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1998-08-24 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON AUGUST 24, 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 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 Development Director Dennis Smith; Director of Finance David Castillo; Parks and Recreation Director Ed Hersh; Director of Administrative Services Mary Hickling; Assistant Director of Administrative Services Wendy Standorf; Public Works Director Jerry Burns; Emergency Management Director David Smith; Purchasing Officer Gordon Island; Assistant Chief of Police Chris Doyle; Assistant Director of Finance Cindy Soto; Support Personnel Supervisor Paul Dillon; EMS Director Keith Bonner; Fire Marshal Larry Steed; Communications Specialist John Knight; Fleet Manager Mike Joyce; Assistant Executive Director PEDC John Bowman: 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 Councilmember Tetens. APPROVAL OF MINUTES Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to approve the Minutes of the August 10, 1998 Special Council Meeting held at 6:00 p.m., Minutes of the August 10, 1998 Joint Public Hearing held at 6:30 p.m., Minutes of the August 10, 1998 Public Hearing held at 7:00 p.m., Minutes of the August 10, 1998 Public Hearing held at 7:15 p.m., and the Minutes of the August 10, 1998 Regular Council Meeting held at 7:30 p.m. Page 1 of - 18 8/24 (ON Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid invited everyone to go by and see the new street lights being installed on Grand Boulevard. He stated that the lights are beautiful and they are a real enhancement to the Old Townsite. Mayor Reid presented a proclamation recognizing Raytheon Aircraft Services and Texas Honing, Inc. as Industries of the Year, to representatives from the Pearland Economic Development Corporation and the Pearland Hobby Chamber of Commerce, proclaiming the week of September 7t1 through September 11th, 1998 as "SALUTE TO INDUSTRY WEEK" Mayor Reid reported that on August 8 he attended the Small Business Administration Ribbon Cutting; August 12 he attended the Adult Reading Center Board of Directors Meeting; August 12 he attended the Chamber Luncheon and the Open House at Wendy's; August 14 he attended the Chamber Breakfast and "Making A Difference" Awards Ceremony; August 18 he attended the HGAC Board of Directors Meeting; August 20 he attended the Gulf Coast WaterAuthority Monthly Board of Directors Meeting and on August 20 he attended the Alvin City Managers Reception. COUNCIL'S ACTIVITY REPORTS: Councilmember Beckman reported that on August 19 she attended the Pearland Electronic Community Committee Meeting at the new Pearland Community College Campus and she also attended the Brazoria County Cities Association Meeting in Clute where the County Judge and Engineer spoke about roads in Brazoria County. Councilmember Tetens stated that he did not have anything to add to that. Mayor Pro -Tem Wilkins stated that he did not have anything to add either. Councilmember Berger stated likewise. Councilmember Seeger stated he passed. Page 2 of - 18 8/24 p-- CITY MANAGER'S REPORT: 38 . ,i1 City Manager Paul Grohman reported that we have won two national awards called the Savvy Awards for communication from Cities and City Halls. It is awarded by ICMA (International City Managers Association) and it is a very prestigious award. We won first place for our Calendar for communications. Mr. Grohman recognized Janet Berry and her staff. The second award was for our quarterly newsletter. He further reported that we started our 8th Citizen Police Academy last Thursday night. He also reported that was renewed as were grants for on our Urban Forester Grant two of our School Resource Officers. Our first Overpass is well underway and on schedule. Mr. Grohman stated that he would reserve the rest of his time for the budget presentation tonight. CITIZEN'S: Rick Scarborough, 2426 Killarney, read a letter that he had written to Councilmember Seeger regarding Mr. Grohman's reduction in pay based on what was reported to be poor performance. Also in the letter he asked that the recent actions be re-evaluated. He further stated that Mr. Grohman has brought professionalism to the City, and he has been good for the City. He closed his letter by stating that if he can ever be of service, do not hesitate to contact him. Bill Baldy, 3302 Wingtail, addressed Council and asked if there is any possibility that there could be an option for paying the water bill three months at time. Renee West, 2401 Country Club, addressed Council and stated that she has enjoyed developing in the City over the last few years. She commended the residents, and leaders of the community for the great things that have been done in Pearland. Ms. West stated that Mr. Grohman was one of the main contributors of getting the momentum going in the City, and she sees it coming to a screeching halt. She further addressed letters that are being sent out that are