1998-12-14 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON DECEMBER 14,1998, AT 7:15 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 Manager
City Attorney
City Secretary
Tom Reid
Larry Wilkins
Helen Beckman
Richard Tetens
William Berger
Klaus Seeger
Glen Erwin
Damn Coker
Young Lorfing
Others in attendance: Sr. Project Manager Alan Mueller; City Engineer John Hargrove;
Grants Director Janet Berry; Planning and Development Director Dennis Smith; Parks &
Recreation Director Ed Hersh; Director of Administrative Services Mary Hickling; Emergency
Management Coordinator David Smith; Assistant Chief of Police Chris Doyle; Utility
Accounts Supervisor Missy Miller; Customer Service Clerk Wendy Henry; Purchasing
Officer Gordon Island; Grants Coordinator Chris Kidwell; Assistant Director of
Administrative Services Wendy Standorf; Court Coordinator Cheryl Garcia.
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation vas given by Reverend Barnett, and the Pledge of Allegiance was led by
Sr. Project Manager Alan Mueller.
APPROVAL OF MINUTES
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to approve
the minutes of the November 9, 1998 Joint Public Hearing held at 6:30 p.m., the minutes
of the November 16, 1998 Joint Public Hearing held at 6:30 p.m., the minutes of the
November 23, 1998 Joint Public Hearing held at 6:30 p.m., and the minutes of the
November 23, 1998 Regular Council Meeting held at 7:30 p.m.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
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Motion Passed 5 to 0.
MAYOR'S ACTIVITY REPORT:
Mayor Reid reported that on November 30 he attended the TML Electric Deregulation
Legislative Committee; December 1 he attended the AARP Monthly Meeting; the Work
Force Commission Meeting and Adult Reading Meeting; December 2-5 he attended the
TML Risk Pool Board of Directors Meeting, on the night of December 5, he attended the
Chamber Christmas Parade; December 7 he attended the Tri -County School to Work
Consortium, handed out Christmas Parade Awards and attended a Council Workshop;
December 8 he attended Pasadena Mayor Isbell's Luncheon and visited the Pearland
Neighborhood Center's Open House; December 9 he delivered Chamber Member Thank
You's and he attended the Adult Reading Board Meeting; December 10 he attended a
Chamber Ribbon Cutting; December 11 he attended the Chamber Breakfast, the TriTech
Meeting, Chamber Building Committee Meeting and the City Christmas Party; December
12 he read at Perry's Restaurant Children's Program and attended the City's Children
Christmas Program; and on December 14 he attended the Brazoria County Tax Abatement
Committee Meeting.
COUNCIL'S ACTIVITY REPORTS:
Council passed on their reports because of the length of the Joint Public Hearings, which
caused the regular meeting to begin late.
CITY MANAGER'S REPORT:
City Manager Glen Erwin passed on his report, also because of the length of the Joint
Public Hearings.
CITIZEN'S:
David W. Wilson, 6308 Fern Court, addressed Council and stated that he has as lived in
Pearland since 1957. In 1982 he bought and established his business at the property at
6319 Cottonwood. He said his property has been for sale for five years and has not had any
interested buyers. He introduced Mike Bolin, Vice President of Follette Veneer Company.
Mr Bolin addressed Council and said that they employee 25 employees, and he is
concerned that he would not be able to continue to his business.
Mayor Reid asked City Manager Glen Erwin to meet with them regarding this matter.
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Larry Marcott, 3606 Inverness Ct., addressed Council and stated that he was concerned
about the actions of Council regarding the private investigation into business affairs of the
City during the last six years. Mr. Marcott also stated that he was concerned that a specific
cost has not been established, and he read a letter to editor with the same concerns. Mr.
Marcott asked Council to rescind their vote.
