1998-11-23 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON NOVEMBER 23,1998, 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 Secretary
Young Lorfing
Absent: City Attorney Darrin Coker.
Others in attendance: Sr. Project Manager Alan Mueller; Police Chief Mike Hogg; City
Engineer John Hargrove; Planning and Development Director Dennis Smith; Director of
Finance David Castillo; Parks & Recreation Director Ed Hersh; Public Works Director Jerry
Bums; Emergency Management Coordinator David Smith; Utility Accounts Supervisor Missy
Miller.
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Police Chief Mike Hogg, and the Pledge of Allegiance was led
by Councilmember Berger.
APPROVAL OF MINUTES
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to approve
the minutes of the October 26, 1998 Joint Public Hearing held at 6:30 p.m., and the minutes
of the November 9, 1998 Regular Council Meeting held at 7:30 p.m.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
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MAYOR'S ACTIVITY REPORT:
Mayor Reid reported that on November 11 he attended the Veterans Day Ceremony and
Adult Reading Board Meeting; November 12 he attended a Chamber Ribbon Cutting for
three new businesses, Promotion Ceremony for Assistant Chief Spires and attended the
HGAC Home Rule Cities Meeting; November 13 he presented a program on Space for the
Chamber's "Good Morning Breakfast'; November 15 he attended Keep Pearland Beautiful
Recycle Rally and Program; November 16 he attended the County Tax Abatement
Committee Meeting, PTSD Education Improvement Committee Meeting, Gulf Coast Waste
Authority Monthly Meeting, Pearland State Bank Chamber Mixer and the 9"' and 10"' Grade
School Open House; November 17 he attended the Exchange Club's "One Nation Under
God Breakfast", met with the Alvin Independent School Board regarding the Shadow Creek
Ranch Project, PAID Bi -monthly Meeting, and attended the Brazoria County Cities
Association Meeting; November 19 Presented testimony before a Sunset Commission
(Chaired by Senator Buster Brown), Gulf Coast Water Authority Monthly Meeting and
attended Officer Matt Zepeda's Retirement Party; November 20, he attended the Chamber
Retreat and on November 23 he attended the 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 Mariager-Erwin passed on his report, also since the length of the Joint Public
Hearings caused the regular meeting to begin late.
CITIZEN'S:
John Lollis, 3014 S. Hatfield Rd. # C, addressed Council and stated that he has been in
Pearland since 1963. He said he received a letter changing his address, and he wanted
to protest. He further stated that on the 911 grid they have him on the wrong property, and
said he has an "A", "B", "C" and "D", and none of the other addressees are being changed.
He closed by stating that he wanted to protest the address change.
C.D. Anderson (Andy) Anderson, 3215 Jacquelyn, addressed Council regarding the
drainage ditch behind his house. He stated that the chunks of concrete is unsightly. The
children have moved enough concrete to construct a bridge across the ditch, and some of
them are throwing the chunks of concrete at his dogs. Mr. Anderson also stated that he
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does not like the mass of ugly concrete in his backyard, and suggested that the City contact
r-- the property owners before making any other changes that will effect them.
DOCKETED PUBLIC HEARING: None.
CONSENT AGENDA:
Mayor Reid asked Council if they would like to remove anything from the Consent Agenda.
No Items were removed from the Consent Agenda.
A. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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;
CONTAINII49 OTHER PROVISIONS RELATED TO THE SUBJECT;
AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE.
B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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.
C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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
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(APPLICATION NOS. 348, 352, 353, 361, 392, 395, 436, 447, 458,
462, 465, 489, 493, 494, & 497) 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 Nos. 881, 872, and 509-252 on their second and final reading as
presented on the Consent Agenda.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA
None.
NEW BUSINESS:
MOTION TO REMOVE FROM THE TABLE, SECOND AND FINAL READING OF
ORDINANCE NO. 509-236.
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
remove Ordinance No. 509-236 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. 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
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257
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 DATEAND OTHER PROVISIONS RELATED
TO THE SUBJECT.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to approve
Ordinance No. 509-236 (Application No. 282) on its second and final reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
approve Application No. 282.
