1998-07-27 CITY COUNCIL REGULAR MEETING MINUTES244
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON JULY 27, 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
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; Police Chief Mike Hogg; 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; Public Works Director Jerry Burns; Purchasing Officer
Gordon Island and Project Specialist Ruby Perez.
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Reverend Barnett and the Pledge of Allegiance was led by
the Police Chief Mike Hogg.
APPROVAL OF MINUTES
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Wilkins to
approve the minutes of the Special Council Meeting held June 29, 1998 at 7:00 p.m., as
presented.
Voting "Aye" Council members Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Wilkins to
approve the minutes of the Regular Council Meeting held July 13, 1998 at 7:30 p.m., as
presented.
Page 1 of 22 - 7/27
245
Voting "Aye" Council members Seeger, Berger, Wilkins and Beckman.
Voting "No" None.
Voting "Abstain" Councilmember Tetens.
Motion Passed 4 to 0, with 1 abstention.
MAYOR'S ACTIVITY REPORT
Trees for Pearland Chairman John Bowman addressed Council and gave an overview
for the purpose of the Trees for Pearland Organization. It is their goal to plant a lot of
trees in Pearland, organize tree planting and other activities relating to beautification of
the community with trees.
Mayor Reid reported that on July 14 he met with PEDC Executive Director Glen Erwin
and SEED Executive Director George Bayliss to discuss tourism; July 15 he attended the
Brazoria County Cities Association Meeting; July 16 & 17 he attended the Mayor and
Council's Annual Meeting; July 18 & 19 he attended the TML Risk Pool Board of Directors
Meeting; July 20 he attended the PEDC Monthly Meeting and conducted interviews for
the position of City Attorney; July 21 he attended the Houston Galveston Area Council
Board of Directors Meeting and the Trees for Pearland Meeting; July 22 he met with City
Manager Paul Grohman and Friendswood City Manager Ron Cox to discuss water issues
and he attended the Houston Metro Study Luncheon with Glen Erwin and that evening
conducted more interviews for the position of City Attorney; July 23 he met with Glen
Erwin, George Bayliss and the Brazoria County Director of Tourism and Museums and
he attended Chamber Open House; July 24 he attended the Girl's Association Softball
Tournament and on July 25 he conducted interviews for the position of City Attorney and
attended the Lion's Club 50th anniversary Celebration.
COUNCIL ACTIVITY REPORTS
Councilmember Beckman and Councilmember Tetens passed on their reports.
Councilmember Wilkins thanked everyone that helped make the Lion's Club 50th
Anniversary Celebration a success.
Councilman Berger read a letter from the City Attorney stating that the Council was not
in violation of the Open Meetings Act on June 3, 1998 at 7:00.
Councilmember Seeger stated that since the Garage Sale Ordinance went into effect July
1, he has received petitions with more than eighty individuals that are unhappy with the
Page 2 of 22 - 7/27
ordinance. Councilmember Seeger requested that the Garage Sale Ordinance be placed
on a future agenda to enable the Council to reconsider this ordinance for revision.
Councilmember Seeger confirmed with Mayor Reid that this item could be considered
at a workshop.
CITY MANAGER'S REPORT
City Manager Paul Grohman presented Mayor Reid with the "City Hall Public Information
Award" which is a national award. The first place award id for the calendar prepared by
city staff. The calendar was judged against 270 total entries from 32 states.
City Manager Grohman also presented the Mayor with four different awards the PEDC
received for their advertising and promotional materials.
Mr. Grohman reported that the City has received $51,000 from the recent auction of
surplus City equipment. He further reported that the painting of the water tower should
be complete in the next thirty days. City Manager Grohman also reported on wastewater
projects and said that construction is moving quickly on the overpass. He reported on the
bus tour of the City by board and commission members.
CITIZENS:
Mayor Reid introduced Toby Davenport, who has been the Mayor of the City of Freeport,
served on the Port of Freeport Commission and a Community Leader in south Brazoria
County.
Toby Davenport, 113 Brazos Lane Court, Freeport, TX addressed Council and
commended the Council and Staff for doing a great job for the City of Pearland. Mr.
