1998-07-13 CITY COUNCIL REGULAR MEETING MINUTES213
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON JULY 13, 1998, 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
City Manager
Interim City Attorney
City Secretary
Councilmember Tetens absent
Tom Reid
Larry Wilkins
Helen Beckman
William Berger
Klaus Seeger
Paul Grohman
Darrin Coker
Young Lorfing
Others in attendance: Project Coordinator Alan Mueller; Police Chief Mike Hogg; City
Engineer John Hargrove; Planning and Community Development Director Dennis Smith;
Parks and Recreation Director Ed Hersh; Public Works Director Jerry Burns; Purchasing
Officer Gordon Island; and Project Specialist Ruby Perez.
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Police Chief Mike Hogg and the Pledge of Allegiance was led
by Economic Development Board President Dennis Frauenberger.
APPROVAL OF MINUTES
Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Beckman, to
approve the Minutes of the June 22, 1998, Joint Public Hearing held at 6:30 p.m., and the
Minutes of the June 22, 1998, Regular Council Meeting held at 7:30 p.m.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Beckman.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
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MAYOR'S ACTIVITY REPORT:
Mayor Reid reported that on June 24 he attended the Brazoria County Tax Association
Meeting; June 25 he attended a reception for Vice President Al Gore; June 29 he attended
the TML Electric Deregulating Committee Meeting; He attended the City's July 4"
Celebration; July 5 he attended John Dunston's Farewell Party; July 7 he attended a
Chamber Ground Breaking, AARP Monthly Meeting, Gulf Coast Water Authority Meeting,
and the Keep Pearland Beautiful Reception; July 8 he attended the Adult Reading Board
Meeting; July 9 & 10 he attended the Texas Association Regional Council Quarterly
Meeting; and on July 11 he attended the ribbon cutting at the Hindu Temple.
COUNCIL'S ACTIVITY REPORTS:
Councilmember Beckman reported that on June 23, she attended a meeting to discuss the
final plans and fund raising pictures for the new library; June 23 she attended the City
Outdoor Concert; June 24 she attended the Regional Air Quality Summit held at the Brown
Convention Center; June 28 she attended the dedication of the first Friendswood Pearland
Alvin Habitat for Humanity house in Alvin; June 30 she attended the Final City Outdoor
Concert; She attended the City's July 411 Celebration; July 7 she attended a reception at
the home of Keep Texas Beautiful President Fran Coppinger; July 9 she attended the Keep
Texas Beautiful Convention; and on July 11 she attended the inauguration of the new
wedding hall at the Sri Meenashi Hindu Temple on Maclean Road. Mayor Reid cut the
ribbon and made a proclamation.
Mayor Pro -Tem Wilkins reported that in celebration of their 501h Anniversary the Pearland
Lions Club will be having a barbeque and invited everyone to attend.
Councilmember Berger complimented Parks and Recreation Director Ed Hersh, the
Community Band, Exchange Club and V.F.W. for a great July 4th Celebration.
Councilmember Seeger stated that everything has been covered.
CITY MANAGER'S REPORT:
City Manager Paul Grohman reported that he has received at least 50 calls regarding the
off loading of Napalm in Pearland. He further reported that the napalm will be off loaded
in the Hobby Airport area then shipped by rail to Deer Park. He announced that National
Night Out will be August 4th this year. He also reported that they have broke ground just
north of Hickory Slough for the City's first overpass. Mr. Grohman said the City has hosted
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a State wide Softball Tournament, and the Parks Department has three more scheduled.
The long term Colson Lawsuit has been dismissed on summary judgement. Mr. Grohman
further reported that two new businesses have opened in the City. One is Kemlon on
Highway 35 North and the other is Third Coast Packaging. Which combined have
approximately 210 total jobs.
CITIZEN'S:
V.F.W. Post 7109 Commander Wes Halik, Quartermaster Renee Guerrero, Trustee Willie
Dunlap and Senior Vice Commander Manny Lazano donated a flag pole to the City to be
erected at the softball park.
