1998-11-09 CITY COUNCIL REGULAR MEETING MINUTEST -0z
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON NOVEMBER 9,1998, 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
Interim City Manager
Glen Erwin
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Others in attendance: Sr. Project Manager Alan Mueller; Police Chief Mike Hogg; City
Engineer John Hargrove; Planning and Development Director Dennis Smith; Parks &
Recreation Director Ed Hersh; Public Works Director Jerry Burns; Assistant Director of
Administrative Services Wendy Standorf; Purchasing Officer Gordon Island; Municipal Court
Coordinator Cheryl Garcia.
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Police Chief Mike Hogg, and the Pledge of Allegiance was led
by Cub Scout Pack 468 "Dragon Patrol."
APPROVAL OF MINUTES
Council member Beckman made the motion, seconded by Mayor Pro -Tem Wilkins, to
approve the minutes of the October 19, 1998 Public Hearing held at 6:30 p.m., the minutes
of the October 19, 1998 Special Meeting held at 6:45 p.m., and the minutes of the October
26, 1998 Regular Council Meeting held at 7:30 p.m.
Voting "Aye" Councilmembers Beckman, Wilkins, Berger, and Seeger.
Voting "No" None.
Voting "Abstain" Councilmember Tetens.
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Motion Passed 4 to 0, with 1 abstention.
MAYOR'S ACTIVITY REPORT:
Mayor Reid reported that on October 27-31 he attended the TML Annual Conference in San
Antonio; November 3 he attended the AARP Monthly Meeting; November 4 he attended
NASA's 40" Anniversary; November 5 he attended Keep Pearland Beautiful / Trees of
Pearland Annual Meeting; on November 7 he attended "Bowling for Children" and on
November 9 he attended the County Tax Abatement Committee Meeting.
COUNCIL'S ACTIVITY REPORTS:
Council passed on their reports since the length of the previous Joint Public Hearings
caused the regular meeting to begin late.
CITY MANAGER'S REPORT:
Interim City Manager Erwin passed on his report, also since the length of the Joint Public
Hearings caused the regular meeting to begin late.
CITIZEN'S:
Charles McMurray, 5209 Spring Branch Drive, addressed Council regarding the number of
fire stations the City has, and addressed issues concerning the need for additional fire
trucks as the City the grows. He also addressed bond issues that the City passed a
resolution in support of the County, and the sale of bonds for road improvements and other
major projects.
Dennis C, Omo, 7826 Warren Drive, addressed Council and stated that he has recently
been annexed into the City. He now has new taxes, zoning that he does not like at all and
he still does not have police protection, water and sewer. In closing, he stated, that after a
year all that he has is a tax payment and zoning and does not like either one. Mr. Omo
thanked Council for their time.
Dwayne Leismer, 6712 Colonial Drive, addressed Council about a letter he received about
his address being changed. He does not believe that there is an address like his in
Pearland, and he is here tonight to see if he could possibly get the Council to reconsider,
and not change his address.
DOCKETED PUBLIC HEARING: None.
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Mayor Reid with concurrence of Council moved to New Business Item No. 15.
FIRST READING OF ORDINANCE NO. 509-248- 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 66.69 ACRES OF LAND, BEING A PART OF LOTS
16, 17, 18, & 25, OF THE L.W. MURDOCK SUBDIVISION, ACH & B SURVEY, SECT.
2, A-507, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN
VOLUME 29, PG. 174, DEED RECORDS OF BRAZORIA COUNTY, TEXAS, AND ALSO
BEING A PART OF THE H. STEVENS SURVEY, A-594, BRAZORIA COUNTY, TEXAS,
AND BEING A PART OF THAT CERTAIN 207.179 AC. TRACT DESCRIBED IN A DEED
FROM JOHN ALEXANDER AND A. GUY CROUCH AS INDEPENDENT EXECUTORS AND
TRUSTEES OF THE ESTATE OF HELEN F. ALEXANDER TO ELIZABETH ALEXANDER
NISBET DATED JUNE 4, 1981, AND RECORDED IN VOL. 1597, PG. 315, DEED
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 571) FROM
CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-2) TO SINGLE FAMILY
DWELLING DISTRICT (R-4 PUD) AT THE REQUEST OF R. WEST DEVELOPMENT,
AGENT, ELIZABETH ALEXANDER NISBET, 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.
Council member Beckman made the motion, seconded by Council member Berger, to
approve Ordinance Ip. 509-248 (Application No. 571) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 571.