Davenport stated that he enjoyed the 50'hAnniversary of the Lion's Club. He announced
that he is the Democratic candidate for the Brazoria County Judge. Mr. Davenport
encouraged everyone to go out and vote in November.
Doug Elliot, resident of Alvin, addressed Council regarding the response and the behavior
toward a Pearland Citizen who voiced a concern about a City Council decision. He had
concerns about how the Council has handled certain letters regarding their action toward
the City Manager. Mr. Elliot stated that he felt the action that Council took was
irresponsible and unethical.
Bobby Smith, 2405 Lynn, addressed Council and stated that he had concerns about a
Councilmember or an alleged Councilmember monitoring the affairs of the local
churches.
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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 TO ENHANCE LOCAL
LAW ENFORCEMENT AND PUBLIC SAFETY CAPABILITIES.
STAFF REVIEW OF LAW ENFORCEMENT BLOCK GRANT.
Police Chief Mike Hogg addressed Council and gave an overview of the proposed grant.
He stated that the grant would be approximately $16,435 with the City matching
approximately $4,000. The fund would be used to upgrade the security at the Police
Department.
CITIZEN COMMENTS
Charlie Eason addressed Council and stated that his daughter is a dispatcher at the Police
Department and he is in support of the grant, so that the security at the Police Department
can be improved.
COUNCIL/STAFF DISCUSSION
Chief Hogg stated that there are a lot of sensitive areas at the Police Department and a
new security system could better allow access and security to the various areas.
ADJOURNMENT OF DOCKETED PUBLIC HEARING
Docketed Public Hearing was adjourned at 9:15 p.m.
Council returned to its Regular Meeting at 9:15 p.m.
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248
UNFINISHED BUSINESS
SECOND AND FINAL 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 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, tc
approve Ordinance No. 509-206 (Application No. 247) on its second and final reading.
Councilmember Tetens stated that the land use change should be for a Specific Use
Permit for Mini -Storage.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins and Beckman.
Voting "No" Councilmember Tetens.
Motion Passed 4 to 1.
SECOND AND FINAL 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.
Page 5 of 22 - 7/27
249
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Wilkins, to
approve Ordinance No. 509-207 (Application No. 309) on its second and final reading.
Councilmember Tetens stated that the land use change should be for a Specific Use
Permit for Mini -Storage.
Voting "Aye" Councilmembers Beckman, Wilkins, Seeger and Berger.
Voting "No" Councilmember Tetens.
Motion Passed 4 to 1.
SECOND AND FINAL 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 (R -1S) 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.
SECOND AND FINAL 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.
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.
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2 5 o a
SECOND AND FINAL READING OF ORDINANCE INC?. 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 Y2 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. Y 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.
SECOND AND FINAL 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. Y OF THEW. Y2 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.
SECOND AND FINAL 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
Page 7 of 22 - 7/27
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.
SECOND AND FINAL 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 LOT4, 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 OFGUERO 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.
SECOND AND FINAL 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.
SECOND AND FINAL 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,
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BRAZORIA COUNTY, TEXAS (APPLICATION NO. 283) (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.
SECOND AND FINAL 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.
SECOND AND FINAL 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
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.
SECOND AND FINAL 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
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5 3.1
UNRECORDED SHARONDALE SUBDIVISION, CONTAINING 0.0505 ACRES OUT OF
10 ACRE TRACT IN THE S Y2 OF THE NE 1/4 OF THE SE 1/4 OF THE G.C. SMITH
SURVEY, SECTION 16, A-546, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 290)
(16314 CR 103) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD)
TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE 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.
SECOND AND FINAL 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.
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Wilkins, to
approve Ordinance No. 509-208 (Application No. Specific Use Permit No. 62), Ordinance
No. 509-209 (Application No. 262), Ordinance No. 509-210 (Application No. 259),
Ordinance No. 509-211 (Application No. 285), Ordinance No. 509-212 (Application No.
278), Ordinance No. 509-213 (Application No. 268), Ordinance No. 509-214 (Application
No. 284), Ordinance No. 509-215 (Application No. 289), Ordinance No. 509-216
(Application No. 277), Ordinance No. 509-217 (Application No. 291), Ordinance No.