Pete Lunn, 14221 Garden Road, addressed Council and stated that he wanted to speak on
his application; changing his land use to M-2 (Heavy Industrial). He addressed several
issues concerning the type of businesses on Garden Road, and further stated that he is in
favor of a traffic light on Garden Road at 518. He also stated that his business complies with
the Land Use and Urban Development Ordinance. Mr. Lunn said that he is in favor of the
Shadow Creek Ranch Project, but he does not understand how the Council could approve
something with mixed zoning in a planned community on the other side and say that there
is a problem with the zoning along Garden Road. In closing he said that Pearland needs to
support the small businesses on Garden Road and he thanked Council for the opportunity
to speak.
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. 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.
B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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
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CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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.
D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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.
E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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 (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
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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. 509-258 -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, 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 DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
G. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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 OF A 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.
H. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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
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1-6
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.
I. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF
ORDINANCE NO. 509- 261 - 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 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.
J. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF
ORDINANCE NO. 880 -AN ORDINANCE EXTENDING THE CITY LIMITS OF THE
CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN `J
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.
K. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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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Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
-- approve Ordinance Nos. 886, 887, 509-253, 509-254, 509-255, 509-258, 509-259, 509-
260, 509-261,880, and 882 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:
Mayor Reid with concurrence of Council moved to New Business Item No. 19.
FIRST READING OF ORDINANCE NO. 509-263 - 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 24.81 ACRES, MORE OR LESS, OUT OF 37.948
ACRES, H.T. & B. R.R. CO. SURVEY, TRACT 16B & 19B, A-240, ACCORDING TO THE
PLAT RECORDS OF BRAZORIA CO., TX (APPLICATION NO. 492) FROM
CLASSIFICATION OF SINGLE FAMILY DWELLING DISTRICT (R-4) TO MULTI FAMILY
DWELLING DISTRICT (MF) AT THE REQUEST OF CHARLIE EASON, AGENT, JOHN R.
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.
Planning and Development Director, Dennis Smith, stated that Planning and Zoning
Commission originally recommended denial on this land use change. After that meeting the
Developer and Real Estate Agent called and asked that this agenda item be withdrawn, and
it is the City Attorney's recommendation that we pass on this item, since the developer
has withdrawn their application.
Mayor Reid stated that a lot of citizens had signed up to speak on this item and they are
still welcome to if they would like.
None of the citizens wanted to address Council on this matter after the above action was
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taken.
Mayor Reid called a brief recess at 7:45 p.m.
Mayor Reid called the meeting back to order at 7:50 p.m.
MOTION TO REMOVE FROM THE TABLE, SECOND AND FINAL READING OF
ORDINANCE NO. 885.
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
remove from the table Ordinance No. 885 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. 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 Tetens made the motion, seconded by Councilmember Beckman, to
approve Ordinance No. 885 on its first and only reading.
City Attorney, Darrin Coker, addressed Council and stated that this particular alleyway has
several encroachments into already. It is not accessible to thru-traffic as it is now, and .
consequently, at this time, it would be better to do a waiver of encroachment. To abandon
the alleyway would take much more time. However, if Council chooses, we could do an
abandonment at a later time.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
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U9
FIRST READING OF ORDINANCE NO. 889 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE OFFERING OF HEALTH
BENEFITS COVERAGE TO CITY RETIREES; CONTAINING A REPEALER
CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING AN OPEN MEETINGS
CLAUSE.
Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 889 on its first reading.
Director of Administrative Services, Mary Hickling, addressed Council and stated that this
is not anything different from what we have been doing. It is basically a formality that TML
(Texas Municipal League) has requested that we put in the form of an ordinance. In small
cities there are so few people that retire, that sometime cities forget from time to time how
they implement the retirement benefits. The ordinance clarifies the meaning of retiree.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
. Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RATIFICATION OF APPOINTMENT OF CHERYL GARCIA TO
SERVE AS COURT CLERK.
Councilmember Berger made the motion, seconded by Mayor Pro -Tem Wilkins, to
appointment Cheryl Garcia to serve as Court Clerk.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION -AWARD OF RFP NO. 98-050 FOR HAND HELD METER READING
SYSTEM.