not being signed. Ms. West stated that we are the people and she wants the Council to listen to the things they have to say. She also stated, that this is pro -growth pro- community; its been exciting and she would like to see it continue. Charlie McMurray 5209 Spring Branch Drive, addressed Council regarding taxes. Mr. McMurray asked Council to consider having a homestead exemption. He further reported on other cities that offer homestead exemptions. Mr. McMurray stated that is time for taxpayers to get a break. DOCKETED PUBLIC HEARING: NONE Page 3 of - 18 8/24 39 CONSENT AGENDA: Mayor Reid asked Council if they would like to remove anything from the consent agenda. Councilmember Berger stated that he like to remove Item B. SECOND AND FINAL READING OF ORDINANCE NO. 858 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, GOVERNING USE AND OCCUPANCY OF THE CITY'S RIGHTS-OF-WAY FOR THE PROVISION OF TELECOMMUNICATIONS SERVICES, INCLUDING THE ESTABLISHMENT OF COMPENSATION FOR THAT USE AND OCCUPANCY; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AGREEMENTS WITH TELECOMMUNICATIONS SERVICE PROVIDERSAS NECESSARY; HAVINGASAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Councilmember Seeger made the motion, seconded by Councilmember Berger, to approve Ordinance No. 858 on its second and final reading. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. X. MATTERS REMOVED FROM CONSENT AGENDA Consent Agenda Item B. was removed from the Consent Agenda by Councilmember Berger. SECOND AND FINAL READING OF ORDINANCE NO. 863 -AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR 1998, AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE. Councilmember Berger made the motion, seconded by Councilmember Tetens, to place Ordinance No. 858 on the table for discussion. Councilmember Berger stated that he had this item removed from the Consent Agenda because of some of the things that have happened since the last meeting. The School Page 4 of - 18 8/24 District has 1.6 million dollars from state funds, which concerns him. He further stated that it may be too late this year to have a homestead exemption. Councilmember Berger stated due to the increased School Tax Rate he would like the rate reduced from $0.695 per $100 to $0.67. Councilmember Berger stated that he would like to revise his motion and move the Tax Rate of Pearland to the rate of $0.67 per $100, seconded by Mayor Pro -Tem Wilkins. City Manager Paul Grohman stated that it may be more in order to have the budget presentation first. Mayor Reid stated that he would have no problem if it was tabled until after the budget presentation. Councilmember Beckman made the motion to table until after the budget presentation, seconded by Councilmember Tetens. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS: Mayor Reid with concurrence of the Council moved item No. 12 to the first item under New Business. FIRST READING OF ORDINANCE NO. 509-233 - 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 4.9902 ACRES, THE N'/ OF LOT 47, HT & B R R CO. SURVEY, SECTION 85, A-304 ACCORDING TO THE PLAT RECORDED IN VOLUME 2, PAGE 107, BRAZORIA COUNTY, TEXAS (1939 C.R. 93) (APPLICATION NO. 299) FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF THOMAS AMUNDSEN, 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 Berger, to Page 5 of - 18 8/24 41 approve Ordinance No. 509-233 (Application No. 299) on its first reading. Mayor Reid read into the record the Planning & Zoning Commissions recommendation to approve Application No. 299. Aaron B. Brooks, 2007 C.R. 93 addressed Council and stated that he and his wife have lived at this location for more than 37'2 years, and expressed his concerns about the drainage and flooding on his property. He further stated that they have no objection to Mr. Amundsen expanding his present location of business. He asked Council to consider their rights regarding this request. Loretta Patterson, 3406 Owens Road, addressed Council and stated that she has lived in Pearland most of her life. She stated that she has concerns about the new construction lowering the value of the property, and she would appreciate Council doing what they could to help. Sue Simler, 2018 C.R. 93, addressed Council regarding traffic and safety on the road. Ms. Simler gave Council pictures of the areas that she was concerned about. She was also concerned that if there was a school bus accident that there would not be proper emergency medical help available. She wanted that taken into consideration when it is voted upon. Tom Amundsen, 9447 Gates Loop, addressed Council and gave an overview of his business and the need to expand his business at the current location. He further stated that his business has annual sales in excess of $1 million dollars, which he runs through Pearland State Bank. The business is a high-tech business and they do not produce any pollution or annoyance, and they produce very little 18 wheeler traffic. He further stated that they