Thomas Kidd, Sterling Drive, addressed Council regarding the area that was annexed in
February of this year. Mr Kidd stated the various things that have been done by the City
since the annexation. He further stated that the annexation of the J.W. Maxey Survey No.
721 was wrong and unjust and asked that Council start deannexation of the J.W. Maxey
Survey No. 721.
David Miller, 2706 Shady Creek, addressed Council and stated about two months he was
concerned that an agenda item was removed and not acted upon properly. Mr. Miller
further stated that he is not trying to badger the Council, he just wants good solid
government. He said that he was part of a lawsuit, which Mr. Grohman talked about earlier,
so that the City would have a good government. Mr Miller addressed Council and said that
he is not going to tell them how to do their job, just for them to do it right.
Larry Marcott, 3606 Inverness Court, addressed Council and stated that his water pressure
has improved. Mr. Marcott also had concerns regarding the action taken regarding the City
Manager.
R. L. "Ron" Jackson, 104 Las Brisas, addressed Council regarding Interstate Diversified
Companies putting its Corporate Headquarters and other projects in Pearland.
DOCKETED PUBLIC HEARING: NONE
UNFINISHED BUSINESS:
SECOND AND FINAL READING OF ORDINANCE NO. 450-23 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE
NO. 450 AS THE SAME MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, FOR THE
PURPOSE OF ESTABLISHING AND REESTABLISHING CLASSIFICATIONS AND
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NUMBER OF AUTHORIZED POSITIONS IN THE CLASSIFIED SERVICE OF THE CITY
OF PEARLAND, PURSUANT TO SECTION 143.021 OF THE LOCAL GOVERNMENT
CODE OF THE STATE OF TEXAS; PROVIDING A SEVERABILITY CLAUSE, A SAVINGS
CLAUSE, A REPEALER CLAUSE, AN EFFECTIVE DATE AND CONTAINING OTHER
PROVISIONS RELATING TO THE SUBJECT.
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Wilkins, to
approve Ordinance No. 450-23 on its second and final reading.
Voting "Aye" Councilmembers Beckman, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
SECOND AND FINAL READING OF ORDINANCE NO. 854 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, VACATING, CLOSING, AND
ABANDONING A CERTAIN TEN FOOT (10) WIDE UTILITY EASEMENT LOCATED AT
2506 FRANCES STREET LOCATED IN THE MIMOSA ACRES SUBDIVISION, SECTION
4, 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.
Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Beckman, to
approve Ordinance No. 854 on its second and final reading.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Beckman.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
NEW BUSINESS:
COUNCIL ACTION - REGARDING AN APPLICATION FROM JOHN KERNS, SR. VP -
TEAM, INC. TO MOVE FOUR MODULAR BUILDINGS FROM ALVIN TO PEARLAND
(16823 HIGHWAY 35).
Councilmember Berger made the motion, seconded by Mayor Pro -Tem Wilkins, to approve
the application from Team, Inc. to move four modular buildings to Pearland.
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City Manager Paul Grohman stated that this is the first time we have had a request to
move buildings into the City since the ordinance has been adopted. He further stated that
the proposed buildings that are to be moved in meet most if not all of the facade ordinance.
Mayor Reid stated that the location where the buildings will be located is in a
manufacturing location.
Team, Inc. Comptroller Bill Nelson addressed Council and introduced other officers with
the company. Mr. Nelson stated that the modular buildings will be placed behind their shop
that is already on their property. The new building will be used for administrative and sales
offices.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Beckman.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
FIRST AND ONLY READING OF ORDINANCE NO. 856 -AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING PUBLIC
r— CONVENIENCE AND NECESSITY FORA PUBLIC PROJECT TO EXTEND ROADWAYS
AND UTILITY SERVICES; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE,
AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO
ACQUIRE PROPERTY, LOCATED WITHIN THE CITY'S EXTRATERRITORIAL
JURISDICTION, BY DONATION, PURCHASE, OR BY THE EXERCISE OF POWER OF
EMINENT DOMAIN; DECLARING AN EMERGENCY AS THE PROVISION OF
ADEQUATE ROADWAYS AND UTILITY SERVICES BEARS DIRECTLY UPON THE
HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN
EFFECTIVE DATE.
