Loading...
1998-05-11 CITY COUNCIL REGULAR MEETING MINUTES 7:00PMMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MAY 11, 1998 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 Tom Reid Mayor Pro -Tem Larry Wilkins Councilmember Helen Beckman Councilmember Richard Tetens Councilmember William Berger Councilmember Klaus Seeger City Manager Paul Grohman Interim City Attorney Darrin Coker City Secretary Young Lorfing Others in attendance: Project Coordinator Alan Mueller; Assistant Chief of Police Chris Doyle; City Engineer John Hargrove; Grants Director Janet Berry; Planning and Community Development Director Dennis Smith; Director of Finance David Castillo; Parks & Recreation Director Ed Hersh; Director of Administrative Services Mary Hickling; Public Works Director Jerry Burns; Emergency Management Director David Smith; Assistant Director of Finance Cindy Soto; Procurement Officer Gordon Island; and Project Specialist Ruby Perez. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Beckman and the Pledge of Allegiance was led by Councilmember Seeger. APPROVAL OF MINUTES Councilmember Tetens made the motion, seconded by Wilkins to approve the minutes of the April 27, 1998 Joint Public Hearing held at 6:30 p.m.,the minutes of the April 27, 1998 Joint Public Hearing held at 7:00 p.m., and the minutes of the April 13, 1998 Regular Council Meeting held at 7:30 p.m. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. Page 1 of 20 - 5/11 (7:00) 12 f MAYOR'S ACTIVITY REPORT: Mayor Reid, presented a proclamation to Public Works Director, Jerry Burns, Public Works Deputy Director/Project Administrator, Ronny McWhirter, Street and Drainage Superintendent, Joe Almarez, and several public works employees proclaiming the week of May 17-23, 1998 as "National Public Works Week". Mayor Reid, presented a proclamation to Reverend Jerry Pennington proclaiming, Saturday, June 6th, and Sunday, June 7th, "First United Methodist Church Centennial Days". Mayor Reid stated that due to the length of the agenda he would not be giving an activity report. COUNCIL'S ACTIVITY REPORTS: Council also passed on their activity reports. CITY MANAGER'S REPORT: City Manager, Paul Grohman, stated that he would pass on his report. He further stated that in reference to the flyer some residents received on their door stating that there was going to be a low income multi -family dwelling built was not correct information. CITIZEN'S: Joe Zvanut, 2905 Yorkshire, addressed Council regarding drainage ditches on Westminster. C.D. Anderson, 3215 Jacquelyn Drive, addressed Council regarding problems with drainage ditch. Chris Schultz, 2428 Shady Bend Drive, addressed Council regarding property values and the effect apartments would have on the values. Cindy Crawford, 2417 Laura Lane, addressed Council concerning the traffic on John Lizer and crime as a result of apartments being built. Mrs. Crawford asked the Council to vote against the apartments being built. She further requested that the Council only approve single family dwellings. Page 2 of 20 - 5/11 (7:00) 30 C.D. Anderson, 3215 Jacquelyn Drive, addressed Council and stated that he did not want anymore apartments on the east side of town. He further stated that they are other parts of the City where apartments can be built. Mayor Reid formally recessed the Regular Council Meeting. Mayor Reid formally opened the Docketed Public Hearing. DOCKETED PUBLIC HEARINGS: PUBLIC HEARING LOCAL LAW ENFORCEMENT BLOCK GRANT. CALL TO ORDER PURPOSE OF THE HEARING - PUBLIC HEARING LOCAL LAW ENFORCEMENT BLOCK GRANT. TO CONSIDER LOCAL LAW ENFORCEMENT BLOCK GRANT. STAFF REVIEW OF LAW ENFORCEMENT BLOCK GRANT. Assistant Police Chief, Chris Doyle, stated that this is $14,579 local law enforcement block grant from the Bureau of Justice Assistance, with a $1,620 match from the City. He gave a presentation to Council regarding a "Night Sight" Thermal Vision System. He stated that the system would consist of a portable thermal device and a lap top computer. This system would give the police the capability of searching at night. He further stated that this would be a great tool for the police department in searching for lost children, the elderly, and criminals. CITIZEN COMMENTS Darwyn Crawford, 2417 Laura Lane, addressed Council and stated that this system would be advantageous to the department and he is in support of this request. COUNCIL/STAFF DISCUSSION ADJOURNMENT OF DOCKETED PUBLIC HEARING: Local Law Enforcement Block Grant Public Hearing was adjourned at 7:34 p.m. Council returned to its Regular Meeting at 7:34 p.m. Page 3 of 20 - 5/11 (7:00) 131 Mayor Reid with concurrence of Council moved to New Business Item No.1 COUNCIL ACTION - RESOLUTION NO. R98-41 -A RESOLUTION RECOGNIZING THE SERVICES AND CONTRIBUTIONS OF KEVIN COLE. Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Tetens to approve Resolution No. R98-41. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. Mayor Reid presented Councilmember Kevin Cole a plaque from Council thanking him for his service as Councilmember, a framed copy of Resolution R98-41, name plate, and his portrait that was displayed in the Council Chambers. Councilmember Kevin Cole addressed the Council and the citizens in the audience and thanked everyone for the privilege to serve as a Councilmember for the City of Pearland. Mayor Reid recessed the meeting at 7:45 p.m. to have a reception honoring Councilmembers Kevin Cole, Helen Beckman, and Klaus Seeger. FIRST AND ONLY READING OF ORDINANCE NO. 843 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING THE DEVELOPMENT AND FINANCING AGREEMENT AS APPROVED BY THE BOARD OF DIRECTORS OF TAX INCREMENT REINVESTMENT ZONE NO. 1 ("TIRZ"), CITY OF PEARLAND, TEXAS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND CONTAINING FINDINGS AND PROVISIONS RELATED TO THE FOREGOING SUBJECT; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO DEVELOP THE CITY'S INFRASTRUCTURE 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. 843 on its first and only reading. Planning Coordinator, Alan Mueller, stated that two weeks ago the Council adopted the project plan and reinvestment zone financing plan. Mr. Muller stated that the "TIRZ" board is requesting the Council to adopt the financing agreement as approved by the Page 4 of 20 - 5/11 (7:00) 32 t19 board of directors. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. Interim City Attorney, Darrin Coker, informed Council that Ordinance No. 509-207 (Application No. 297) and Ordinance No. 509-208 (Application No. 296) could be acted upon together. FIRST READING OF ORDINANCE NO. 509-207 - 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 A 7.6 ACRE TRACT OUT OF THE T.D. YOCUM SURVEY, ABSTRACT 399, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 297) FROM CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO MULTI FAMILY DWELLING DISTRICT (MF) AT THE REQUEST OF NIGEL HARRISON, AGENT FOR ROBERT S. & JACQUELYN S. BURGESS, 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. FIRST READING OF ORDINANCE NO. 509-208 - 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 AN 18 ACRE TRACT, MORE OR LESS, OUT OF LOT 1 OF THE T.D. YOCUM SURVEY, A-399, OF THE DEED RECORDS OF BRAZORIA CO., TX (2800 BLOCK JOHN LIZER) (APPLICATION NO. 296) FROM CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO MULTI FAMILY DWELLING DISTRICT (MF) AT THE REQUEST OF NIGEL HARRISON, AGENT FOR DAN M. WORALL, 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 made the motion, seconded by Councilmember Wilkins to approve Ordinance No. 509-207 (Application No. 297) and Ordinance No. 509-208 (Application No. 296) on its their reading. Page 5 of 20 - 5/11 (7:00) 133 Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 297). Mayor Pro -Tem Wilkins stated that he was concerned about more apartment on this side of town. He further stated that new apartments would be more of a benefit for the west side of town and he will be voting against this ordinance. Councilmember Berger clarified for the record that the proposed land use change would not be for a low income project. Nigel Harrison addressed Council and stated that he has been in the city for twenty one years and he started and opened a bank in Pearland. He further stated that he wants the property to have the highest and best use. Mr. Harrison said that people who live in apartments are not bad people. Parks and Recreation Director, Ed Hersh, addressed Council and stated that in his past experiences apartments do not create additional crime problems in the parks. Councilmember Beckman stated that high level apartments are not low rent. She does have concerns about apartments being so close to each other. Councilmember Beckman further sued that she lives in Sherwood and has never had any bad experiences with the apartments close to her. Mayor Reid called for the vote on Ordinance 509-207 (Application No. 297) pursuant to the previous