509-218 (Application No. 290), Ordinance No. 509-219 (Application No. 293) on their
second and final reading.
Voting "Aye" Council members Seeger, Berger, Wilkins, Tetens and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
NEW BUSINESS:
Page 10 of 22 - 7/27
�54
COUNCIL ACTION - RESOLUTION NO. R98.49 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING RESOLUTION NOS. R94-
32 AND R97-28 AND SETTING FORTH THE RULES OF PROCEDUREAND ORDER OF
BUSINESS FOR THE CITY COUNCIL; CONTAINING A SAVINGS CLAUSE AND
A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to
approve Resolution No. R98-49.
Dave Miller, 2706 Shady Creek, addressed Council stating that he had talked to the City
Attorney and he answered some of his questions. He further stated that he chanted to
commend the Council for extending the speaking limit to five minutes instead of three.
He stated he had concerns about the citizens addressing council but the attorney was
able to clear that up for him and recommends it adoption.
Interim City Attorney Darrin Coker addressed Council and stated that the Resolution will
prohibit the people in the audience from speaking out at will without being addressed by
Council and the procedure is explained in the document.
Mayor Reid stated that a Council Meeting is a business meeting and is not an open
forum. He further explained that we needed a provision for a Consent Agenda and this
Resolution will allow that. He further explained the procedures for a Consent Agenda.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 857 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 10, FIRE
PREVENTION AND PROTECTION, OF THE CITY OF PEARLAND CODE OF
ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED; PROVIDING
A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICA-
TION AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE
NEED TO PROTECT THE CITIZENRY FROM FIRE HAZARDS INURES TO THE
BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH,
SAFETY AND WELFARE OF THE CITIZENRY.
Page 11 of 22 - 7/27
+iN
Mayor Po -Tem Wilkins made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 857 on its first and only reading.
Fire Marshal Larry Steed addressed Council addressed Council and stated that this
action will update the Fire Codes for the City.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - POSSIBLE AMENDMENT TO THE LAND USE ORDINANCE AND
SUBDIVISION ORDINANCE REGARDING AGGREGATE SIDE YARD SETBACK
REQUIREMENTS.
Councilmember Berger made the motion, seconded Mayor Pro -Tem Wilkins, to put this
item on the table for discussion.
Planning and Development Director Dennis Smith addressed Council regarding the
development of R-4 lots. He further stated that the current Land Use Ordinance calls for
a aggregate side yard setback of fifteen feet for all classification's R-1 through R-4. We
have had a lot of variance requests for a five-foot side yard and for a ten -foot aggregate.
Renee West, 2510 Westminister, addressed Council and stated that the developers in the
area right now are community oriented as far as the needs of Pearland. She said that
Pearland really stresses quality of life and as construction cost increases building homes
are more expensive. She further stated to keep a nice house and spend the same amount
of money we end up with a smaller lot. Five foot setbacks would be a good savings. If you
can save five feet on every lot that is a lot of money.
John Taylor, 702 Omar Street, addressed Council and stated that he has never had a
customer bring up the issue of the setbacks. He further addressed side yard setbacks.
Clinton Wong, 11135 North County Squire, addressed Council and complimented City staff
for going outside and checking with other cities to see what their setbacks are. Mr. Wong
stated that he has been building here for the last several years and he has been very
happy seeing Pearland holding it's own even against the Woodlands. He said that we are
starting to see a Land Use Ordinance that is not keeping up with the times. The materials
and technology are changing. He further gave his reasons why the side yard setbacks
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should be changed.
Ken Caffey, 1013 North Amy, addressed Council and stated that they have about
seventeen communities that they are building and all the subdivisions they are building
now have prices ranging from $90,000 to $180,000. One thing that has been brought up
was the issue of fire and wooden shingles. He gave an example of a house fire in Katy,
where a house a half of a mile away also caught fire. He further stated that certain types
of roofing can cause a fire to happen. Mr. Caffey said they have been building in this area
for years and they have not had any complaints. He stated he does not feel that this
change would hurt anybody in Pearland or people moving into the community. He said they
have about five hundred acres right now that they are ready to develop and they are doing
it with quality and safety for the community.