The following Citizens addressed Council and spoke in support of the land use from Single
Family Dwelling District (R-2) to Single Family Dwelling District (R-4 PUD):
Renee West, 2510 Westminister, Linda Houston, 3916 Oakwood Pr. North, and Charlie
Eason 2510 Anthony.
The following Citizens addressed Council and spoke in opposition of the land use from
Single Family Dwelling District (R-2) to Single Family Dwelling District (R-4 PUD):
Dan Keller, 2103 W. Mary's Creek; Laura Hoffard, 4002 Shady Crest; Jonette Sheridan,
2104 Lake Edge; Mariyln Moreno, 4004 Shadycrest; Ronald C. Richards, DDS, 4015
Longherridge; Pattie Boyles, 4016 Shadycrest; AI Raska, 2107 Sprite Ln; Jim Johnson,
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2004 W. Mary's Creek; Kelly Hammons, 1301 Rustic Lane; Misty Yarneau; Carol Ritter,
3511 Longherridge; Samuel Sahagian, 2104 Sprite; Lee Ann and RJ Strickling, 2106
Sprite Ln.; Joyce Estopinal; and Foster Fouheaux, 2102 W. Mary's Creek.
Councilmember Beckman stated that she felt this would be a good development for the
area.
The other Councilmembers had concerns regarding the high density of population that this
land use change would allow.
There was considerable discussion among the Council regarding this matter.
Mayor Reid called for the vote.
Voting "Aye" Councilmember Beckman.
Voting "No" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Motion Failed 4 to 1.
Mayor Reid called for a short recess at 8:55 p.m. for a short recess.
Mayor Reid called the meeting back to order at 9:08 p.m.
Mayor Reid with concurrence of Council moved to the Executive Session on the Agenda.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 9:10 p.m. to
discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 - CONSULTATION WITH THE CITY ATTORNEY
REGARDING THE POTENTIAL SETTLEMENT IN THE PAUL
GROHMAN LAWSUIT AGAINST THE CITY OF PEARLAND.
NEW BUSINESS:
Council returned from Executive Session at 9:34 p.m.
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05
21. CONSIDERATION AND POSSIBLE
POTENTIAL SETTLEMENT OF THE
AGAINST THE CITY OF PEARLAND.
ACTION - REGARDING THE
PAUL GROHMAN LAWSUIT
Councilmember Berger made the motion, seconded by Mayor Pro -Tem Wilkins, to
approve the settlement between the City of Pearland and Paul Grohman as negotiated
and specified in the Release of Contract Settlement Document.
Councilmember Beckman stated the she feels that there is some things that concerns
her, and she wanted to express them at this time. Councilmember Beckman said that
she will support this, and she is looking forward to going forward. However, she feels
that there are some things she must say. She feels that Paul Grohman was done a dis-
service by gagging him, which is what was done, essentially. He was never allowed to
speak in his own defense or to give his point of view. He was asked to stop writing his
article and also told not to speak to the press; he, being the City Manager, was the
appropriate person to do that. In a letter that was sent to Mr. Grohman, which she
signed as well as everybody else, she did not completely agree with, but was looking
forward to moving ahead. And in the sense of compromise and cooperation, she signed
the letter. She stated that one of the things in the letter is that Mr. Grohman is
argumentative, and does not take criticism. She continued to say that at his evaluation
he did not answer anything that was said that was negative, because he was afraid of
being considered argumentative, and not being able to take criticism. Councilmember
Beckman further stated that Paul Grohman is no angel, neither is she, nor any of the
Council; nobody is perfect. Everyone can make mistakes, and we can all stand to
improve. She does not feel that the Council gave him a fair chance, and some positive
things need to be said. Things that have been said, even by City Staff, who seem to
enjoy working with Paul Grohman. He has been called innovative, visionary,
enthusiastic, and "sometime that was interpreted as bragging", but he was very
enthusiastic about the City of Pearland; he was dedicated to the City of Pearland. She
also said she considers him a "problem solver"; some people consider him a "problem
creator". Councilmember Beckman also stated that she thinks it is impossible for a
City Manager to operate a city in such a way to make everyone happy, and the next
City Manager will not make everybody happy either. She said that she did not always
agree with Paul Grohman, but she must say, when she did talked to him about things
they did not always agree. If he felt strongly about it he would discuss it. He always
had time to meet with her. She feels that at some point, someone has to speak in
defense of Paul Grohman as the very good City Manager that he was. She wanted to
go on record as saying those things. She closed by stating that is her opinion; "take it"
or "leave it". She further addressed Council and said each one of you have your own
opinion, and you are able to say whatever you want to say. We have a freedom of
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1,00
speech here in the United States. "God Bless America", and she wants it to stay that
way. Councilmember Beckman thanked Council for the opportunity to allow her to
speak.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
Mayor Reid with concurrence of Council moved to the Consent Agenda.