Henry Whitt, 16011 Aubrell, addressed Council and stated that he owns six acres in an area
that was unrestricted until the City annexed it, a year ago. He further stated that he is asking
to be approved for commercial. It is his understanding that the land has to be re -zoned
before anything can be replaced or redone, and also stated currently he has storage
facilities on this property. It is his understanding that Council has twice tabled this item
twice before. Mr. Whitt said could understand if he lived in another part of town, but in this
area there is mobile home parks, abandoned green houses and other things similarto those
examples. He asked Council to take that into consideration when voting on his request
tonight.
Councilmember Tetens stated that he has talked to Mr. Whitt and he has been out and
looked at the property. He said that he feels that it is poor planning to put commercial in a
residential areas. This is what the City runs into when annexing areas with existing
businesses like Mr. Whitt has an we really do not have place to put them that really fits the
land use. This is not the only property that we have like this, it is all over the newly annexed
areas. Councilmember Tetens also stated that it is not Mr. Whiff's fault he has a nice
operation there and has a nice business. It is the City's fault for not amending the Zoning
Ordinance and looking at the newly annexed areas, and for this reason he probably would
not be supporting this change.
Councilmember Beckman stated that this area is not totally residential. She further stated
that she would not normally support putting commercial in an area like this. However, this
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is a situation that already exist. Councilmember Beckman also stated that if this was not
approved it would be punishing a citizen. Unfortunately this is the only zone that will work,
and he has a really nice facility. She said she agrees with Councilmember Tetens that we
need to get on with the Comprehensive Plan to allow for situations like this..
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Beckman.
Voting "No" Councilmember Tetens.
Motion Passed 4 to 1.
COUNCIL ACTION - RESOLUTION NO. R98-67 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE AGREEMENT FOR
PROFESSIONAL SERVICES BETWEEN THE CITY OF PEARLAND ECONOMIC
DEVELOPMENT CORPORATION AND THE PEARLAND/HOBBY AREA CHAMBER OF
COMMERCE.
Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Tetens, to approve
Resolution No. R98-67.
Mayor Reid stated that this part of an upgrade and reevaluation of the agreements that the
Pearland Economic Development Corporation had with the Chamber of Commerce. He
stated that he worked on the committee regarding this particular issue with the PEDC. Both
entities have had workshops on this matter.
Councilmember Berger stated that he had talked to Mrs. Stevener, Chairperson for the
Chamber and got her comments and both entities are satisfied with it.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R98-68 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING
TIMES AND DATES FOR DECEMBER, 1998, DUE TO THE HOLIDAY SEASON.
Councilmember Berger made the motion, seconded by Mayor Pro -Tem Wilkins, to approve
Resolution No. R98-68.
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259
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R98-69 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO EXECUTE A CONTRACT BY AND BETWEEN A PUBLIC
NEWSPAPER OF GENERAL CIRCULATION IN THE CITY, AND THE CITY OF
PEARLAND, FOR THE PURPOSE OF PROVIDING PUBLICATION OF ALL LEGAL
NOTICES FOR A TERM OF ONE YEAR, AS THE OFFICIAL NEWSPAPER OF THE CITY,
PURSUANT TO THE CITY OF PEARLAND CHARTER.
Councilmember Seeger made the motion, seconded by Councilmember Berger, to approve
Resolution No. R98-69.
Purchasing Officer Gordon Island stated that the bid was awarded at the last regular council
meeting to the Reporter Newspaper in the amount of $.40 per line for each insertion. It is
a requirement of the Charter to adopt the Official City Newspaper by resolution.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R98-70 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE CITY'S
PARTICIPATION IN THE GALVESTON COUNTY NARCOTICS TASK FORCE;
AUTHORIZING THE MAYOR OR HIS DESIGNEE TO EXECUTE DOCUMENTS
NECESSARY TO FACILITATE GALVESTON COUNTY'S GRANT APPLICATION TO THE
CRIMINAL JUSTICE DIVISION OF THE GOVERNOR'S OFFICE; AND SETTING FORTH
OTHER PROVISIONS RELATED THERETO.
Councilmember _Beckman made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R98-70.