There was lengthy discussion between the Council and Staff regarding side yard set
backs.
Councilmember Berger made the motion, seconded Mayor Pro -Tem Wilkins, to table this
item.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION -AWARD OF BID NO. B98-19 FOR PEARLAND PARKWAY F.M. 518
TO 1000' NORTH.
Councilmember Seeger made the motion, seconded by Councilmember Berger, to award
Bid No. B98-19 for Pearland Parkway F.M. 518 to 1000' North to Hassell Construction
for the total bid in the amount of $335,534.65.
City Engineer John Hargrove reviewed the bids received for the extension of Pearland
Parkway 1000' north of FM 518, and recommended that Bid No. B98-19 is awarded to
Hassell Construction in the amount of $335,534.65.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens and Beckman.
Voting "No" None.
Motion passed 5 to 0.
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COUNCIL ACTION - AWARD OF BID NO. B98-21 DITCH EXCAVATION.
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
award Bid No. B98-21 for Ditch Excavation and Cleaning to Rebel Contractors for the
total bid in the amount of $76,307.70.
Public Works Director Jerry Burns reviewed the bids received for the Ditch Excavation
and Cleaning. Mr. Burns stated that the contractor will excavate and clean more than
eleven miles of ditches. To date the city employees have excavated and cleaned nine
miles of ditches, giving a total of twenty miles of ditches. He recommended that Bid No.
B98-21 is awarded to Rebel Contractors, in the amount of $76,307.70. He further stated
that this contractor's bid was lower than the others because the contractor has a place
he can take the spoils, therefore he is not having to pay to dump the spoils and is able
to reduce the bid price.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger and Seeger.
Voting "No" None.
Motion passed 5 to 0.
COUNCIL ACTION - AUTHORIZE THE CITY MANAGER OR HIS DESIGNEE TO
REQUEST BIDS FOR MEDICAL AND LIFE INSURANCE FOR THE CITY OF PEARLAND
EMPLOYEES.
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
authorize the City Manager or his designee to request bids for Medical and Life Insurance
for the City of Pearland Employees
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. 98-48 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO SUBMITAN APPLICATION TO THE DEPARTMENT OF JUSTICE
FOR A LOCAL LAW ENFORCEMENT BLOCK GRANT AND EXECUTE ANY
AGREEMENTS NECESSARY TO RECEIVE SAID GRANT; AND ALLOCATING
MATCHING FUNDS FROM THE CITY OF PEARLAND AS REQUIRED.
Page 14 of 22 - 7/27
�8
Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R98-48.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO, 98-47 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO SUBMIT AN APPLICATION TO THE STATE OF TEXAS
CRIMINAL JUSTICE DIVISION FOR A GRANT TO COMBAT UNDERAGE DRINKING
AND EXECUTE ANY AGREEMENTS NECESSARY TO RECEIVE SAID GRANT.
Councilmember Berger made the motion, seconded by Mayor Pro -Tem Wilkins, to
approve Resolution No. R98-47.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - EXCUSE ABSENCE OF COUNCILMEMBER RICHARD TETENS
FROM THE REGULAR MEETING HELD ON JULY 13, 1998.
Councilmember Seeger made the motion, seconded by Councilmember Berger, to
excuse the absence of Councilmember Tetens from the regular Council Meeting held on
July 13, 1998.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins and Beckman.
Voting "No" None.
Voting "Abstain" Councilmember Tetens.
Motion Passed 4 to 0, with 1 abstention.
COUNCIL ACTION - SUBMISSION OF PROPOSED 1998-99 BUDGET AND SETTING
OF PUBLIC HEARING, TENTATIVE DATE OF AUGUST 10, 1998, 7:00 P.M..
Page 15 of 22 - 7/27
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
set the Public Hearing for a date of August 10, 1998, 7:00 p.m. for the proposed 1998-99
budget.