CONSENT AGENDA:
Mayor Reid asked Council if they would like to remove anything from the Consent Agenda.
Councilmember Tetens asked that Consent Agenda item # A. CONSIDERATION AND
POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-240 be
moved to Matters Removed from the Consent Agenda.
B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-245 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 117.6207 AC. PARCEL
BEING ALL OF LOTS 23 THROUGH 28, AND A PORTION OF LOTS
21, & 31 THROUGH 36, SUBURBAN GARDENS SUBDIVISION,
SECT. 85, HT & B RR CO. SURVEY, A-304, AS RECORDED IN
VOL. 2, PG. 107-108, PLAT RECORDS OF BRAZORIA CO., TX
(APPLICATION NO. 363) (CORNER OF CR 93 & CR 403) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-3) AT THE REQUEST OF JOHN
N. TAYLOR, AGENT, THE RITSON MORRIS CORPORATION,
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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C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-246 - 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 LOTS 1 & 2, BLK. 1, WAGON
WHEEL ADDITION, HT & B RR CO. SURVEY, SECT. 14, A-509,
ACCORDING TO THE MAP RECORDED IN VOL. 8, PG. 79, PLAT
RECORDS OF BRAZORIA CO., TX (APPLICATION NO. 478)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO
SINGLE FAMILY DWELLING DISTRICT (R-2) AT THE REQUEST OF
FRANK J. MILLER, 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. 509-247 - 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. 344, 365, 366) 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 Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to
approve Ordinance Nos. 509-245, 509-246, and 509-247 on their second and final reading
as presented on the Consent Agenda.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
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Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA
A. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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 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 Mayor Pro -Tem Wilkins, to table
Ordinance No. 509-236.
There. was lengthy discussion among the Council and Staff regarding this proposed land
use change. It was also questioned whether or not the Land Use Ordinance could be
amended to allow for mini -storage buildings under certain land use classifications. This
item was tabled for further study.
Voting "Aye" Councilmembers Tetens, Wilkins, Berger, and Seeger.
Voting "No" Councilmember Beckman.
Motion Passed 4 to 1.
NEW BUSINESS:
FIRST AND ONLY READING OF ORDINANCE NO. 883 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING IN ITS ENTIRETY, CITY
OF PEARLAND ORDINANCE NO. 861, WHICH GRANTED CONSENT TO THE
CREATION OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 18, AS IT
MAY HAVE BEEN, FROM TIME TO TIME AMENDED.
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Councilmember Berger made the motion, seconded by Mayor Pro -Tem Wilkins to approve
Ordinance No. 883 on its first and only reading.
City Attorney, Darrin Coker, stated that Agenda Items 1 and 2 deal with an In -City Mud.
There are some procedural corrections that need to be made in order for this to meet all
of the State requirements. This Ordinance repeals the creation of MUD No. 18, and the
next Ordinance, with the correction will be for the creation of MUD No. 18.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 884 - AN ORDINANCE GRANTING
THE CONSENT OF THE CITY OF PEARLAND, TEXAS, TO THE CREATION OF
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 18 WITHIN THE CITY'S
CORPORATE BOUNDARIES.
Councilmember Seeger made the motion, seconded by Councilmember Berger, to
approve Ordinance No.884 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 - REGARDING AN APPLICATION FROM SHADYCREST BAPTIST
CHURCH TO MOVE IN A TEMPORARY OFFICE FACILITY TO BE LOCATED AT 3214
HAMM ROAD.
Councilmember Beckman, made the motion, seconded by Mayor Pro -Tem Wilkins, to
approve the application from Shadycrest Baptist Church to move in a temporary office
facility to be located at 3214 Hamm Road for a period of six (6) months.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion Passed 5 to 0
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9;A
COUNCIL ACTION MOTION TO REMOVE FROM THE TABLE, FIRST READING OF
ORDINANCE NO. 509-244.