Councilmember Seeger made the motion, seconded by Councilmember Berger, to
approve Ordinance No. 856 on its first and only reading.
City Manager Paul Grohman stated that this is property near the Silverlake subdivision
that is needed for the extension of Southfork road. The City requires the developer to
construct any roads that are necessary for traffic flow. He further stated that the developer
has not been able to reach an agreement with the property owner, and now the City has
agreed to get involved with the acquisition.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Beckman.
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Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
COUNCIL ACTION - AWARD OF BID NO. B98-04 FOR PEARLAND PARKWAY
SEGMENTS 3 & 4 (TO COMPLETE PEARLAND PARKWAY FROM OILER DRIVE TO
MARY'S CREEK).
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Wilkins, to
award Bid No. B98-04 for Pearland Parkway Segments 3 & 4 (To complete Pearland
Parkway from Oiler Drive to Mary's Creek) to Beyer Construction, Inc. for the total bid in
the amount of $716,508.20.
City Engineer John Hargrove reviewed the bids received for the Pearland Parkway
Segments 3 & 4 (To complete Pearland Parkway from Oiler Drive to Mary's Creek), and
recommended that Bid No. B98-04 be awarded to Beyer Construction Inc., in the amount
of $716,508.20.
Voting "Aye" Councilmembers Beckman, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Tetens absent.
COUNCIL ACTION - AWARD OF BID NO. B98-27 RE -BID FOR HAUL ROAD LIME
STABILIZATION AND GRAVEL BASE SURFACING.
Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Beckman, to
award Bid No. B98-27 Re -bid for Haul Road Lime Stabilization and Gravel Base
Surfacing to JTB Services, Inc. for the total bid in the amount of $136,057.90.
City Engineer John Hargrove reviewed the bids received for the Re -bid for Haul Road
Lime Stabilization and Gravel Base Surfacing and recommended that Bid No. B98-27 for
be awarded to JTB Services Inc., in the amount of $136,057.90.
Voting "Aye" Councilmembers Beckman, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Tetens absent.
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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 A 1.6142 ACRE TRACT LOCATED IN THE H.T. &
B. R.R. CO. SURVEY, A-241, OUT OF 39.2484 ACRES CONVEYED IN 96-015983 OF
THE OFFICIAL RECORDS, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 247)
(6516 BROADWAY) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF FRANK BARRINGER,
TRUSTEE/OWNER, PROVIDING FORAN 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. 509-206 (Application No. 247) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 247.
Voting "Aye" Councilmembers Beckman, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Tetens absent.
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 BEING A 1.90516 ACRE TRACT OUT OF LOTS 20 & 21
OF THE GEORGE W. JENKINS SUBDIVISION IN THE W.D.C. HALL LEAGUE, A-70,
IN THE PLAT RECORDS, VOLUME 166, PAGE 145, BRAZORIA COUNTY, TEXAS,
(APPLICATION NO. 309) (1700 F.M. 518) FROM CLASSIFICATION GENERAL
BUSINESS (GB) TO COMMERCIAL (C) AT THE REQUEST OF LEROY AND BETTY
JEFFRIES, 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. 509-207 (Application No. 309) on its first reading.
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Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 309.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Beckman.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Tetens absent.
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 BEING LOT 12 OF THE 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, VOLUME 5, PAGE 303
OF THE PLAT RECORDS, BRAZORIA COUNTY, TEXAS (SPECIFIC USE APPLICATION
NO. 62) (14833 HARKEY ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
(SD) TO SINGLE FAMILY DWELLING DISTRICT -SPECIFIC USE (RAS) AT THE
REQUEST OF GEORGE W. AND DEBORAH L. HARRELL, 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 Beckman made the motion, seconded by, Councilmember Wilkins, to
approve Ordinance No. 509-208 (Specific Use Application No. 62) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Specific Use Application No. 62.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Beckman.
