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1998-09-14 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON SEPTEMBER 14,1998, 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 Councilmember City Attorney City Secretary Tom Reid Larry Wilkins Helen Beckman Richard Tetens William Berger Klaus Seeger Darrin Coker 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 Coordinator 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; Assistant Executive Director PEDC John Bowman: and Project Specialist Ruby Perez. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Reverend Harold Gentry, and the Pledge of Allegiance was led by City Secretary Young Lorfing. APPROVAL OF MINUTES Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to approve the Minutes of the August 24, 1998 Joint Public Hearing held at 6:30 p.m., and the Minutes of the August 24, 1998 Regular Council Meeting held at 7:30 p.m. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Pagel of 20 - 9/14 17 62 Motion Passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid stated that due to the length of the meeting he would like to suspend his report and the Council's reports. However, the Mayor recommended that everyone submit their reports in writing to the City Secretary for inclusion in the minutes. Mayor Reid reported that on August 25 he attended the Pearland Independent School District Committee on Education and Goals Meeting; August 27 he attended the Chamber Infrastructure Committee Meeting and the Installation of the Pearland Postmaster; August 28 he attended the Chamber Executive Luncheon and the Retirement Party for Alvin City Secretary Wynette Stoner; September 1 he attended the AARP Monthly Meeting; September 3-5 he attended the Texas Association of Regional Councils Legislative Committee Conference; September 9-12 he attended the Texas Association of Regional Councils Annual Meeting and on September 14 he attended the TML Legislative Committee on Electric Deregulation. COUNCIL'S ACTIVITY REPORTS: All of the Councilmembers concurred with the Mayor's recommendation to suspend the Council reports. CITY MANAGER'S REPORT: None. CITIZEN'S: Betty Callaway, 2007 N. Galveston, addressed Council and stated that Paul was not hired to be "Mr. Congeniality" he was hired to manage this rapidly growing city. He has done what he was hired to do with a vision, and strategy, that is amazing. Ms. Callaway further stated she is in support for Mr. Grohman. John Bowman, 2525 Barry Rose, addressed Council and read a memo that he had sent to the City Manager on July 1, 1998 regarding his concerns about public meeting violations, by Councilmember Berger. Mr. Bowman further stated that he is a loyal city employee who has worked hard to represent the City of Pearland in an efficient and effective manner. He said he is concerned that people within City government are not judged based on performance, but on positioning and process. Employees should be judged on what they Page 2 of 20 - 9/14 accomplish, not how they went about completing the task. Mr. Bowman said he felt this effort against Mr. Grohman is based on egos and control, not Mr. Grohman's leadership and effectiveness as City Manager. Diane Roberts, 2509 Stacy Drive, addressed Council and stated that she has in lived in Pearland for 20 plus years. Ms. Roberts spoke in support of City Manager Paul Grohman. Stella Roberts, 2918 Green Tee Dr. addressed Council and stated that the Council knows her views on the fact. She thinks Mr. Grohman has done a great job. She gave a brief history of how it used to be when she was on Council. Ms. Roberts also addressed the number of votes that it took to remove the City Manager. Chip Hosek, 3126 Yost Road, addressed Council and thanked Council for getting Pearland back on the right track. Mr. Hosek stated that he has concerns about lawsuits that could be generated from the action that was taken to remove the City Manager. He also stated that he would like to submit his name to serve on the Charter Review Commission. Jerry Richardson, 5309 Groveton Lane, addressed Council and stated that he could not believe that a Special Meeting was scheduled on a Friday night prior to Labor Day weekend. He also referenced an old movie "Hang Um High" and not allowing someone to speak. He stated that he felt that three Councilmembers need to be evaluated, and allow the citizens of Pearland to perform that evaluation as soon as they can get to the polls. DOCKETED PUBLIC HEARING: NONE CONSENT AGENDA: r A. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 862 - AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1998, AND ENDING SEPTEMBER 30, 1999. B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 609-220 -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 Page 3 of 20 - 9/14 4 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) j 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. C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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 A4.3705 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. D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 609-229 -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, 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 Page 4 of 20 - 9/14 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. E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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, FORTHE 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, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. F. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-231 -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, FORTHE 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 Page 5 of 20 - 9114 PROVISIONS RELATED TO THE SUBJECT. G. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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 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) ATTHE REQUEST OF JACK W. BONDS, OWNER, PROVIDING FORAN AMENDMENTOF 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 the Consent Agenda as presented. Mayor Pro -Tem Wilkins stated that due to the recent situation, he would like to amend the motion for Item A. City Attorney Darrin Coker stated that Council would have to remove Item A from the consent agenda. Mayor Reid stated that if Item A was removed; it would be placed under items removed from the Consent Agenda. Mayor Reid called for a vote on the previous motion. Voting "Aye" Councilmembers Tetens, and Beckman. Voting "No" Councilmembers Wilkins, Berger, and Seeger. Motion Failed 3 to 2. Mayor Reid stated the motion failed. He asked if anyone would like to remove anything Page 6 of 20 - 9/14 from the Consent Agenda. Mayor Pro -Tem Wilkins requested that Item A, Ordinance No. 862, be removed from the Consent Agenda. Mayor Reid stated that it is the Councils privilege to do that. It has now been moved to Matters Removed From Consent Agenda. Councilmember Beckman made the motion, seconded by Councilmember Tetens to approve the following Ordinances on the Consent Agenda on their second and final reading; Ordinance No. 509-220,509-228, 509-289, 509-230, 509-231, and 509-232. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA A. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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 the Ordinance No. 862 on i second and final reading as presented. Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Berger, to amend the budget due to the expenditure that the City is going to incur in the funding of the City Manager's severance package; by removing the new Project Manager position, two Project Coordinator positions, the new EMS Director position, and also amend the organizational chart to transfer the supervision of the Public Works Department from the Emergency Management Coordinator to the City Manager. Councilmember Beckman asked f the cuts are necessary to cover that expense. Director of Finance, David Castillo, stated that the expenses for the severance package would be paid for out of the current budget if they are paid by September 301H Mayor Reid stated that he felt it would be wise to leave the budget as it was on the first reading, and that it should be adopted as it is now structured. He further stated that he Page 7 of 20 - 9/14 would like to leave the positions in the budget, and just not to fill them. Mayor Reid asked the Director of Finance, David Castillo, how much monies we have in the reserves. Director of Finance, David Castillo, stated at this time we do not have any monies set aside specifically for the severance package. Councilmember Berger stated that if the expenditure is paid out of this budget, it could be recouped out of next years budget, as a result of cutting the positions. He further stated that Mr. Erwin is qualified for the position of City Manager, if he accepts the position; and that Mr. Erwin is the seconded highest paid individual on the staff for the City of Pearland, let him decide if he needs additional employees for the project. Mayor Reid called for a vote on the motion to amend the budget. Councilmember Tetens stated that if the positions are cut out of the budget they cannot be filled. If they are left in the budget and they are needed, they can be filled. He further stated that they do not have to be filled, but if you take them out of the budget they are gone. Mayor Reid called a for vote on the motion to amend the budget. Voting "Aye" Councilmembers Seeger, Berger, Wilkins. Voting "No" Councilmembers Beckman and Tetens Motion Passed 3 to 2. Mayor Reid stated that the amendment has now been drafted into the original motion. Mayor Reid called for a vote on the original motion with the amendment. Voting "Aye" Councilmembers Beckman, Wilkins, Berger, and Seeger. Voting "No" Councilmember Tetens. Motion Passed 4 to 1. NEW BUSINESS:.. FIRST READING OF ORDINANCE NO. 509-239 - AN ORDINANCE OF THE CITY Page 8 of 20 - 9/14 COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF GRANTING A SPECIFIC USE PERMIT TO ALLOW FOR THE MACHINING, FABRICATION, AND MANUFACTURING OF PLASTIC, RUBBER, AND METAL PRODUCTS, WITHOUT THE EMISSION OF DETECTIBLE DUST, ODOR, SMOKE, GAS OR FUMES BEYOND THE PROPERTY LINES OF THE LOT OR TRACT UPON WHICH THE USE IS LOCATED AND CHANGING THE LAND USE FROM SUBURBAN DISTRICT (SD) DISTRICT TO COMMERCIAL DISTRICT (C) ON THE FOLLOWING PROPERTY BEING 4.9902 ACRES, THE N % OF LOT 47, H.T. & 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) (SPECIFIC USE PERMIT NO. 65) AT THE REQUEST OF THOMAS AMUNDSEN, 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. 