motion. Voting "Aye" Councilmember Berger. Voting "No" Councilmembers Beckman, Tetens, Wilkins, and Seeger. Motion Failed 4 to 1. Mayor Reid called for the vote on Ordinance 509-208 (Application No. 296) pursuant to the previous motion. Voting "Aye" Councilmember Berger. Voting "No" Councilmembers Beckman, Tetens, Wilkins, and Seeger. Motion Failed 4 to 1. Page 6 of 20 - 5/11 (7:00) Mayor Reid with concurrence of Council moved back to Unfinished Business. UNFINISHED BUSINESS: SECOND AND FINAL READING OF ORDINANCE NO. 509-198 - 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 25.3514 ACRE TRACT LOCATED IN THE H.T. & B.R.R. SURVEY, A-241, BRAZORIA COUNTY, TEXAS AND ALSO CALLED 34.98 ACRE TRACT IN AN INSTRUMENT RECORDED IN VOLUME 72, PAGE 94, DEED RECORDS OF BRAZORIA COUNTY, TEXAS (SOUTH OF FITE ROAD, WEST OF HARKEY ROAD) (APPLICATION NO. 263) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT THE REQUEST OF R. WEST DEVELOPMENT CO., INC., AGENT FOR PEARLAND WEST OAKS 3 & 4 LTD., 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 Tetens tc approve Ordinance No. 509-198 (Application No. 263) on its second and final reading. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. Interim City Attorney, Darrin Coker, informed Council that Ordinance No. 509-199 (Application No. 260) and Ordinance No. 509-200 (Application No. 261) could be acted upon together. SECOND AND FINAL READING OF ORDINANCE NO. 509-199 - 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 28.3781 ACRE TRACT LOCATED IN THE H.T. & B.R.R. SURVEY, A-241, BRAZORIA COUNTY, TEXAS AND A 160 ACRE TRACT DESCRIBED IN AN INSTRUMENT RECORDED IN VOLUME 708, PAGE 109, DEED RECORDS OF BRAZORIA COUNTY, TEXAS (FITE ROAD) (APPLICATION NO. 260) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE Page 7 of 20 - 5/11 (7:00) 1135 FAMILY DWELLING DISTRICT (R-4) AT THE REQUEST OF R. WEST DEVELOPMENT CO., INC., AGENT FOR WEST OAKS VILLAGE SECTION TWO LTD. , 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. 509-200 - 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 35.4855 ACRE TRACT LOCATED IN THE H.T. & B.R.R. SURVEY, A-241, BRAZORIA COUNTY, TEXAS OUT OF THE RESIDUE OF A 160 ACRE TRACT CONVEYED TO JOHN MASSEY ON INSTRUMENT RECORDED IN VOLUME 708, PAGE 109, DEED RECORDS OF BRAZORIA COUNTY, TEXAS (OFF FITE ROAD) (APPLICATION NO. 261) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-4) AT THE REQUEST OF R. WEST DEVELOPMENT CO., INC., AGENT FOR GALLENTINE ASSOCIATES, 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 Seeger made the motion, seconded by Councilmember Berger to approve Ordinance No. 509-199 (Application No. 260) and Ordinance No. 509-200 (Application No. 261)on their second and final reading. Mayor Reid called for the vote on Ordinance 509-199 (Application No. 260) pursuant to the previous motion. Voting "Aye" Councilmembers Seeger, Berger, and Beckman. Voting "No" Councilmembers Tetens, and Wilkins. Motion Passed 3 to 2. Mayor Reid called for the vote on Ordinance 509-200 (Application No. 261) pursuant to the previous motion. Voting "Aye" Councilmembers Seeger, Berger, and Beckman. Voting "No" Councilmembers Tetens, and Wilkins. Page 8 of 20 - 5/11 (7:00) ' 36 i Motion Passed 3 to 2. SECOND AND FINAL READING OF ORDINANCE NO. 509-201 - 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 20.5591 ACRE TRACT LOCATED IN THE H.T. & B.R.R. SURVEY, A-241, BRAZORIA COUNTY, TEXAS OUT OF THE RESIDUE OF A 160 ACRE TRACT CONVEYED TO JOHN MASSEY PER AN INSTRUMENT RECORDED IN VOLUME 708, PAGE 109, DEED RECORDS OF BRAZORIA COUNTY, TEXAS (OFF FITE ROAD) (APPLICATION NO. 262) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-4) AT THE REQUEST OF R. WEST DEVELOPMENT CO., INC., AGENT FOR GALLENTINE ASSOCIATES, 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 Mayor Pro -Tem Wilkins to approve Ordinance No. 509-201 (Application No. 262) on its second and final reading. Planning and Development Director, Dennis Smith, addressed Council and stated that there was a procedural problem with this application. The tax office did not give a full list of residents to be notified within the 200 foot of the requested land use change as required by law. Therefore, he recommended that Council not approve this ordinance. He further stated that Renee West will submit another application for future consideration. Voting "Aye" None. Voting "No" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Motion Failed 5 to 0. SECOND AND FINAL READING OF ORDINANCE NO. 509-203 - 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 3.4228 ACRES IN THE H.T. & B. RR CO. SURVEY, A-241, AND BEING OUT OF A 39.2484 ACRE TRACT CONVEYED IN 96- 015983 OF THE DEED RECORDS, BRAZORIA CO. TX (6516 BROADWAY) Page 9 of 20 - 5/11 (7:00) (APPLICATION NO. 286) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF R. WEST DEVELOPMENT CO., INC., 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 Tetens made the motion, seconded by Mayor Pro -Tem Wilkins tc approve Ordinance No. 509-203 (Application No. 286) on its second and final reading. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. SECOND AND FINAL READING OF ORDINANCE NO. 509-204 - 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 DESIGNATED AS TRACT 20, SANDOVAL SUBDIVISION CONTAINING .370 AC. IN THE WEST '/ OF THE NORTHEAST %, SECTION 15, H.T.&B.R.R. CO. SURVEY, A-241, BRAZORIA CO. TX (6606 W. BROADWAY). (APPLICATION NO. 258) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-1) TO GENERAL BUSINESS (GB) AT THE REQUEST OF PAUL AND ALICE GUTIERREZ, 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. Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Berger to approve Ordinance No. 509-204 (Application No. 258) on its second and final reading. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. Page 10 of 20 - 5/11 (7:00) 137 NEW BUSINESS: COUNCIL ACTION - RESOLUTION NO. R98-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF A GRADE SEPARATION AT MAGNOLIA STREET AND THE BURLINGTON NORTHERN AND SANTA FE RAILWAY. Councilmember Berger made the motion, seconded by Councilmember Tetens to approve Resolution No. R98-40. City Manager, Paul Grohman, stated that this is a grant we have received through HGAC. It is federal highway dollars. It is called C.M.A.C. which stands for Congestion, Mitigation, and Air Quality. This is for a project in the year 2000 and is committing the City to a twenty percent match. The matching funds will be funded from future certificates of obligation. He further stated that it will be the second overpass for the City and recommends its approval. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - AWARD OF BID NO. B98-13 FOR PIPES, VALVES, AND FITTINGS. Councilmember Seeger made the motion, seconded by Councilmember Berger to award Bid No. B98-13 for Pipes, Valves, and Fittings to U.S. Filter, for the total bid in the amount of $57,781.45 with a delivery date of seven to fourteen days. Procurement Officer, Gordon Island reviewed the bid received for the Pipes, Valves, and Fittings. He stated it was bid on unit prices and recommended that Bid No. B98-13 be awarded to U.S. Filter, in the amount of $57,781.45. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion passed 5 to 0. Page 11 of 20 - 5/11 (7:00) COUNCIL ACTION - AWARD BID B98-08 PEARLAND PARKWAY CLEAR CREEK DRAINAGE WAY EXCAVATION. Councilmember Beckman made the motion, seconded by Councilmember Tetens to award Bid No. B98-08 for Pearland Parkway Clear Creek Drainage Way Excavation to Lindsey Construction, Inc. for the total bid in the amount of $109,763.75. City Engineer, John Hargrove, reviewed the bids received for the Pearland Parkway Clear Creek Drainage Way Excavation, and recommended that Bid No. B98-08 be awarded to Lindsey Construction Inc., in the amount of $109,763.75. Voting "Aye" Councilmembers Seeger, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. RESOLUTION NO. R98-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING THE EXISTENCE OF "SURPLUS PROPERTY" BELONGING TO THE CITY AND DETERMINING THE NEED FOR A PUBLIC AUCTION TO FACILITATE THE PROPER DISPOSITION OF THE CITY'S "SURPLUS PROPERTY". Councilmember Tetens made the motion, seconded by Councilmember Wilkins to approve Resolution No. R98-39. City Manager, Paul Grohman, stated that we are required by law to have Council's authorization to dispose of surplus property, and the most expeditious way is to have an auction. He further stated that we will advertise prior to the auction so that proper notice will be given. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - MAYOR'S APPOINTMENT OF COUNCILMEMBERS TO SERVE AS LIAISONS ON THE SCHOOL BOARD / CITY COUNCIL COMMITTEE. Page 12 of 20 - 5/11 (7:00) ail 1'44 Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Berger to approve the appointment of Councilmember Helen Beckman and Councilmember Richard Tetens to serve a liaisons on the School Board / City Council Committee. Mayor Reid stated that this would be an opportunity for the Councilmembers and School Board Members to get together and discuss mutual interest on a regular basis. Then the liaisons could report back to their respective board and council. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. Interim City Attorney, Darrin Coker, informed Council that Ordinance No. 509-205 (Application No. 273) and Ordinance No. 509-206 (Application No. 232) could be acted upon together. FIRST READING OF ORDINANCE NO. 509-205 - 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 AN 0.8672 AC, TRACT OUT OF A 1.555 AC. TRACT OF THE S.W. CORNER OF LOT 32, ALLISON-RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 9 OF THE H.T. & B.R.R. CO. SURVEY, A-234, ACCORDING TO THE PLAT AS RECORDED IN VOL. 2, PG. 34, BRAZORIA CO., TX (NOT ASSIGNED) (APPLICATION NO. 273) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF JIM YOUNGER, AGENT, FOR JUI- LIEN CHOU & MING TAO HO, 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. FIRST READING OF ORDINANCE NO. 509-206 - 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 15,000 SQUARE FT. OUT OF THE SE CORNER OF LOT "A", WESTGATE PARK, A SUBDIVISION OF 9.575 ACRES OUT OF LOTS 47 & 48, THE ALLISON RICHEY GULF COAST HOME SUBDIVISION, SEC. 19, H.T. & B.R.R. SURVEY, A-243, RECORDED IN VOLUME 16, PG 220, BRAZORIA COUNTY, TX (APPLICATION NO. 232) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO Page 13 of 20 - 5/11 (7:00) GENERAL BUSINESS (GB) AT THE REQUEST OF EMMA E. COLLIE, OWNER PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Tetens to approve Ordinance No. 509-205 (Application No. 273) and Ordinance No. 509-206 (Application No. 232) on their first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 273). Mayor Reid called for the vote on Ordinance 509-205 (Application No. 273) pursuant to the previous motion. Voting "Aye" Councilmembers Seeger, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion Passed 5 to 0. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 232). Mayor Reid called for the vote on Ordinance 509-206 (Application No. 232) pursuant to the previous motion. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-209 - 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 LOT 1, BLOCK 1, OF BUENA VIDA SUBDIVISION IN THE H.T. & B.R.R. SURVEY, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 252) (6315 CANTU RD.) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT THE REQUEST OF EUDOCIO & LILY "�' Page 14 of 20 - 5111 (7:00) iI M1 HERNANDEZ , 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. Councilmember Berger made the motion, seconded by Mayor Pro -Tem Wilkins to approve Ordinance No. 509-209 (Application No. 252) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 252). Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. Interim City Attorney, Darrin Coker, informed Council that Ordinance No. 509-210 (Application No. 281) and Ordinance No. 509-211 (Application No. 272) could be acted upon together. FIRST READING OF ORDINANCE NO. 509-210 - 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 LOT 5, BLOCK 4, COLONIAL ESTATES, A SUBDIVISION IN BRAZORIA CO., TX ACCORDING TO THE PLAT AS RECORDED ON VOL. 9, PG. 123- 124, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 281) (3632 LEE LN) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF PAT LOPEZ, AGENT FOR DWAYNE & JEANNE LUM, 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. FIRST READING OF ORDINANCE NO. 509-211 - 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 TWO ACRES, MORE OR LESS, OUT OF LOT 8, BEING THE S.E. 1/4 OF THE N.W. 1/4, H.T. & B. R.R. CO. SURVEY, SECTION 14, A-509, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 272) (6313 PATRIDGE) FROM CLASSIFICATION Page 15 of 20 - 5/11 (7:00) 14 3 SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF TOMMY & BONNIE PAGE, 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. Councilmember Seeger made the motion, seconded by Councilmember Berger to approve Ordinance No. 509-210 (Application No. 281) and Ordinance No. 509-211 (Application No. 272) on their first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 281). Mayor Reid called for the vote on Ordinance 509-210 (Application No. 281) pursuant to the previous motion. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 272). Mayor Reid called for the vote on Ordinance 509-211 (Application No. 272) pursuant to the previous motion. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. Interim City Attorney, Darrin Coker, informed Council that Ordinance No. 509-212 (Application No. 253) and Ordinance No. 509-213 (Application No. 251) could be acted upon together. FIRST READING OF ORDINANCE NO. 509-212 - 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, Page 16 of 20 - 5/11 (7:00) TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY BEING LOT 13, SHARONDALE SUBDIVISION, A 0.76 ACRE PARCEL OUT OF THE 10 ACRE UNRECORDED SUBDIVISION IN THE SOUTH 1/20F THE NE 1/4 OF THE SSE 1/4 OF THE G.C. SMITH SURVEY, SECTION 16, A-546, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 253)_ (6022 SHARONDALE) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF ARMANDO & ANA CRESPO, 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. FIRST READING OF ORDINANCE NO. 509-213 - 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 ONE ACRE, MORE OR LESS, OUT OF LOT 8, BEING THE SE 1/4 OF THE NW 1/4 OF H.T. & B.R.R. CO. SURVEY, SECTION 14, A-509, BRAZORIA CO., TX (APPLICATION NO. 251) (6315 PATRIDGE) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF WILLIAM M. MILLER, 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. Councilmember Seeger made the motion, seconded by Councilmember Berger to approve Ordinance No. 509-212 (Application No. 253) and Ordinance No. 509-213 (Application No. 251) on their first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 253). Mayor Reid called for the vote on Ordinance 509-212 (Application No. 253) pursuant to the previous motion. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. Page 17 of 20 - 5/11 (7:00) 145 Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 251). Mayor Reid called for the vote on Ordinance 509-213 (Application No. 251) pursuant to the previous motion. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. Interim City Attorney, Darrin Coker, informed Council that Ordinance No. 509-214 (Application No. 249) and Ordinance No. 509-215 (Application No. 248) could be acted upon together. FIRST READING OF ORDINANCE NO. 509-214 - 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 1.52 AC. SITUATED IN A 10 AC. TRACT IN THE SOUTH 1/20F THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE G. C. SMITH SURVEY, SECTION 16, A-546, BRAZORIA CO., TX (APPLICATION NO. 249) (6011 SHARONDALE) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF, SAM MCCOY, 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. 509-215 - 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 1.52 ACRES IN A 10 AC. TRACT IN THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE G. C. SMITH SURVEY, SECTION 16, A-546, BRAZORIA CO., TX. (APPLICATION NO. 248) (6009 SHARONDALE) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF, GUY SWEET, 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 18 of 20 - 5/11 (7:00) Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Wilkins to approve Ordinance No. 509-214 (Application No. 249) and Ordinance No. 509-215 (Application No. 248) on their first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 249). Mayor Reid called for the vote on Ordinance 509-214 (Application No. 249) pursuant to the previous motion. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 248). Mayor Reid called for the vote on Ordinance 509-215 (Application No. 248) pursuant to the previous motion. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. WWI COUNCIL ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO. 279) AT THE REQUEST OF GEORGE W. & DEBORAH L. HARRELL, OWNERS, FOR AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF SAID CITY CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) ON THE FOLLOWING DESCRIBED PROPERTY LOT 12 OF JOHNSTON SUBDIVISION OF THE NW 1/4 OF THE NW 1/4 OF H.T. & B.R.R. CO. SURVEY, A-240, CONTAINING 8.42 ACRES, MORE OR LESS AS RECORDED ON THE PLAT, VOL. 5, PG. 303 OF THE PLAT RECORDS, BRAZORIA CO., TX (14833 HARKEY ROAD) Page 19 of 20 - 5/11 (7:00) 147, Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Beckman to r-- accept the recommendation of the Planning and Zoning Commission to deny Application No. 279. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to deny (Application 279). Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion passed 5 to 0. OTHER BUSINESS: ADJOURNMENT Meeting was adjourned at 8:58 p.m. Minutes approved as submitted and/or corrected this the 8th day of June, A.D., 1998. Tom Reid Mayor ATTEST: Page 20 of 20 - 5/11 (7:00)