Police Chief Mike Hogg stated that this is a renewal of the grant. It totally pays for the officer
Page 7 of 20 - 11/23
and benefits. The City supplies a vehicle and gas. Chief Hogg further that Officer Kelly
Carson is assigned to the Task Force and is current using a confiscated vehicle.
He also stated that he serves on the Task Force Board of Directors and is satisfied with the
program, and recommends the adoption of the resolution.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R98-71 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO EXECUTE ANY DOCUMENTS NECESSARY TO COMPLETE THE
TRANSFER OF THE SOMERSETSHIRE CERTIFICATE OF CONVENIENCE AND
NECESSITY TO THE CITY OF PEARLAND.
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
approve Resolution No. R98 -71 -
Sr. Project Manager Alan Mueller gave presentation of the location which is King Arthur
Court, Excalibur Court, Camelot Court and Avalon Court collectively known as Somerset
Estates. There is approximately 90 residential units primary mobile homes, some stick built.
This area was annexed in February of 1998. The City was approached by the owner of the
water and wastewater system, Mr. Norman in January of the year that the annexation was
pending he was having problems with his operator. He asked the City if we would operate
the system and work toward purchasing the system in the long run. In. April it was agreed
upon subject Council's and TNRCC's approval to buyout the assets for $20,000. In August
the application was submitted to TNRCC for the transfer of the Certificate of Convenience
and Necessity. In later August we received notice that the transfer was approved and there
was not a need for a Public Hearing. In order to complete the transfer they are needing
formal action ratifying the agreement before they would transfer the "CCN" to the City of
Pearland. It is a suggestion to take the money out of the Bond or Certificate of Obligation
Funds to fund this project. There are future improvement that need to be made, currently
none of the connections are metered causing some problems, meter ought to help relieve
this situation.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Page 8 of 20 - 11/23
Motion Passed 5 to 0.
psi
COUNCIL ACTION - RESOLUTION NO. R98-72 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONSENTING TO THE CITY'S
PARTICIPATION IN THE PROPOSED BRAZORIA COUNTY RURAL FIRE PREVENTION
DISTRICT NO. 1.
Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Tetens, to approve
Resolution No. R98-72.
Paul Jamison, Fire Chief, addressed Council and stated that he is in support of this
resolution.
There was additional discussion among the Council regarding the proposed fire district.
The passage of the resolution will allow the voters to decide whether or not to be part of a
Rural Fire Prevention District. If approved the district could tax up to three cents per $100
in property value. There would be a board appointed by Brazoria County Commissioner's
Court and they would have the authority to distribute the funds to the various participants
of the district for equipment.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
I' Voting "No" None.
Motion Passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 885 -AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF
A 20'X 72' CARPORT INTO AN ALLEYWAY AND SEWER EASEMENT LOCATED AT
2403 MAIN STREET, LOTS 45, 46, 47, 48, BLOCK 21, OLD TOWN SITE, IN THE CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS; AND DECLARING AN EMERGENCY
BECAUSE THE NEED FOR SAID WAIVER INURES TO THE BENEFIT OF THE
CITIZENRY AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND
WELFARE OF THE PUBLIC.
Councilmember Berger made the motion, seconded by Councilmember Tetens to table
Ordinance No. 885 so the City Attorney Darrin Coker and Chief Building Inspector Gene
Tumlinson can work on this item.
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62
Arlin Pat O'Day, Garden Road, addressed Council regarding the alleys in the City. He gave
the different dimensions of the alleys in the "Old Townsite". He stated that he would hate
to see someone build on the twenty foot easement behind his place. Mr. O'Day thanked
Council for allowing him to speak.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 886 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE AN EXCHANGE OF LAND IN ACCORDANCE WITH
CHAPTER 272.001 OF THE LOCAL GOVERNMENT CODE; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE.
Councilmember Seeger made the motion, seconded by Councilmember Berger, to approve
Ordinance No. 886 on its first reading.