City Manager Paul Grohman presented the Council with the proposed budget for 1998- ---'
99. Mr. Grohman said this is his seventh budget year here and this is the seventh time
that we have come in with a tax rate the same as the previous year. We do have a
balanced budget it is completely balanced as usually. This year we expect to spend about
$54.76 million; much of which are capital improvements.
Mayor Reid stated that this is a massive document. He commended Mr. Grohman and
staff putting it together.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens and Beckman
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - ACCEPTANCE OF CERTIFICATION OF ANTICIPATED DEBT
COLLECTION RATE FOR 1998 AND CERTIFICATION OF EXCESS DEBT COLLECTION
FOR 1997.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to
accept the certification of the anticipated tax collection rate of 100% for the City of
Pearland as submitted by Tax Assessor Collector Rubye Jo Knight.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCILACTION - PRESENTATION OF 1998 CERTIFIED APPRAISAL ROLL FOR THE
CITY OF PEARLAND AND ASSOCIATED NEW CONSTRUCTION VALUE.
Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Tetens to
approve the 1998 Certified Appraisal Roll for the City of Pearland as certified by Cheryl
Evans, Chief Appraiser for the Brazoria County Apprisal District.
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TAXABLE VALUE FOR 1998
TOTAL TAXABLE VALUE $ 1.159.086.377
ESTIMATED TAXABLE VALUES FOR THE 1998 SUPPLEMENTAL ROLL
(Properties Still Under Protest)
BCAD APPRAISED VALUE *VALUE CLAIMED BY OWNER
$ 13.239.50 $ 11.915.595
SUMMARY:
Taxable Value for 1998 Appraisal Roll $ 1.159.086.377
*Estimated Taxable Value for 1998
Supplemental Roll $ 11.915.595
Net Taxable Value $1,171,001,972
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - PLACEMENT OF AN ITEM ON THE AUGUST 24, 1998 CITY
COUNCILAGENDATO CONSIDER THE PROPOSED FISCALYEAR 1998-99 TAX RATE
OF $.695 PER $100 VALUATION AND SETTING OF A PUBLIC HEARING ON THE TAX
RATE FOR AUGUST 10, 1998, AT 7:15 P.M.
Councilmember Berger made the motion, seconded by Mayor Pro -Tem Wilkins, to place
an item on the August 24, 1998 City Council Agenda to consider the proposed Fiscal
Yeara1998-99 Tax Rate of $.695 per $100 valuation and setting of a Public Hearing on
the Tax Rate for August 10, 1998, at 7:15 p.m.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger and Seeger.
Voting "No" None.
Page 17 of 22 - 7/27
Motion Passed 5 to 0.
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 PART OF LOT 2, BLOCK 10, ALLISON RICHEY
GULF COAST HOME CO., SUBDIVISION, ACCORDING TO THE PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 317) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE
REQUEST OF JAMES W. GUSTAFSON, 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 Beckman to
approve Ordinance No. 509-205 (Application No. 317) on its first reading.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-220 - 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 1.451 ACRE PARCEL OUT OF THE S. % OF LOT
8, ALLISON-RICHEY GULF COAST HOME CO. SURVEY, SUBURBAN GARDENS
SUBDIVISION ACCORDING TO THE DEED RECORDS, BRAZORIA COUNTY, TEXAS
(1207 STERLING DRIVE) (APPLICATION NO. 301) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT
THE REQUEST OF STEVEN E. AND ELAINE WELCOME, 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.
This item was passed by Council.