Councilmember Seeger made the motion, seconded by Councilmember Berger, to award
Bid No. B98-050 for hand held meter reading system to Schlumberger Resource
Management Services, Inc. for lease purchase financing in the amount of $29,193.
Purchasing Officer, Gordon Island, reviewed the bids received for the hand held meter
reading system. The contract is for three years with options to extend for two, one-year
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periods. The initial purchase of the system includes hardware, software, hand-held
instruments and training was approved in the 1998-99 budget. Mr. Island recommended
that Bid No. B98-050 be awarded to Schlumberger Resource Management Services, Inc.,
in the amount of $29,193; subject to a lease purchase plan.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion passed 5 to 0.
COUNCIL ACTION - AWARD OF BID NO. B99-003 FOR THE PEARLAND LIBRARY
BUILDING.
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
award Bid No. B99-003 for the Pearland Library Building to Hull & Hull, Inc. in the amount
of $1,866,000, and the completion deadline of 300 days.
Planning and Development Director, Dennis Smith, stated that we had 22 general
contractors come to the pre -development meeting and 15 submitted bids. Most bids were
under the projected cost of $2.3 -$2.4 million dollars. All of the bids have been reviewed
and all of the requirements have been met. It is staffs recommendation to award the bid
to the lowest qualified bidder, Hull & Hull, Inc., in the amount of $1,866,000.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion passed 5 to 0.
COUNCIL ACTION -AWARD OF BID NO. B98-007 FOR RETRACTABLE DOORS FOR
THE COMMUNITY CENTER.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to award
Bid No. B99-007 for retractable doors for the Community Center to TRW Modernfold in
the amount of $29,137 as recommended by staff.
Parks and Recreation Director, Ed Hersh, stated that this is a budgeted item that was
approved in the current fiscal year budget. Mr. Hersh recommended that the bid be
awarded to the lowest qualified bidder, TRW Modernfold in the amount of $29,137.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
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Voting "No" None.
Motion passed 5 to 0.
21,
COUNCIL ACTION - RESOLUTION NO. R98-75 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO SUBMIT A GRANT PROPOSAL TO THE HOUSTON-
GALVESTON AREA COUNCIL FOR A SOLID WASTE MANAGEMENT GRANT AND
EXECUTE ALL AGREEMENTS ASSOCIATED WITH APPLICATION.
Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R98-75.
Grant Coordinator, Chris Kidwell, addressed Council and stated that this is the fourth grant
that we have requested from HGAC to support our solid waste control efforts. He further
stated that Bob Bratz has been extremely effective, and he has identified several hundred
littering sites, and has dealt with some hazardous situations. HGAC has made $5,950
dollars available for two computers, a G.P.S. System, and binoculars. There is not a cash
match in this application. We do include a small in-kind match, based on the fact that we
have a supervisor who keeps track of him and that cost the City money. That enhances
the grant application.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R98-73 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, RECOGNIZING THE IMPORTANCE OF
THE DEPARTMENT OF THE U. S. ARMY CORPS OF ENGINEERS CLEAR CREEK
FEDERAL FLOOD CONTROL PROJECT AND ITS POTENTIAL IMPACT ON THE CITY'S
DRAINAGE AND FLOOD MITIGATION EFFORTS; AND URGING THE U. S. ARMY
CORPS OF ENGINEERS TO COMPLETE THE PROJECT WITHOUT FURTHER DELAY.
Councilmember Berger made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R98-73.
Emergency Management Coordinator, David Smith, stated that this project was put on the
funding list in 1984, and $95 million dollars was allocated, for the second outlet out of
Clear Lake into the bay and now we are stymied. Mr. Smith stated that the Corp has been
studying and studying this project, and the project could be delayed another three to five
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years. He further stated that, as Chairman of the Clear Creek Water Shed Steering
Committee, he will see that this item is on their agenda for discussion and possible action.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R98-74 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING ALL PREVIOUS
APPOINTMENTS OF CITY EMPLOYEES TO THE POSITIONS OF ASSISTANT CITY
SECRETARY AND DEPUTY COURT CLERK AND RATIFYING THE APPOINTMENT OF
CERTAIN CITY EMPLOYEES TO THE AFOREMENTIONED POSITIONS.