Sr. Project Manager, Alan Mueller, presented the location of the property that is being
considered. The property is located at the dead end of Magnolia. We are in the process of
obtaining right of way on the south side of Magnolia Road for the future expansion of
Magnolia, but for the more current use for a trunk sewer main that will be going to the
Southwest Environmental Center. The property owners requested the exchange of property
that the City is needing. This would be a straight property exchange, even for even, we
would have some closing charges. This ordinance .will for formalize the transfer.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 887 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, ADOPTING A GENERAL LAND USE PLAN FOR
PROPERTY TO THE WEST OF .STATE HIGHWAY 288, TO THE EAST OF FARM TO
MARKET ROAD 521, TO THE NORTH OF COUNTY ROAD 92, AND TO THE SOUTH OF
CLEAR CREEK, FOR A DEVELOPMENT KNOWN AS SHADOW CREEK RANCH;
CONTAINING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING
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AN EFFECTIVE DATE.
263
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 887 on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
approve this General Land Use Plan.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION -AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO HIRE
AN INDEPENDENT INVESTIGATOR FOR THE PURPOSE OF REVIEWING ALL
CONTRACTS, BIDS, REAL ESTATE TRANSACTIONS, ACCOUNTING ENTRIES,
BUDGETS, INVESTMENTS AND OTHER FINANCIAL MATTERS OF THE CITY OF
PEARLAND WHICH OCCURRED DURING THE LAST SIX YEARS.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to
authorize the City Manager or his designee to hire an Independent Investigator for the
purpose of reviewing all contracts, bids, real estate transaction, accounting entries, budgets,
investments and other financial matter of the City of Pearland which occurred during the last
six years.
Councilmember Tetens asked what is the purpose of this action and what do we hope to
gain from this.
Councilmember Berger stated that the general purpose is the City operations is going to be
turned over to a new City Manager eventually. There has been a lot of questions and
concerns about some of the transactions that have been done. This would give a "knowing
situation" of the City, so that there will not be any surprises later on. The audit is being done
this will be and the new person coming in will know the status of the City.
Councilmember Tetens asked what the cost is going to be.
Mayor Reid also asked if there is any type of estimate on what this will cost.
Interim City Manager Glen Erwin stated that he has done some checking today and has not
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'64
received any cost as of today. It depends on what type of investigation that is requested and
the type of professional that is needed to do this.
Councilmember Beckman stated that she does not believe that this is the usual procedure
at the time of hiring of a new City Manager. It does appear that the cost will be quite a bit
in addition to an ordinary audit. She further stated that if we are going to proceed with this
there ought to be a good reason for doing so.
Mayor Reid stated if we do not have'the cost we may need to move this to the next agenda,
it may be premature.
Mayor Pro -Tem Wilkins stated that he is in support of this and feels that we owe who ever
is coming in a situation where everything has been checked out. We are pointing the finger,
we are issuing any concerns here. Whoever becomes the City Manager we need to do this
for his or her benefit.
Councilmember Tetens stated that he feels it is a waste of taxpayer's money. If a new City
Manager is hired and feels that there is something that is not right, he would be for it.
Councilmember Seeger stated that this is in response to a fair amount of complaints and
input of citizens that feel that there has been fairly uneven treatment in various dealings of
the City.
Councilmember Beckman asked for specifics. She said she does not know if this is really
a good thing to do.
Councilmember Seeger stated that he feels that it is. This will help produce some type of
unified procedure or practice if that is what we need.
Mayor Reid asked if this is approved tonight will any other Council action be needed.
Interim City Manager, Glen Erwin, stated that item gives the City Manager instructions to
go ahead and hire an independent auditor. He further stated that he would inform Council
of his action.
Councilmember Beckman further stated if there is a good reason for it she would want to
do it and if not she is not for it.
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
table this item until they know specifically how much it is going to cost.
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�s
Voting "Aye" Councilmembers Beckman, and Tetens.
Voting "No" Councilmembers Seeger, Berger, and Wilkins.
Motion failed 3 to 2.
Mayor Reid asked if there is a time frame that it has to be approved by Council. He further
asked if the Interim City Manager could get some idea of what this would cost.
Interim City Manager Glen Erwin stated that the cost could be developed.
Mayor Reid called for the vote on the original motion.
Voting "Aye" Councilmembers Seeger, Berger, and Wilkins.
Voting "No" Councilmembers Beckman, and Tetens.
Motion Passed 3 to 2.