Voting "No" None.
Motion passed 4 to 0 with Councilmember Tetens absent.
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 A 20.5591 ACRE TRACT IN THE H.T. & B. R.R.
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CO. SURVEY, A-241, OUT OF A 160 ACRE TRACT CONVEYED TO JOHN MASSEY
PER AN INSTRUMENT RECORDED IN VOLUME 708, PAGE 109, DEED RECORDS OF
BRAZORIA COUNTY, TEXAS, (APPLICATION NO. 262) (OFF FITE ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-4) AT THE REQUEST OF GALLENTINE ASSOCIATES/R.
WEST DEVELOPMENT, 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 made the motion, seconded by Councilmember Berger, to approve
Ordinance No. 509-209 (Application No. 262) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 262.
Voting "Aye" Councilmembers Beckman, Wilkins, Berger, and Seeger.
Voting "No" None.
k
Motion passed 4 to 0, with Councilmember Tetens absent.
}
-- 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 TRACT ONE BEING A PARCEL CONTAINING 72.809
ACRES AND BEING THE N 1/2 OF THE NE 1/4 SECTION 16, H.T. & B. R.R. CO.
SURVEY, A-546, DEED RECORDS OF BRAZORIA COUNTY, TEXAS, TRACT TWO
BEING 40 ACRES, MORE OR LESS AND BEING LOT 6, THE SW 1/4, SECTION 16, H.T.
& B. R.R. CO. SURVEY, A-546, AND TRACT THREE BEING 20 ACRES MORE OR
LESS, AND THE S. 1/2 OF THE SE 1/4 OF THE NE 1/4 OF THE H.T. & B. R.R. CO.
SURVEY, A-546, AND TRACT FOUR BEING 6.00 ACRES MORE OR LESS, AND BEING
THE SE 1/4 OF THE SE 1/4 OF THE H.T. & B. R.R. CO. SURVEY, A-521 OF THE DEED
RECORDS OF BRAZORIA COUNTY, TEXAS, (APPLICATION NO. 269) (15702 HARKEY
ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DWELLING DISTRICT (R-3) AT THE REQUEST OF MR. JAMES
HUBBELL ET AL, 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 Mayor Pro -Tem Wilkins, to
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approve Ordinance No. 509-210 (Application No. 259) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 259.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Beckman.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Tetens absent.
Councilmember Seeger made the motion, seconded by Councilmember' Berger to
approve Ordinance No. 509-211 (Application No. 285), 509-213 (Application No. 278),
509-214 (Application No. 284) 509-215 (Application No. 289) 509-216 (Application No.
277), 509-217 (Application No. 291), 509-218 (Application No. 290), 509-219 (Application
No. 293) on their first reading.
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 THE W. 1/2 OF THE W. 1/2 OF THE NE 1/4,
SECTION 14, H.T. & B. R.R. CO. SURVEY, AA -509, BRAZORIA COUNTY, TEXAS,
(APPLICATION NO. 285) (PARKPLACE SUBDIVISION) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-1) AT THE REQUEST OF PIERRE AND ANNA NYS, 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 Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 285.
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, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY BEING 4.8517 ACRES, A PART OF LOT 26, ALLISON
RICHEY GULF COAST HOME CO., SURVEY, VOLUME 2, PAGE 23 AND VOLUME
971, PAGE 21, DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO.
278) (13530 O'DAY ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
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DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF
RANDY L. AND MYLINDA FAIRCLOTH, 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 Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 278.