are a very clean business, and asked Council to accept the recommendation of the Planning and Zoning Commission and vote for its approval. Jason Tedlie, 3351 C.R. 92, addressed Council and stated that he is in opposition of the land use change, not because Mr. Amundsen wanted to expand his business, but because he wants to put it in an Industrial Park Zone. Mr. Tedlie gave examples of several types of businesses that would be allowed to be in the Industrial Park Zone. He concluded by saying that the decision to rezone an area should be done with great fore- thought and care. Debra Amundsen, 9447 Gates Loop, addressed Council regarding how they built the business over the last few years. She stated that she cannot emphasize enough the emotional and financial devastation that a denial would have on them. She asked that Council vote in favor of their request. Page 6 of - 18 8/24 4 2 !tit � Gaylon Patterson, 3406 Owens Road, addressed Council on behalf of his mother and father -in law, Mr. and Mrs. Brooks. He stated that he had concerns about flooding on his family's property. He stated that no one wants to stop progress. He asked that the Council to please take that into consideration in this matter. Jane Muth, 8339 Dover, 1875 C.R. 93, addressed Council and stated that they have just closed on property on C.R. 93. They are wanting to get their children in a better school and in a better environment to grow up in. She stated that they live in the Hobby Airport area which has gone down for the reasons that are being discussed tonight. Ms. Muth said they are concerned about what is going to be built in this area. She further stated that she respectfully request that Council deny this request. Steven Muth, 8339 Dover, 1875 C.R. 93, addressed Council that their property is located several lots from the area that is being discussed. He stated when he first heard about this it was for an Industrial Park, but now seems to be an expansion of a current business. Mr. Muth stated that he is concerned of how the property could later be used. He closed by asking the Council to consider its dedication to the Master Plan Community concept and also to zoning. City Manager Paul Grohman addressed the Mayor and stated that he has a suggestion that could possibly be a way to serve both, perhaps with Special Use Permit. This would allow a very specific activity to occur on the property and it would restrict the long list of things that could happen as discussed; and that he would also be concerned with. Mr. Grohman stated that he would like to suggest, if it would be appropriate, is to table this issue, and allow him and staff to work on some of these issues. Mr. Grohman stated the thought is that we might be able to protect the neighborhood through a Special Use Permit and allow Mr. Amundsen to have good use of his property, without relocating his business. Mayor Reid stated that sounds like that would be an appropriate thing to do to sort through this. Mayor Reid asked if the remaining speakers would relinquish their time until this can be worked out. The speakers stated that they would relinquish their time. City Manager Paul Grohman asked that anyone who is interested to go out in the foyer and meet with Dennis Smith to set a time to discuss this matter. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Wilkins to table this until next meeting to allow for negotiation on this issue and it will be on the next Council Agenda for consideration. Page 7 of - 18 8/24 M Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. Mayor Reid with concurrence of the Council moved to Item No. 1 under New Business. COUNCIL'S ACTION MOTION TO REMOVE FROM THE TABLE, FIRST READING OF ORDINANCE NO. 862. Councilmember Tetens made the motion, seconded by Councilmember Beckman, to remove Ordinance No. 862 from the table. 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. 862 - AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1998, AND ENDING SEPTEMBER 30, 1999. Councilmember Tetens made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 862 on its first reading. City Manager Paul Grohman gave a presentation to Council regarding the proposed City Budget. Mr. Grohman's presentation included comparisons of the various aspects of the budgets from Alvin, Friendswood, La Porte, League City, Sugarland and Pearland. The comparisons included; Number of Full Time Employees, Top Five Salary Totals, Top 5 Salaries Per City, Total Population Served, Total Jurisdiction, Square Miles of Service Area, Residential Building Permits, Assessed Valuation Totals, Assessed Valuation per Capita, Sales Tax Revenue, Property Tax Rate, General Fund Expenditures, Top Ten Taxpayers Totals, Taxpayer Comparisons, Expenditures per Capita, Capital Projects Expenditures per Capita, Capital Project Expenditures perClP (Capital Improvement Project) Employee, CIP Employee Comparison, an overview of the City's Capital Improvement Projects, the David L. Smith Project, Southwest