509-239 (Specific Use Permit No. 65) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Specific Use Permit No. 65. Teresa Turner, 1302 E. Broadway, addressed Council and stated that she is an employee of Mr. Amundsen's Business. She further stated that she is a single mother, and if the business had to be relocated it would not be as convenient for her to be close to her children. Ms. Turner asked Council to grant the zoning he is asking for. Paul Mulcahey, 15910 Harkey Road, addressed Council and stated that he is in the similar type business. He said Mr. Amundsen has jobs this City needs and Pearland needs industry. Mr. Mulcahey recommended the zone change. Suzanne Elliot, 6614 Broadway, addressed Council and stated that Mr. Amundsen has a very clean business. He shopsIQ. ally and has been a loyal customer. She further stated she would appreciate a vote in port of this change. Gaylon Patterson, 3406 Owens Road, addressed Council regarding his concerns about his father and mother-in-law, in that they have concerns about the drainage on their property. Mr. Patterson asked Council to consider his comments. Sue Similer, C.R.- 93, addressed Council and stated that in this Ordinance it does not prohibit him from putting up buildings, and bringing in other machines shops with different Page 9 of 20 - 9/14 owners, or renting them, and still having an Industrial Park. Ms. Similer asked to have the Ordinance amended so that he can only use it for his personal business. Debra Amundsen, 9447 Gates Loop, addressed Council and stated that they were here three weeks ago seeking a favorable decision regarding the zone change request. She stated that they have listened to several residents opposed to this change, and she did not feel that they have the right to be opposed to the change. Ms. Amundsen stated they take care of what they own and asked Council to vote in favor of the zone change. Gary Bucek, 3907 Abbleywood Dr., addressed Council and stated that he has been a business owner for the last thirteen years, and he felt that the City needs to help healthy businesses grow. Karen Ritchey, 1855 C.R. 93, addressed Council and stated that she owned a lot of property around Mr. Amundsen, and that if he is going to put up several buildings, it will be an Industrial Park. Ms. Ritchey said she would like to see his business grow, just not become an Industrial Park. Daniel Kidwell, 2 Windsong Lane, addressed Council and stated that he and his family moved to this area because of Mr. Amundsen, and that he works for Mr. Amundsen, and asked that he be allowed to expand the business. Biff Barker, 3703 Drummond, addressed Council and stated that he has been around the Pearland area all of his life. He also stated that it is handy to have Mr. Amundsen's business close to his, and asked Council to support this zone change. Tom Amundsen, 9447 Gates Loop, addressed Council and stated that after meeting with the City Attorney and Staff, that a compromise could be reached to mutually benefit all the parties. concerned. He further stated that the Ordinance before Council is that of a compromise. Mr. Amundsen said that he has always kept his property well maintained and will do the same in the future. Mr. Amundsen asked Council to vote for his zone change. Steve Mutz, 8339 Dover, addressed Council and stated that he has briefly reviewed the Ordinance. He further stated that he is concerned about barrels being stacked up, and if Mr. Amundsen sold the property, who, and then what type of business could be there. Mr. Mutz said he is sincerely concerned. City Attorney Darrin Coker stated that he and staff have met with Mr. Amundsen and tried to get a comprise, and through the Planning and Development Director, Dennis Smith, that has been accomplished with a commercial type zoning with a specific use permit; This would allow the current business to expand and grow. Mr. Coker further stated that any future expansion of that business would require him to submit a drainage plan which would Pagel 0 of 20 - 9/14 then be reviewed and approved by the City Engineer before a building permit would be issued. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - AWARD OF BID NO. B98-16 FOR THE CONSTRUCTION OF THE SOUTHWEST ENVIRONMENTAL CENTER WASTEWATER TREATMENT PLANT. Mayor Pro -Tem Wilkins made the motion, seconded by-Councilmember Tetens, to award Bid No. B98-16 for the construction of the Southwest Environmental Center Wastewater Treatment Plant to T & C Construction in bid in the amount of $5,314,000. City Engineer John Hargrove reviewed the bids received for the for the construction of the Southwest Environmental Center Wastewater Treatment Plant, and recommended that Bid No. B98-16 be awarded to T & C Construction, in the base amount of $5,309,000 and accept Alternate No. 3 in the amount of $5,000 to add vinyl coating to the chain link fence for a grand total of $5,314,000. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion passed 5 to 0. COUNCIL ACTION - COUNCIL ACCEPTANCE OF THE VILLAGES OF EDGEWATER ESTATES SECTION ONE SUBDIVISION. Councilmember Berger made the motion, seconded by Councilmember Tetens to accept Villages of Edgewater Estates Section One Subdivision. City Engineer John Hargrove addressed Council and stated that this section consist of approximately 45% acres which makes up 103 lots. Mr. Hargrove recommended its acceptance. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman Voting "No" None. Page 11 of 20 - 9/14 92, Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R98-55 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF IMPROVEMENTS TO MYKAWA ROAD FROM BELTWAY 8 TO 0.2 MILES SOUTH OF McHARD ROAD. Councilmember Seeger made the motion, seconded by Councilmember Berger, to approve Resolution No. R98-55. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 868 -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 MAILY MEADOW LANE IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH NORTH FORK DRIVE, UPON MAILY MEADOW LANE IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH EDGEWATER BEND LANE, UPON SHELL ISLAND COURT IN A SOUTHEASTERLY DIRECTION AT ITS INTERSECTION WITH EDGEWATER BEND LANE, UPON EDGEWATER BEND COURT IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH EDGEWATER BEND LANE, UPON SILVER STAR COURT IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH EDGEWATER BEND LANE, UPON SHOAL LAKE COURT IN A NORTHEASTERLY DIRECTION AT ITS INTERSECTION WITH EDGEWATER BEND LANE, UPON CASTLEBAY COURT IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH EDGEWATER BEND LANE, UPON EDGEWATER BEND LANE IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH IRISH SHORES LANE, UPON IRISH SHORES LANE IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH EDGEWATER BEND LANE, UPON IRISH SHORES LANE IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH LAKECREST LANE, UPON LAKECREST LANE IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH IRISH SHORES LANE, UPON PEBBLE BROOK LANE IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH LAKECREST LANE, UPON BEACON VIEW COURT IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH LAKECREST LANE, UPON LAKEWAY LANE IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH LAKECREST LANE, UPON NORTH FORK DRIVE IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH MAILY MEADOW LANE, UPON Page 12 of 20 - 9/14 EDGEWATER BEND LANE IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH MAILY MEADOW LANE, UPON EDGEWATER BEND LANE IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH MAILY MEADOW LANE, UPON LAKEWAY COURT IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH LAKEWAY LANE, UPON LAKECREST LANE IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH COUNTY ROAD 89 (VILLAGES OF EDGEWATER ESTATES, SECTION 1); 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 Mayor Pro -Tem Wilkins, to approve Ordinance No. 868 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. 869 -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 PINE CHASE DRIVE IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH PINE FOREST DRIVE, AND UPON PINE CHASE DRIVE IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH PINE FOREST DRIVE (PINE HOLLOW SECTION 1-8); 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 Tetens made the motion, seconded by Councilmember Beckman to approve Ordinance No. 869 on its first and only reading. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Page 13 of 20 - 9/14 Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 870 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING CHARGES FOR WATER AND SEWER SERVICES FURNISHED BY THE CITY, AS PROVIDED IN CHAPTER 30, ARTICLE II, SECTION 30-38 OF THE CODE OF ORDINANCES; REPEALING PREVIOUS WATER AND SEWER SERVICE RATE SCHEDULES; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION AND FOR CODIFICATION. Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Tetens to approve Ordinance No. 870 on its first and only reading. Project Coordinator Alan Mueller stated that this is a funding agreement, similar to the one that was passed two months ago for the Magnolia Road Project. The agreement states that the City will be funding 20% and TxDot will fund 80% of the project. This is improvements to Mykawa Road, starting at Beltway 8, going south passed McHard Road, where the new over pass is being constructed, and including the bridge at Hickory Slough. This project, as it was originally funded a year ago, stopped at McHard Road and did not include the bridge. Recently we were successful in getting the bridge added to the project. The estimated total cost for the project is approximately $5.3 million dollars, our local share of that is 20% a little over $1 million dollars. The local funding is laid out in the certificates of obligation in the budget. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 871 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING A STOP SIGN WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON 9-10 HIGH SCHOOL PRIVATE DRIVE IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH PEARLAND PARKWAY; 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 Page 14 of 20 - 9/14 THE CITIZENRY. 95 Councilmember Berger made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 871 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 -AWARD OF BID NO. B98-39 FOR MEDICAL AND LIFE INSURANCE FOR THE CITY OF PEARLAND EMPLOYEES. Councilmember Seeger made the motion, seconded by Councilmember Berger, to consider the awarding of Bid No. B98-39 for Medical and Life Insurance for the City of Pearland Employees. Councilmember Berger stated that when we first started talking about the insurance, the Council asked for a survey to be put in the paychecks to get a feed back from the employees asking how they felt about their current coverage, and if the bid premiums are guaranteed. Councilmember Berger made the motion, seconded by Mayor Pro -Tem Wilkins, to table the awarding of Bid No. B98-39 for Medical and Life Insurance for the City of Pearland Employees, until they get some information from Personnel regarding the survey. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Beckman. Voting "No" Councilmember Tetens. Motion passed 4 to 1. COUNCIL ACTION - PRESENTATION TO THE CITY COUNCIL FROM THE CITY SECRETARY OF A PETITION TO THE CITY COUNCIL FOR THE RECALL OF WILLIAM BERGER. Councilmember Beckman made the motion, seconded by Councilmember Tetens, to accept the petition for the recall of William Berger. City Attorney Darrin Coker addressed Council and stated that Council does not have to take any action tonight. This is a formality that must occur pursuant to our Charter. Page 15 of 20 - 9/14 Mr. Coker read the Certification of the Recall Petition of William Berger, as presented by City Secretary, Young Lorfing, certifying that 197 petitioners have complied with Sections 6.01, 6.02, 6.03, 6.04, and 6.05 of the Charter for the City of Pearland, Texas as submitted to the City Secretary's Office on the 9th day of September 1998. Councilmember Berger stated that he would like to go on record by stating that the charges are not only untrue but absurd. He said that at the Public Hearing he will go into greater detail regarding the charges. Councilmember Berger further stated as a new PEDC Board Member he provided a lead to the staff regarding a company i.e. Kemlon where his wife is employed. The Company indicated during his wife's interview that they liked Pearland and would like to move here someday. He also said that neither he or his wife has any financial interest in Kemlon. The only benefit that they receive by their relocating to Pearland, is the same available to any other taxpayer who resides in this community. He also stated that we gained a valuable addition to the assets of our City. Councilmember Berger also addressed the accusations that are on the petition. Voting "Aye" Councilmembers Seeger, Wilkins, Tetens, and Beckman. Voting "Abstain" Councilmember Berger Voting "No" None. Motion passed 4 to 0, with 1 abstention. FIRST READING OF ORDINANCE NO. 509-234 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY BEING 3.9507 ACRES OUT OF A 4.846 ACRE TRACT UNDER BCCF 93-035649 OUT OF THE H.T. & B.R.R. CO. SURVEY, A-234, PLAT RECORDS OF BRAZORIA CO., TX (APPLICATION NO. 349) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF MELVIN DILLING, 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. 509-234 (Application No. 349) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation Page 16 of 20 - 9/14 g to approve Application No. 349. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-235 - 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 37, WESTCHESTER SUBDIVISION, ACCORDING TO THE H.T. & B.R.R. CO. SURVEY, A-242 RECORDED IN THE PLAT RECORDS OF BRAZORIA CO., TX (APPLICATION NO. 322) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF JESSIE P. SCOTT, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-235 (Application No. 322) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 322. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-236 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED ON BEING A 4 ACRE PARCEL OUT OF LOT 8, THE SE 1/4 OF THE NE 1/4, H.T. & B.R.R. CO. SURVEY A-509, PLAT RECORDS OF BRAZORIA CO., TX AND BEING A 2 ACRE PARCEL OUT OF LOT 8, KNOWN AS TRACT 1, THE SE 1/4 OF THE NE 1/4, H.T.&B.R.R. CO. SURVEY, A-509, PLAT Page 17 of 20 - 9/14 J RECORDS OF BRAZORIA CO., TX (APPLICATION NO. 282) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL (C) AT THE REQUEST OF H. WAYNE WHITT, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Councilmember Berger made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 509-236 (Application No. 282) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 282. The Council, City Attorney, and Planning and Development Director discussed the possibility of issuing a specific use permit to allow for mini -storage buildings. Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Beckman, to table Ordinance No. 509-236 (Application No. 282) on its first reading for further review. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-237 - 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 38.699 ACRES, OUT OF THE S'/2 OF THE SE 1/4, H.T. & B.R.R. CO. SURVEY, A-546, RECORDED IN VOL. 84, PG. 313, DEED RECORDS OF BRAZORIA CO., TX (SPECIFIC USE APPLICATION NO. 64) CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT(SD)TO SINGLE FAMILY DWELLING DISTRICT (R -1S) AT THE REQUEST OF R. WEST DEVELOPMENT, AGENT, FOR RAVENWOOD SECTION 2, 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. 509-237 (Specific Use Application No. 64) on its first reading. Page 18 of 20 - 9/14 Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Specific Use Application No. 64. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-238 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED IN THE CITY LIMITS OF THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (APPLICATION NOS. 336, 324, 331, 314, & 330) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF THE OWNERS OF SUCH REAL PROPERTY, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. ,_. Councilmember Beckman made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-238 (Application Nos. 336,324,331,314, & 330) on their first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application Nos. 336, 324,331,314, & 330. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: ADJOURNMENT Meeting was adjourned at 10:12 p.m. Page 19 of 20 - 9/14 10 0" T ,'►��� Minutes approved as submitted and/or corrected this the 28t`' day of September, A.D., ..; ATTEST: Tom - e -id Mayor Page 20 of 20 - 9/14