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 LOT 4, BLOCK 1, CAS -CON ACRES SUBDIVISION,
OUT OF TRACT B, VOLUME 5, PAGE 137 OF THE DEED RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 268) (6123 WILLOW) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-1) AT THE REQUEST OF GUERO FAMILY LTD. PARTNERSHIP, OWNER,
PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING
A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
�— PROVISIONS RELATED TO THE SUBJECT.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 268.
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 LOT 1, BLOCK 7 OF WEST LEA SUBDIVISION,
SECTION 2 IN THE H.T. & B. R.R. CO. SURVEY, AS RECORDED IN A CORRECTED
MAP, VOLUME 11, PAGE 69, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS,
(APPLICATION NO. 284) (3402 SKYLARK WAY) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT
THE REQUEST OF LEONARD H. AND KATHLEEN MAARTENS, 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 Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 284.
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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 LOT 6, BLOCK 7 OF HICKORY CREEK PLACE
SUBDIVISION, BEING OUT OF LOT 17 TO 21 AND 30 TO 34, SECTION 7, H.T. & B.
R.R. CO. SURVEY, ACCORDING TO THE PLAT RECORDS VOLUME 11, PAGE 1,
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 289) (14211 MELANIE LANE) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-1) AT THE REQUEST OF STEVEN R. AND SUSAN G.
HARVEY, 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 Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 289.
FIRST READING OF ORDINANCE NO. 509-216 - 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 PARCEL OF LAND KNOWN AS LOT 7 OUT OF
THE WEST LEA SUBDIVISION, SECTION 3, BLOCK 9 OF SECTION 16, H.T. & B. R.R.
CO. SURVEY, A-546, OF THE DEED RECORDS, BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 277) (5518 MOCKINGBIRD LANE) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-1) AT THE REQUEST OF ROBERT C. AND PAULA M. BRATZ, 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 Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 277.
FIRST READING OF ORDINANCE NO. 509-217 - 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 2, BLOCK 3 OF THE GARDEN ACRES
SUBDIVISION, SECTION 2, IN THE S. 99 ACRES OF THE H.T. & B. R.R. CO.
SURVEY, SECTION 7, A-219, AS RECORDED IN VOLUME 595, PAGE 63, OF THE
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DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 291) (2536
LAZY BEND) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF TONYA BRYANT,
OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE
AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 291.
FIRST READING OF ORDINANCE NO. 509-218 - 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 CALLED LOT 1-13 OF THE
UNRECORDED SHARONDALE SUBDIVISION, CONTAINING 0.0505 ACRES OUT
OF 10 ACRE TRACT IN THE S 1/2 OF THE NE 1/4 OF THE SE 1/4 OF THE G.C. SMITH
SURVEY, SECTION 16, A-346, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 290)
(16314 CR 103) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD)
TO SINGLE FAMILY DWELLING DISTRICT (R-1) ATTHE REQUEST OF JORGE Y. AND
MARIA TERESA MARTINEZ, 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 Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 290.
FIRST READING OF ORDINANCE NO. 509-219 - 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 2.488 ACRES BEING A PART OF LOT 5, HICKORY
CREEK PLACE SUBDIVISION, IN THE H.T. & B. R.R. CO. SURVEY, A-310,
ACCORDING TO THE PLAT RECORDS IN VOLUME 18, PAGES 334-335, BRAZORIA
COUNTY, TEXAS, (APPLICATION NO. 293) (1325 BRYAN COURT) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-1) AT THE REQUEST OF ARTHUR 0. AND EUNICE
DAVIDSON, 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.
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Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 293.
COUNCIL ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING
AND ZONING COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO. 276)
AT THE REQUEST OF WILLIE HODGE, JR., OWNER, FOR AN AMENDMENT TO THE
LAND USE AND URBAN DEVELOPMENT ORDINANCE OF SAID CITY FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO MULTI -FAMILY
DISTRICT (MF) ON THE FOLLOWING DESCRIBED PROPERTY 0.424 ACRES TRACT
KNOWN AS LOT 19 OF AN UNRECORDED SUBDIVISION OF TRACT 18, ALLISON
RICHEY GULF COAST HOME SUBDIVISION, A-544, BRAZORIA COUNTY, TX. (6103
DEE STREET).
