRIBUTE THE COST OF
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Y20
EXTENDING WATER AND SEWER LINES WHERE THOSE SERVICES ARE NOT
AVAILABLE INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS
DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY.
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 220-7 on its first and only reading.
City Attorney, Darrin Coker, explained the pro -rata ordinance, and that this is for utilities
along Park Street between Walnut and Pear, Pearland Parkway, and on FM 518 between
1128 and Reid Boulevard. In those areas the City has installed water and sewer lines,
and on Reid Boulevard it is sewer lines only. He also stated that this is an equitable way
to recover some the cost of installing the lines by the people who will be benefitting.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING
AND ZONING COMMISSION TO CITY COUNCIL TO DENY AN APPLICATION FROM
PULTE HOMES OF TEXAS, L.P. TO MOVE IN AND INSTALL A TEMPORARY SALES
TRAILER, TEMPORARY PARKING AREA, DECK WITH WHEELCHAIR RAMP,
PORTABLE WATER TANK, AND PORTABLE SEWER TANK.
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to accept
the recommendation of the Planning and Zoning Commission to deny an application from
Pulte Homes of Texas, L.P. to move in and install a temporary sales trailer, temporary
parking area, deck with a wheelchair ramp, portable water tank, and portable sewer tank.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
deny the application as submitted by Pulte Homes of Texas, L.P.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Page 13 of 18 - 5/10/1999
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - AWARD OF BID NO. B99 -048A FOR POLICE VEHICLES.
Councilmember Berger made the motion, seconded by Councilmember Tetens, to award
Bid No. B99 -048A for the purchase of three police vehicles from the Houston Galveston
Area Council Contract in care of Philpott Motors, Port Neches, Texas, for the total bid in
the amount of $61,670.40.
Purchasing Officer, Gordon Island, reviewed the bids received for the vehicles and stated
that these vehicles will be assigned to the patrol division for the new hires that are
completing their field training.
Councilmember Berger asked if the City is saving any money by purchasing these vehicles?
Purchasing Officer, Gordon Island, answered yes and no. He stated that the cars are less
money if we had the original equipment, but since these are being purchased off a dealer's
lot they have extra equipment that we would not normally purchase, so they are $454
higher than the other 1999 units we purchased.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-308 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY BEING A TRACT OF LAND CONTAINING 53.5725 ACRES
OUT OF THE NORTH '/z OF THE NORTHEAST 1/4, H.T. & B.R.R. CO. SURVEY,
SECTION 18, A-547, RECORDED IN THE PLAT RECORDS OF BRAZORIA COUNTY,
TEXAS (EMERALD POINT, SECTION 2)(APPLICATION NO. 586) FROM
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CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-4) AT THE REQUEST OF AMVEST PROPERTIES, INC.,
OWNER OF SUCH REAL PROPERTY, PROVIDING FOR AN AMENDMENT OF THE
LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE
SUBJECT.
Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Berger, to
approve Ordinance No. 509-308 (Application No. 586) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 586.
Councilmember Wilkins stated that on the map it says R-3 and asked if it is in error?
Planning Development Director, Dennis Smith, stated that the map is not correct. Mr.
Smith stated that this is the next section of Emerald Point, and original Emerald Point is
an R-4 subdivision.
Councilmember Wilkins asked about other zoning in the area?
Planning and Development Director, Dennis Smith, reported to the southeast of this
request is the West Lea Subdivision which was recently zoned R-1. This subdivision will
stand alone and be part of a MUD.
Voting "Aye" Councilmembers Beckman.
Voting "No" Councilmembers Tetens, Berger, Wilkins, and Seeger.
Motion Failed 4 to 1.
FIRST READING OF ORDINANCE NO. 509- 311 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATED IN THE CITY LIMITS OF THE CITY OF
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PEARLAND, BRAZORIA COUNTY, TEXAS(APPLICATION NO'S. 611, 637, 687, 691,
& 692) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF THE OWNERS
OF SUCH REAL PROPERTY, 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 Seeger made the motion, seconded by Councilmember Wilkins, to
approve Ordinance No. 509-311 (Application No. 611, 637, 687, 691, & 692) on its first
reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 611, 637, 687, 691, & 692.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509- 312 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOT 15, ALLISON RICHEY GULF COAST HOME CO.
SUBDIVISION, SECTION 6, H.T. & B.R.R CO. SURVEY, A-544, VOLUME 136, PAGE
500, DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 689)
(13260 HATFIELD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO MOBILE HOME DISTRICT (MH) AT THE REQUEST OF B & J GROUPING,
INC., A TEXAS CORPORATION, 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 made the motion, seconded by Councilmember Tetens, to
deny Ordinance No. 509-312 (Application No. 689) on its first reading.
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Mayor Reid read into the record the Planning & Zoning Commission's recommendation
r -- to approve Application No. 689.
Councilmember Wilkins asked how many acres are involved with this request?
Planning and Development Director, Dennis Smith, stated that it is approximately ten
acres. He further reported that it used to be the Ramsey Mobile Home Park and it is now
all open land.
Councilmember Berger stated that it is next to a residential area on Hatfield Road, and he
will not be supporting this ordinance.
Councilmember Tetens stated that this request is in the middle of R-2 zoning. It has R-2
zoning adjacent to it, R-1 across the street from it, and R-2 to the north.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING
AND ZONING COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO. 693) AT
THE REQUEST OF JOHN M. HOLM, OWNER, FOR AN AMENDMENT TO THE LAND
USE AND URBAN DEVELOPMENT ORDINANCE OF SAID CITY CLASSIFICATION
SUBURBAN DEVELOPMENT (SD) TO LIGHT INDUSTRIAL DISTRICT(M-1) ON THE
FOLLOWING DESCRIBED PROPERTY, TO -WIT: BEING APPROXIMATELY 10 ACRES
OUT OF H.T. & B.R.R. CO. SURVEY. A-505 & REFERENCED AS BUFFER NO. 505-
8000-007 PLAT RECORDS OF BRAZORIA CO., TX (13210 STONE ROAD)
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to accept
the recommendation of the Planning and Zoning Commission to deny Application No. 693.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
deny Application 693.
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Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS:
ADJOURNMENT
Meeting was adjourned at 8:10 p.m.
Minutes approved as submitted and/or corrected this 14th the day of A.D. June ,
1999.
Tom Reid
ATTEST: Mayor
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