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FIRST READING OF ORDINANCE NO. 509-221 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 1.451 ACRE PARCEL OUT OF THE S. Y2 OF LOT
8, ALLISON-RICHEY GULF COAST HOME CO. SURVEY, SUBURBAN GARDEN
SUBDIVISION ACCORDING TO THE DEED RECORDS, BRAZORIA COUNTY, TEXAS
(1207 STERLING DRIVE) (APPLICATION NO. 301) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-1) AT THE REQUEST OF STEVEN E. AND ELAINE WELCOME,
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. 509-222 - 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 BOTH HALVES OF LOT 37, 3.3 ACRES OUT OF
THE ALLISON-RICHEY GULF COAST HOME CO. SURVEY, VOLUME 885, PAGE 288,
DEED RECORDS OF BRAZORIA COUNTY, TEXAS (2726 MORRIS ROAD)
(APPLICATION NO. 305) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF
GEORGE D. AND MARY FISHMAN, 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. 509-223 - 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 1.00 ACRES OUT OF THE H.C. JOHNSON 99
ACRE TRACT, SECTION 7, H.T. & B. R.R. CO. SURVEY, A-219, ACCORDING TO THE
DEED RECORDS OF BRAZORIA COUNTY, TEXAS, VOLUME 864, PAGE 8 (6316
GARDEN IA)(APPLICATION NO. 306) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE-FAMILY DWELLING DISTRICT (R-1) AT
THE REQUEST OF RON CLEAVER, 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
Page 19 of 22 - 7/27
SUBJECT.
FIRST READING OF ORDINANCE NO. 509-224 - 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 AND THE E. 6.00 FT. OF LOT 5, BLOCK
3, CAS -CON ACRES ADDITION, BRAZORIA COUNTY ACCORDING TO THE PLAT
RECORDED IN VOLUME 5, PAGE 137, PLAT RECORDS OF BRAZORIA COUNTY,
TEXAS (6130 COTTONWOOD) (APPLICATION NO. 308) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-1) AT THE REQUEST OF VIRGINIA A. McKENZIE, 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. 509-221 (Application No. 301), Ordinance No. 509-222
(Application No. 305), Ordinance No. 509-223 (Application No. 306) and Ordinance No.
224 (Application No. 308) on their first reading.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO.
509-225 - 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 11.309 ACRE TRACT IN LOT 12 OF THE H. MASTERSON SUBDIVISION,
SECTION 6, H.T. & B. R.R. CO. SURVEY, A-237 AND ALL OF LOT 2, BLOCK 1 OF THE
MALONE SUBDIVISION, VOLUME 18, PAGE 103, BRAZORIA CO. DEED RECORDS,
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 311) FROM CLASSIFICATION
SINGLE FAMILY DWELLING DISTRICT (R-3) TO SINGLE FAMILY DWELLING DISTRICT
(R-4) AT THE REQUEST OF FRAN COPPINGER, OWNER, PROVIDING FOR AN
AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
Page 20 of 22 - 7/27
RELATED TO THE SUBJECT.
Councilmember Tetens made the motion, seconded by Councilmember Beckman to
approve Ordinance No. 509-225 (Application No. 311) on its first reading.
Mayor Reid read into the record the Planning and Zoning Commission's recommendation
to approve Application No. 311, with a side note that the Commission allowed for Public
input on this application at their meeting.
Councilmember Tetens stated that he had two comments; he stated he objects to getting
Ordinances on something that we just had the Public Hearing on that night, and secondly
he has some problem going from R-2 to R-4. You're completely surrounded by R-2 and
then you have an island of R-4 in the middle of them.
City Manager stated that there has been some difficulty in getting this application
processed. One time due to staff changes it did not get advertised and the second time the
School District did not supply all of the property owners within the two hundred notice
requirements.
Fran Coppinger, owner of this project addressed Council advised the Council of the time
line she was working with. She said time is very much of the essence to them.
After lengthy discussion between Council, Staff and Fran Coppinger, Mayor Pro -Tem
Wilkins stated that he would like to amend Councilmember Tetens motion to table this
action to the next regular Council Meeting.
After further discussion Mayor Pro -Tem Wilkins stated that he would like to amend
Councilmember Tetens motion that the Council table this Ordinance until the next regular
Council meeting, seconded by Councilmember Tetens.
Mayor Reid called for a vote on the motion to table.
Voting "Aye" Councilmembers Tetens, Wilkins, Berger and Seeger.
Voting "No" Councilmember Beckman.
Motion Passed 4 to 1.
Page 21 of 22 - 7/27
269,
ADJOURNMENT:
Meeting was adjourned at 11:03 p.m.
Minutes approved as submitted and/or corrected this the 101h day of August, A.D.,
1998.
ATTEST:
.�IX
,e,ng Lorr,
ecr
Tom Reid
Mayor
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