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
remove Ordinance No. 509-244 from the table.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-244 - 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 28, 9.924 ACRES OUT OF THE ALLISON
RICHEY GULF COAST HOME CO. SUBDIVISION, SECT. 9, HT & B RR CO. SURVEY,
A-234, PLAT RECORDS OF BRAZORIA CO., VOL. 2, PGS. 23 & 24 BRAZORIA CO.,
TX (14435 MAX ROAD)(APPLICATION NO. 390) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF
CHARLES EASON, AGENT, CHEROTECH INC., 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. 509-244 (Application No. 390) on its first reading.
Mayor Reid, read into the record, the Planning & Zoning Commission's recommendation
to approve Application No. 390.
Jim Huddleston, President of Cherotech, addressed Council and said that he is the owner
of the property and has a contract to sell it. This property has gone through substantial
remeditation, and now meets Class I unrestricted property. The possible new owner is
F.W. Garner, (a rental company) that has interest in the coating and engineering field. Mr.
Huddleston further stated that he encourages positive consideration of this property
because F.W. Garner will be a good neighbor.
Planning and Development Director, Dennis Smith, reviewed the updated map regarding
properties around this location with the Council.
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Councilmember Tetens stated that it is very poor planning, if this is zoned M-1. It is in an
area that is the other side of Albertson's which is vacant land that, and will eventually be
developed into residential. He said it would be spot zoning to allow an industrial zone in
the middle of this area, and does not show good planning on the Council's part.
Voting "Aye" Councilmember Seeger.
Voting "No" Councilmembers Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion Failed 4 to 1.
City Attorney, Darrin Coker, advised Council that Ordinance Nos. 880, 881, and 882
could be considered at the same time.
FIRST READING OF ORDINANCE NO. 880 - AN ORDINANCE EXTENDING THE CITY
LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN
CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND
ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (BRAZORIA COUNTY
WEST OF STATE HIGHWAY 288); APPROVING A SERVICE PLAN FOR ALL OF THE
AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS
RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY
CLAUSE.
FIRST READING OF ORDINANCE NO. 881 - AN ORDINANCE EXTENDING THE CITY
LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN
CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND
ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (CULLEN BOULEVARD
AREA); APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS
AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT;
AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE.
FIRST READING OF ORDINANCE NO. 882 - AN ORDINANCE EXTENDING THE CITY
LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN
CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND
ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (FORT BEND AND
HARRIS COUNTIES EAST OF FM 521); APPROVING A SERVICE PLAN FOR ALL OF
THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER
PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND
SEVERABILITY CLAUSE.
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Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 880, Ordinance No. 881 and Ordinance No. 882 on their first
reading.
Sr. Project Manager, Alan Mueller, stated that all of the State procedures have been met,
as far as publishing the legal notices and holding the public hearings. Ordinance Nos. 880
and 882 are the large vacant areas that are west of Highway 288, and Ordinance No. 881
is the area that is north of 518 along both sides of Cullen Blvd.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 872 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF THE
EXISTING SIGN, FENCE, AND PARKING LOT LOCATED WITHIN A CERTAIN TRACT
OF LAND, WHICH INCLUDES A 0.430 ACRE TRACT DESCRIBED IN THE H. T. & B. R.
R. COMPANY SURVEY, ABSTRACT NO. 239 IN BRAZORIA COUNTY, TEXAS.
Councilmember Berger made the motion, seconded by Mayor Pro -Tem Wilkins, to
approve Ordinance No. 872 on its first reading.
Sr. Project Manager, Alan Mueller, presented the location of the encroachment to
Council. It is on Veterans Boulevard and the name of the business is Gate Concrete
Products. The items of encroachment will remain until the City needs the right-of-way, at
which time it will be the City's responsibility to move the obstructions.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R98-65 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH
BRAZORIA DRAINAGE DISTRICT NO. 4 TO COOPERATE IN THE REPAIR OF THE
McLEAN ROAD BRIDGE AT MARY'S CREEK WITHIN THE CORPORATE CITY LIMITS
OF PEARLAND.
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Councilmember Seeger made the motion, seconded by Councilmember Tetens, to
'—' approve Resolution No. R98-65.
Public Works Director, Jerry Burns, stated that this a short term joint project. During the
inspection of the bridge it was discovered that one of the struts is in need of repair, and
the City is responsible for the roadway on top of the bridge. The City will remove the
roadway on the bridge, and after the bridge is repaired, the City will replace it again. Since
this project involves the City and County, it is necessary to have an interlocal agreement,
and he recommended the approval of the resolution.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - AWARD OF BID NO. B98-064 FOR THE OFFICIAL NEWSPAPER
FOR THE CITY OF PEARLAND.