FIRST READING OF ORDINANCE NO. 509-253 - 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 11 & 12, BLK. 7, HICKORY CREEK PLACE
SUBDIVISION, OUT OF THE HT & B RR CO. SURVEY, A-219, ACCORDING TO THE
PLAT RECORDS, VOL. 11, PG. 1, BRAZORIA CO., TX (APPLICATION NO. 362)
(CORNER .OF O'DAY RD. & OLIN DR.) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF
LEON H. AND PAULA K. PAYNE, OWNERS, PROVIDING FOR AN AMENDMENT OF
THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE
SUBJECT.
Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Berger, to approve
Ordinance No. 509-253 (Application No. 362) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
approve Application No. 362.
Councilmember Tetens stated that there is a lot of real nice residential property in this area.
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66
There is already a shop in this area. He further stated that this is another one of areas
where we are really getting into real trouble with our annexation and zoning ordinance.
Councilmember Tetens said he feels it is a good use for the property, but it does not fit.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-254 - 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 45 OF THE HT & B RR CO. SURVEY, SECT.
20, A-506, ACCORDING TO THE PLAT RECORDS OF BRAZORIA CO., TX
(APPLICATION NO. 451) (8603 W. BROADWAY) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF
JAMES 0. WINSTON IV, 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 approve
Ordinance No. 509-254 (Application No. 451) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
approve Application No. 451.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509- 255 - 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 4.16 ACRE TRACT OUT OF THE HT & B RR CO.
SURVEY, A-304, ACCORDING TO THE PLAT RECORDS OF BRAZORIA CO., TX
Page 14 of 20 -11 /23
(APPLICATION NO. 419) FROM THE CLASSIFICATION OF SUBURBAN
DEVELOPMENT DISTRICT (SD) TO COMMERCIAL (C) AT THE REQUEST OF E.
MAURIS HARDCASTLE, AGENT, PALM PROPERTIES, OWNER, PROVIDING FOR AN
AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED
TO THE SUBJECT.
Councilmember Seeger made the motion, seconded by Councilmember Berger, to approve
Ordinance No. 509-255 (Application No. 419) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
approve Application No. 419.
Voting "Aye" Councilmembers Beckman, Wilkins, Berger, and Seeger.
Voting "No" Councilmember Tetens.
Motion Passed 4 to 1.
FIRST READING OF ORDINANCE NO. 509-256 - 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 1.1404 ACRE TRACT OUT OF A 2.27 ACRE TRACT
OUT OF LOT 9, THE NE 1/4 OF THE SE 1/4 OF SECT. 14, HT & B RR CO. SURVEY, A-
509, PLAT RECORDS OF BRAZORIA CO., TX (APPLICATION NO. 505) (6319
COTTONWOOD) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT
DISTRICT (SD) TO COMMERCIAL (C) AT THE REQUEST OF DAVID WAYNE AND IVY
DALE WILSON, 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 Berger, to
approve Ordinance No. 509-256 (Application No. 505) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
approve Application No. 505.
Voting "Aye" None.
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Voting "No" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Motion Failed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-257 - 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 TRACT 1 A 100' X 305' TRACT, TRACT 2 A 125' X
305' TRACT, & TRACT 3 A 100' X 305' TRACT, BEING APPROXIMATELY 4.6 ACRES
OUT OF LOT 8, & BEING THE SE 1/4 OF THE NW 1/4 OF THE HT & B RR CO. SURVEY,
SECT. 14, A-509, PLAT RECORDS OF BRAZORIA CO., TX (APPLICATION NO. 495)
(6315 #1 BECKEY LANE) FROM THE CLASSIFICATION OF SUBURBAN
DEVELOPMENT DISTRICT (SD) TO MOBILE HOME DISTRICT (MH) AT THE REQUEST
OF D. JUNIOR AND ANN WESTMORELAND, OWNERS, PROVIDING FOR AN
AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AN EFFECTIVE DATEAND OTHER PROVISIONS RELATED
TO THE SUBJECT.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to deny
Ordinance No. 509-257 (Application No. 495) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
approve Application No. 495.