Environmental Center, the Sh35, Dixie Farm, Mykawa Road, Magnolia Dr., Pearland Parkway, McHard Overpass, Country Club Dr. and Monroe Extension Street Projects, 1997 Total Police Classified Personnel, 1997 Full Time Civilian Police Personnel Comparison, 1997 Total Police Personnel Comparison, 1997 Number of Page 8 of - 18 8/24 44 Police Officers, Pearland Police Department High Priority Response Times, 1997 Average High Priority Response Time, 1992-1997 Homicide Statistics, 1997 Burglary of Residence, Cost of Police Service Per Resident in 199 7, and the City's Property Tax Rate by Tax Year for from 1991 to 1998. Mayor Reid stated that the City Manager gave a good presentation. Randy Weber, 2810 Westminister, addressed Council and asked everyone to work together. He said that Paul is a good City Manager, and stated that we are in good shape and the community is growing. He again asked the Council to get in there and work the City Manager. There was additional discussion between the Mayor, Council and City Manager regarding the budget, Projects Coordinators and Emergency Medical Services. Councilmember Tetens addressed the Mayor and said he would like to call for the question. Mayor Reid called for a vote by show of hands, motion failed 3 to 2. Councilmember Beckman stated that she is really proud of where we have come. She further stated that she is proud of the professional staff, and further sated that this is a �- can -do City. To cut the budget and lower the taxes would be irresponsible. Mayor Pro -Tem Wilkins stated that he has concerns, but when looking at the whole budget he is willing to compromise and would like to move ahead with this issue for the sake of the City. City Manager Paul Grohman stated that $4.4 million plus dollar had been cut out of the proposed budget before it was submitted to Council. Councilmember Berger stated that it is his job as Councilman monitor the citizens taxes. He stated that it his obligation to questions regarding budget, increase in salaries and new positions. Councilmember Berger stated that he is not disagreeing with everything. Mayor Reid commented that this is the City Manager's budget, but when it is voted on it is the City Council's budget. They are doing exactly what they are supposed to which is question the budget. It is part of the budget process. Mayor Reid calledJor a vote on Ordinance No. 862. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Page 9 of - 18 8/24 45 Voting "No" None. Motion Passed 5 to 0. Mayor Reid called for a short recess. Mayor Reid called the meeting back to order. Councilmember Beckman made the motion, seconded by Councilmembers Tetens to remove ORDINANCE NO. 863 from the table. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. SECOND AND FINAL READING OF ORDINANCE NO. 863 -AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR 1998, AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE. Councilmember Beckman made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 863 on its second and final reading. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens and Beckman. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - DIRECTIVE TO STAFF TO INITIATE A SERVICE PLAN FOR THE ANNEXATION OF LAND WEST OF STATE HIGHWAY 288. Councilmember Seeger made the motion, seconded by Councilmember Berger, to direct staff to initiate a Service Plan for the annexation of land West of State Highway 288. Project Coordinator Alan Mueller presented with all three proposed areas that are being considered for annexation, even though they are all separate agenda. He stated this goes back to Goal No. 8 of the Council Goals, to provide for the orderly expansion of the City Page 10 of - 18 8/24 limits while maintaining a high level of service to residents an businesses. Mr. Mueller said the proposed areas total 4,410 acres and of that amount, approximately 2,000 acres will be annexation by petition of the land owners. He said the area west of Hwy 288 is approximately 2800 acres, second the area is west of Max Road and is approximately 280 acres, and the final area that is being suggested is along the Cullen Boulevard Corridor. He also addressed Service Plan issues and the impact that the annexation would have stating that in time two more police officers will be needed and additional support from the Public Works Department. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - DIRECTIVE TO STAFF TO INITIATE A SERVICE PLAN FOR THE ANNEXATION OF LAND WEST OF MAX ROAD AND LAND IN THE VICINITY OF THE CULLEN BOULEVARD CORRIDOR. Councilmember Berger made the motion, seconded by Councilmember Tetens, to direct staff to initiate a Service Plan for the annexation of land West of Max Road and land in the vicinity of the Cullen Boulevard Corridor. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. 98-51 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING PEARLAND INDEPENDENT SCHOOL DISTRICT'S GRANT APPLICATION TO THE HOUSTON- GALVESTON AREA COUNCIL OF GOVERNMENTS FOR CONTINUATION OF THE SCHOOL RESOURCE OFFICER PROGRAMS AT THE PEARLAND JUNIOR AND SENIOR HIGH SCHOOL CAMPUSES. Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Tetens, to approve Resolution No. R98-51. City Manager Paul Grohman stated that this is a grant that Council had acted on previously. This is the third year furnishing School Resource Officers; one at the Junior Page 11 of - 18 8/24 High and one at the High School. The State has requested a caveat in the Resolution that if the funds are mis-spent, the funds will be reimbursed to the State. Mr. Grohman further stated that was already in the contract. Therefore, there is no affective change and recommended its approval. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. 98-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING RESOLUTION R98-32 AND AUTHORIZING THE CITY MANAGER TO EXECUTE A DEVELOPMENT AGREEMENTWITH ML PARTNERSHIP, ATEXAS GENERAL PARTNERSHIP, FOR THE CONSTRUCTION AND OVERSIZING OF WATER AND/OR SANITARY SEWER FACILITIES TO SERVE SITES ALONG PEARLAND PARKWAY FROM MARY'S CREEK NORTH TO THE INTERSECTION OF BROADWAY (FM 518), AND SANITARY SEWER SERVICE ON PEARLAND PARKWAY FROM MARY'S CREEK NORTH ACROSS BROADWAY (FM 518) APPROXIMATELY 3,000 FEET, AND TO THE BARRY ROSE WASTEWATER TREATMENT PLANT ("BARRY ROSE WWTP") ALONG AN EASEMENT TO BE ACQUIRED BY THE CITY OF PEARLAND, AND DEDICATING SAID WATER AND SEWER FACILITIES TO THE CITY FOR OPERATION AND MAINTENANCE. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to approve Resolution No. R98-52. City Manager Paul Grohman stated that at the last Council Meeting the City Manger was authorized us to do a pro -rata policy on Pearland Parkway and also in the Old Townsite. We already had a contract with ML Partnership, this not change their portion of the contract. Instead of building a force main that would be obsolete and destroyed, we are asking to up size our agreement. The amount goes to about $300,000 our share. We do have the money because the apartment project just paid $300,000 impact fees, it is an impact fee eligible project. Mr. Grohman also stated for Council edification, that ML Partnership's financial commitment does not change at all because their scope of work did not change. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None: - Page 12 of - 18 8/24 Motion passed 5 to 0. i COUNCIL ACTION - RESOLUTION NO. R98-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 OF A 66.82 ACRE TRACT LOCATED SOUTH OF FM 518 AND EAST OF STATE HIGHWAY 288. Councilmember Beckman made the motion, seconded by Councilmember Tetens, to approve Resolution No. R98-53 to include within the Resolution to include that this development would be for Single Family and Commercial as well as Multi Family Residences. City Manager Paul Grohman stated that this is a very small area adjacent to Silverlake MUD No. 6. Mr. Grohman said that he does recommend its approval. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R98-54 - A RESOLUTION OF THE CITY r" COUNCIL OF THE CITY OF PEARLAND, TEXAS, INDICATING THE CITY'S DESIRE, IN ACCORDANCE WITH CITY ORDINANCES, TO CONTINUE REQUIRING A FIFTEEN FOOT SIDE YARD SETBACK BETWEEN HOUSES, EXCEPT FOR THE PURPOSE OF CURING THE EFFECT OF UNIQUE, NON SELF-CREATED HARDSHIPS. Councilmember Seeger made the motion, seconded by Councilmember Tetens, to approve Resolution No. R98-54. Mayor Reid stated that he had asked the City Attorney to place this on the agenda. He said that he felt it should go on record what we believe and put- it out there where people could understand. Councilmember Beckman stated that we should go into study very quickly with our Land Use Ordinance and Subdivision Ordinance so it can be modernized and brought up to date. She further stated due that this type of question coming up, shows that our Ordinance isn't working the way it should. Councilmember Tetens also stated that the Ordinance needs to be reworked. Page 13 of - 18 8/24 Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 866 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING STOP SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON PEBBLE BROOK DRIVE IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH MAGNOLIA STREET, UPON PEBBLE BROOK DRIVE IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH CORNERSTONE STREET, UPON YELLOWSTONE CIRCLE IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH CORNERSTONE STREET, UPON STONEGATE CIRCLE IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH CORNERSTONE STREET, UPON CORNERSTONE STREET IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH WHITESTONE DRIVE; (PARTIAL REPLAT OF COBBLESTONE SUBDIVISION); PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION, AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH STOP SIGNS AT INTERSECTIONS INURES TO THE BENEFIT OF THE TRAVELLING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Councilmember Berger made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 866 on its first and only reading. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 867 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 7, BUILDING, CHAPTER 9, ELECTRICITY, AND CHAPTER 23, PLUMBING AND GAS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS THEY MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO ADOPT AND INCORPORATE BY REFERENCE VARIOUS REGULATORY CODES GOVERNING THE AFOREMENTIONED CHAPTERS; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, Page 14 of - 18 8/24 50 ;,.11 CODIFICATION, AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE PROPER CONSTRUCTION OF BUILDINGS INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 867 on its first and only reading. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - COUNCIL ACCEPTANCE OF THE VILLAGES OF EDGEWATER ESTATES SECTION ONE SUBDIVISION. This item was passed to a future Agenda. No Council action taken. 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 A 5.10 ACRE TRACT OUT OF 37.948 ACRE TRACT KNOWN AS A-240 H.T.&B.R.R. COMPANY SURVEY ACCORDING TO THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 298) (HATFIELD ROAD) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-4) TO GENERAL BUSINESS (GB) AT THE REQUEST OF JOHN MASSEY, 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, to approve Ordinance No. 509-220 (Application No. 298) on its first reading. Mayor Reid read into the record the Planning & Zoning Commissions recommendation to approve Application No. 298. Councilmember Tetens stated this is a good example again of why we need to rework our Page 15 of - 18 8/24 15 A., Ordinance. This applicant wants to put a residential type use but yet you have to ask for a General Business to do it. He stated that there should be some listing under the residential use that would accommodate it. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-228 - 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 4.3705 ACRE TRACT OUT OF RESERVE "B", REPLAT OF CORRIGAN ADDITION, SECTION 1, ACCORDING TO THE PLAT IN VOLUME 11, PAGES 97-98, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (5400 W. BROADWAY) (APPLICATION NO. 312) FROM CLASSIFICATION NEIGHBORHOOD SERVICES DISTRICT(NS)TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF E. MAURIS HARDCASTLE, AGENT FOR V.L. JEFFORD, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Councilmember Beckman made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-228 (Application No. 312) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 312. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-229 - 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 24 OF THE CAS -CON ACRES SUBDIVISION, Page 16 of - 18 8/24 J5 2 ' SECTION 2, HT& B R R CO. SURVEY, A-504, AS RECORDED IN THE PLAT RECORDS OF BRAZORIA COUNTY, TX (6102 RAZA STREET) (APPLICATION NO. 320) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R=1) AT THE REQUEST OF JOEL AND LINDA GUERRERO, 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. 509-230 - 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 1.1157 ACRES, KNOWN AS TRACT 8C6 -8K, HT & B R R CO. SURVEY, A-509, RICHLAND ACRES SUBDIVISION, AS RECORDED IN THE PLAT RECORDS OF BRAZORIA COUNTY, TX (16020 AUBRELL) (APPLICATION NO. 321) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF JOEL GUERRERO,SR. AND JOEL GUERRERO, JR., OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, ASEVERABILITY CLAUSE, AN EFFECTIVE DATEAND OTHER PROVISIONS RELATED TO THE SUBJECT. t--• FIRST READING OF ORDINANCE NO. 509-231 - 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 7 OF HICKORY CREEK PLACE ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11, PAGES 1-2, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, (14207 MELANIE LANE)( APPLICATION NO. 323) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF GROVER C. AND JOY L. ATKINS, 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. 509-232 - 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 3, BLOCK 5, HICKORY CREEK PLACE SUBDIVISION, PART OF SECTION 7, HT & B R R CO. SURVEY, A-219, ACCORDING TO Page 17 of - 18 8/24 THE PLAT RECORDED IN VOLUME 11, PAGES 1-2, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (5811 KELLY) ( APPLICATION NO. 328) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT(SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF JACK W. BONDS, 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 Mayor Pro -Tem Wilkins, to approve Ordinance No. 509-229 (Application No. 320), Ordinance No. 509-230 (Application No. 321), Ordinance No. 509-231 (Application No. 323) and Ordinance No. 509-232 (Application No. 328) on their first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application Numbers 320, 321, 323 and 328. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: ADJOURNMENT Meeting was adjourned at 11:07 p.m. Minutes approved as submitted and/or corrected this the 14T" day of September, A.D., 1998. �0 Tom Reid Mayor ATTEST: Page 18 of - 18 8/24