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
award Bid No. B98-064 for the Official Newspaper for the City of Pearland to The.
Pearland Reporter News.
Purchasing Officer, Gordon Island, reviewed the bids received for the City's Official
Newspaper, and recommended that Bid No. B98-064 be awarded to The Pearland
Reporter News.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion passed 5 to 0.
COUNCIL ACTION - AWARD OF BID NO. B98-063 FOR THERE -PLASTERING OF THE
SWIMMING POOL.
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
reject the bids for Bid No. B98-063 for the re -plastering of the swimming pool and wait
for staff to make a recommendation on the work that needs to be done, which may entail
more than just the resurfacing.
Parks and Recreation Director, Ed Hersh, reviewed the bids received for the re -plastering
of the 50 meter section of the pool floor. Mr. Hersh further stated that since the bid
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recommendation was put together, they have learned about a lot more problems regarding
the swimming pool. He wants Council to know about the other problems before having the
re -plastering done, because it may affect how the Council wants the staff to proceed. He
also said that the filtration system is in need of major repair, and there is major leak in the
main drain in the deep end of the pool. We would not want to re -plaster the pool and then
have to do some major repairs.
Mayor Pro -Tem Wilkins asked if Mr. Hersh had an idea of about how much it would cost
to make the repairs.
Mr. Hersh stated that the filter renovation would be a little over $18,000. The testing on the
leaks is about $5,000, and then depending on the damage it could be in the range of
$10,000 to $75,000. It is conceivable that we could be looking at $100,000 to $150,000
in repair work, including the re -plastering. However, this is just a "ball park" figure, and we
will not know until we get into it.
Interim City Manager, Glen Erwin, stated that he worked on the pool 6'/2 years ago when
they had the major problem on the deep end. The deep ends sits almost on top of water
sands, and it is very unstable. It is his recommendation at this time not to award the bid
until we have a better idea of the magnitude of the repairs that are going to be needed.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion passed 5 to 0.
Mayor Reid stated since these are companion items they could be acted on together.
COUNCIL ACTION - RESOLUTION NO. R98-63 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, URGING THE INTRODUCTION,
SUPPORT AND PASSAGE OF A BILL WHICH WILL AMEND THE TRANSPORTATION
CODE, TITLE 7, VEHICLES AND TRAFFIC, SUBTITLE A, CERTIFICATES OF TITLEAND
REGISTRATION OF VEHICLES, CHAPTER 502, REGISTRATION OF VEHICLES,
SUBCHAPTER A, GENERAL PROVISIONS, TO PROVIDE FOR THE AUTHORITY OF
LOCAL RABIES CONTROL AUTHORITIES OR THEIR DESIGNEES TO OBTAIN OWNER
INFORMATION, SUCH ACTION BEING NECESSARY TO ENHANCE RABIES CONTROL
AND ANIMAL CRUELTY PREVENTION EFFORTS.
COUNCIL ACTION - RESOLUTION NO. R98-64 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, URGING THE TEXAS MUNICIPAL
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215
LEAGUE TO SEEK INTRODUCTION AND PASSAGE OF A BILL WHICH WILL AMEND
THE HEALTH AND SAFETY CODE, TITLE 10, HEALTH AND SAFETY OF AN/MALS,
CHAPTER 826, RABIES, 'TO PROVIDE FOR THE AUTHORITY OF LOCAL RABIES
CONTROL AUTHORITIES OR THEIR DESIGNEES TO RABIES VACCINATE ANIMALS
UNDER THEIR CONTROL, SUCH ACTION BEING NECESSARY TO ENHANCE RABIES
CONTROL AND PREVENTION EFFORTS IN COOPERATION WITH TEXAS
DEPARTMENT OF HEALTH ZOONOSIS CONTROL PROGRAMS.
Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R98-63 and Resolution No. R98-64.
The two resolutions were discussed by the City Attorney, Staff, and Council.
Mayor Reid stated that the City traditionally does not get involved in resolutions supporting
any position of new legislation.
Mayor Reid called for a vote on Resolution No. R98-63.
Voting "Aye" None.
Voting "No" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Motion Failed 5 to 0.
Mayor Reid called for a vote on Resolution No. R98 -64 -
Voting "Aye" None.