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Wilkins, to
accept the recommendation of the Planning and Zoning Commission to deny Application
No. 276.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to deny Application 276.
Voting "Aye" Councilmembers Beckman, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Tetens absent.
COUNCIL ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING
AND ZONING COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO. 307)
AT THE REQUEST OF FLYMA THOMPSON, ELLIOT CAGE, & CATHERINE CAGE
BURNS, OWNERS, FOR AN AMENDMENT TO THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF SAID CITY FROM CLASSIFICATION COMMERCIAL
DISTRICT (C) TO SINGLE FAMILY DWELLING DISTRICT (R-3) ON THE FOLLOWING
DESCRIBED PROPERTY APPROXIMATELY 60 ACRES OUT OF SECTION 12, H.T.&
B.R.R. CO. SURVEY, A-508, ACCORDING TO THE DEED RECORDS, BRAZORIA
COUNTY, TEXAS.
Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Berger, to
accept the recommendation of the Planning and Zoning Commission to deny Application
No. 307.
Dwain Evans, agent for Catherine Cage Bruns, addressed Council regarding the land use
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227
change and asked Council for a compromise so that they may be able to sell the
property.
Catherine Cage Bruns, 4044 Wickerson, addressed Council and stated that they have
owned the property for along time and nothing has been done with it. Ms. Bruns asked
Council to consider changing the land use on her property so that they could sell the
property.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to deny Application 307.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Beckman.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Tetens absent.
COUNCIL ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING
AND ZONING COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO. 304)
AT THE REQUEST OF JOSEPH P. MURPHY, AGENT, FOR MEREA SANDAVOL,
OWNER, FOR AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT
ORDINANCE OF SAID CITY FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO MULTI -FAMILY DISTRICT (MF) ON THE FOLLOWING DESCRIBED
PROPERTY A 0.2138 ACRE TRACT OUT OF THE WEST Y2 OF THE NORTHWEST %
OF THE NORTHEAST % OF SECTION 15, H.T.& B.R.R. CO. SURVEY, A-241,
BRAZORIA COUNTY, TX. (2714 MORENCI DRIVE)
Councilmember Berger made the motion, seconded by Mayor Pro -Tem Wilkins, to accept
the recommendation of the Planning and Zoning Commission to deny Application No.
304.
Mayor. Reid read into the record the Planning & Zoning Commission's recommendation
to deny Application 304.
Voting "Aye" Councilmembers Beckman, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Tetens absent.
COUNCIL ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING
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AND ZONING COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO. 303)
AT THE REQUEST OF ELIZABETH ALEXANDER NESBIT, OWNER, FOR AN
AMENDMENTTO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF SAID
CITY FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-2) TO SINGLE
FAMILY DWELLING DISTRICT -PLANNED UNIT DEVELOPMENT (R-4 PUD) ON THE
FOLLOWING DESCRIBED PROPERTY BEING 76.79 ACRES OF LAND, PART OF LOTS
16,17,18, & 25, MURDOCK SUBDIVISION OF THE A.C.H. & B. SURVEY, SECTION
2, A-507 ACCORDING TO THE PLAT, VOLUME 29, PAGE 174 & PART OF THE
STEVENS SURVEY, A-594 RECORDED IN VOLUME 1597, PAGE 135, BRAZORIA
COUNTY, TX.
Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Wilkins, to
accept the recommendation of the Planning and Zoning Commission to deny Application
No. 303.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to deny Application 303.
Voting "Aye" Councilmembers Beckman, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Tetens absent.
OTHER BUSINESS:
ADJOURNMENT
Meeting was adjourned at 9:03 p.m.
Minutes approved as submitted and/or corrected this the 271' day of July, A.D., 1998.
ATTEST:
Tom Reid
Mayor
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