Councilmember Tetens stated that if the dimensions as shown on the lot are true it is a total
of 4.6 acres. It is more about 2.28 acres is not enough for a Mobile Home Park. Our
ordinance call for a minimum of 3 acres for a Mobile Home Park.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-258 - 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 80.0 ACRES, AKS LOT 13 A-13,
Page 16 of 20 - 11/23
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F. B. DRAKE SURVEY, A-509, ACCORDING TO THE PLAT RECORDS OF BRAZORIA
CO., TX (APPLICATION NO. 491) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
(SD) TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT THE REQUEST OF E. MAURIS
HARDCASTLE, AGENT, THOMAS E. PHALEN, OWNER, PROVIDING FOR AN
AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AN EFFECTIVE DATEAND OTHER PROVISIONS RELATED
TO THE SUBJECT.
Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Berger, to approve
Ordinance No. 509-258 (Application No. 491) on its first reading..
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
approve Application No. 491.
Voting "Aye" Councilmembers Seeger, Tetens, and Beckman.
Voting "No" Councilmembers Wilkins, and Berger.
Voting "No" None.
Motion Passed 3 to 2.
FIRST READING OF ORDINANCE NO. 509-259 - 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 27.3301 ACRE TRACT OF LAND BEING LOT 48,
LOT 58 AND PART OF LOT 49, OF THE ALLISON-RICHEY GULF COAST HOME
COMPANY SUBDIVISION OF SECTION 85, OF THE HT & B RR CO. SURVEY,
ABSTRACT 304, BRAZORIA CO., TX AND BEING 79.5241 ACRES OUT OF THE JOHN
W. MAXCY SURVEY, ABSTRACT 721, AND BEING PART OF AND OUT OFA 208.1008
ACRE TRACT AS DESCRIBED BY DEED RECORDED IN VOL. 1107, PG. 859 OF THE
DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 430) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-3) AT.THE REQUEST OF KEN CAFFEY, AGENT, SUNLAKE LIMITED,
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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Councilmember Berger made the motion, seconded by Mayor Pro -Tem Wilkins, to approve
Ordinance No. 509-259 (Application No. 430) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
approve Application No. 430.
Clinton Wong, 7676 Woodway, addressed Council and gave an overview of the
development for this area.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-260 - 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 4.71 ACRE TRACT OUT OF THE HT & B RR CO.
SURVEY, SECT. 85, A-304, ACCORDING TO THE PLAT RECORDS OF BRAZORIA CO.,
TX (APPLICATION NO. 420) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF E. MAURIS
HARDCASTLE, AGENT, FOR PALM PROPERTIES, OWNER, PROVIDING FOR AN
AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED
TO THE SUBJECT.
Councilmember Seeger made the motion, seconded by Councilmember Berger, to approve
Ordinance No. 509-260 (Application No. 420) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
approve Application No. 420.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
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FIRST READING OF ORDINANCE NO. 509- 261 - AN ORDINANCE OF THE CITY
r1 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 NO'S. 305, 333, 422, 461,
463, 473, 474, 475, 479, 480, 488, 508, & 511) 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. 509-261 (Application Nos. 305, 333, 422, 461, 463, 473, 474, 475,
479, 480, 488, 508, & 511) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
approve Application Nos. 305, 333, 422, 461, 463, 473, 474, 475, 479, 480, 488, 508, &
511.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 9:50 p.m. to -
discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.072 - DISCUSSION REGARDING ACQUISITION OF
REAL PROPERTY FOR THE CREATION OF ROAD RIGHT-OF-
WAYS AND UTILITY EASEMENTS.
NEW BUSINESS (CONTINUED):
Page 19 of 20 - 11/23
Council returned from Executive Session at 10:06 p.m.
COUNCIL ACTION - ADDITIONAL DIRECTION TO STAFF REGARDING ACQUISITION
OF REAL PROPERTY FOR THE CREATION OF ROAD RIGHT-OF-WAYS AND UTILITY
EASEMENTS.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to direct
the City Manager to proceed with the acquisition of real property for the creation of road
right of ways and utility easements.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS:
Meeting was adjourned at 10:08 p.m.
ADJOURNMENT
Minutes approved as submitted and/or corrected this the 14" day of December, A.D.,
1998.
ATTEST:
Tom Reid
Mayor
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