Voting "No" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Motion Failed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 879 - 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 CREST DRIVE IN
A NORTHWESTERLY DIRECTION AT ITS INTERSECTION WITH DIXIE FARM ROAD,
UPON PINE CHASE DRIVE IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH
PINE CREST DRIVE, UPON PINE CHASE DRIVE IN A NORTHERLY DIRECTION AT ITS
INTERSECTION WITH PINE CREST DRIVE, UPON PINE BARK COURT IN A
NORTHEASTERLY DIRECTION AT ITS INTERSECTION WITH PINE CREST DRIVE,
UPON REISER COURT IN A SOUTHEASTERLY DIRECTION AT ITS INTERSECTION
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1
WITH PINE BRANCH DRIVE (PINEHOLLOWESTATES); 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. 879 on its first and only reading.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-249 - 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. 358, 359, 440, &482)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT
INDUSTRIAL DISTRICT (M-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 Seeger made the motion, seconded by Councilmember Berger, to
approve Ordinance No. 509-249 (Application Nos. 358, 359, 440, & 482) on their first
reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application Nos. 358, 359, 440, & 482) .
Planning and Development Director, Dennis Smith, stated that these lots have existing
businesses on them and they adjoin lots that are residential; and said there is some
concern from Planning and Zoning Commission because of this.
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1:17
Councilmember Tetens stated that zoning these four lots is a real good example of spot
zoning.
Councilmember Berger stated that this is residential areas with M -1s in it.
Mayor Reid said if we leave it like it is, they will be grandfathered, and they could maintain
the business they have. Mayor Reid asked, if in the future the staff would only combine the
classification of R-1 applications, and not any others so they could be considered at
separately.
Voting "Aye" None.
Voting "No" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Motion Failed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-250 -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. 362 & 451) FROM
`— CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS
DISTRICT (GB) 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 Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to table
Ordinance No. 509-250 (Application Nos. 362 & 451) so the applications can be separated
and each one placed on a separate ordinance for consideration.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application Nos. 362 & 451).
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
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X18
FIRST READING OF ORDINANCE NO. 509-251 - 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 APPROXIMATELY 40.00 AC. OUT OF THE F.D.
DRAKE SURVEY, A-508, KNOWN AS LOTS 15A & 15B, ACCORDING TO THE PLAT
RECORDS OF BRAZORIA CO., TX (APPLICATION NO. 455) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT
THE REQUEST OF READ PARTNERS L.P. AND KITTY L. READ, OWNERS, PROVIDING
FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT.
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to deny
the approval of Ordinance No. 509-251 (Application No. 455) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 455.
Councilmember Beckman stated that she does not like us putting residential next to
manufacturing. This block of property is next to an M-2, and it would be better to extend
the industrial area.
There was additional discussion between the Mayor, Council, and Developer regarding
the proposed land use change.
Mayor Reid called for the vote on the motion to deny Ordinance No. 509-251.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-252 - 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. 348, 352, 353, 361,
392, 395, 436, 447, 458, 462, 465, 489,493,494,&497) FROM CLASSIFICATION
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x:19
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 Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to
approve Ordinance No. 509-252 (Application Nos. 348, 352, 353, 361, 392, 395, 436,
447, 458, 462, 465, 489, 493, 494, & 497) on their first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application Nos. 348, 352, 353, 361, 392, 395, 436, 447, 458, 462, 465, 489,
493, 494, & 497.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING AND
ZONING COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO. 287) AT THE
REQUEST OF JOHN E. WOOTEN, OWNER, FOR AN AMENDMENT TO THE LAND USE
AND URBAN DEVELOPMENT ORDINANCE OF SAID CITY CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO MOBILE HOME DISTRICT (MH) ON THE
FOLLOWING DESCRIBED PROPERTY BEING THE W 1/2 OF THE S 1/2 OF TRACT 29,
ALLISON RICHEY GULF COAST HOME SUBURBAN GARDENS SUBDIVISION, SECTION
85, H.T.&B.R.R. CO. SURVEY,, A-304, VOL 2, PAGE 107 OF PLAT RECORDS OF
BRAZORIA CO., TX (2007 WOOTEN ROAD).
Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Tetens, to
accept the recommendation of the Planning and Zoning Commission to deny Application
No. 287.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to deny Application No. 287.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
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nF'10
G.. i.
Motion Passed 5 to 0.
OTHER BUSINESS:
Meeting was adjourned at 11:16 p.m.
ADJOURNMENT
Minutes approved as submitted and/or corrected this the 23" day of November, A.D.,
1998.
ATTEST:
Tom Reid
Mayor
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