This item was passed no Council action taken.
FIRST READING OF ORDINANCE NO. 888 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, DETERMINING PUBLIC CONVENIENCE AND
NECESSITY TO EXTEND CITY RIGHTS-OF-WAY, INCLUDING BUT NOT LIMITED TO
THE EXTENSION OF PEARLAND PARKWAY, AND PROVIDE NECESSARY UTILITY OR
DRAINAGE EASEMENTS IN, ON, OVER, UNDER, ACROSS, AND THROUGH CERTAIN
REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITYATTORNEY, OR HIS
DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE
NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION,
PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN;
DECLARING AN EMERGENCY AS THE EXTENSION OF ADEQUATE CITY ROADS
BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY;
AND PROVIDING AN EFFECTIVE DATE.
Councilmember Seeger made the motion, seconded by Councilmember Berger, to
approve Ordinance No. 889 on its first reading.
City Attorney, Darrin Coker, stated that at a recent meeting, Council took action to reiterate
their desire to acquire right of way to further extend Pearland Parkway across 518. This
may have to be done by condemnation, and if we do have to go to commendation, it is
better procedurally to have an ordinance that declares the City's desire to acquire that
property as public necessity. This ordinance does declare it to be a public necessity and
authorizes the City to acquire the property. It is more of a procedural mechanism than
anything else.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
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Voting "No" None.
Motion Passed 5 to 0.
23
COUNCIL ACTION - REGARDING COUNCIL RECEIVING A PETITION REQUESTING
THE ANNEXATION OF A SECTION OF PINE HOLLOW AS REQUESTED BY R. WEST.
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
accept the petition requesting the annexation of section of Pine Hollow as requested by
R. West.
Sr. Project Coordinator, Alan Mueller, presented the location of the proposed annexation.
This small comer was left out when the annexation of this area was done back in the
1970's. The entire neighborhood would be in the city after this annexation is complete.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 890 - 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 Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to
approve Ordinance No. 890 on its first reading.
Sr. Project Coordinator, Alan Mueller, presented the location of the proposed exchange
of land. In lieu of taking cash for the property the VFW has suggested that in exchange
for their 25 -foot right -of- way, they would take a 50 foot strip of the far north Police
Department property. This trade would assist the City in obtaining the frontage property
that is needed for our goals and also assist the VFW with their goals. This transaction ratio
is about a 2.5 to 1 trade, which is comparable to other land exchanges that the City has
done. The Police Department did not have any specified use for the property and
approved this transaction.
Mayor Reid stated that it gives the VFW a small backyard that they need and it gives us
the frontage on Walnut that we desperately need.
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Voting "Aye" Councilmembers Seeger, Wilkins, Tetens, and Beckman.
Voting "Abstain" Councilmember Berger.
Voting "No" None.
Motion Passed 4 to 0, with 1 abstention.
Mayor Reid stated that Councilmember Berger abstained because he is a former
Commander of the Post and a member of the Post.
COUNCIL ACTION - RESOLUTION NO. R98-76 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE MEETING TIME AND
DATE FOR THE SECOND REGULAR MEETING OF DECEMBER, 1998.
Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R98-76.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R98-77 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH WALSH ENGINEERING, INC.
FOR PRELIMINARY ENGINEERING, WETLAND DELINEATIONS, AND PLATTING
TASKS WITHIN THE DAVID L. SMITH DETENTION FACILITY.
Councilmember Berger made the motion, seconded by Councilmember Beckman, to
approve Resolution No. R98-77.
City Engineer, John Hargrove, reviewed the proposal that was submitted by Walsh
Engineering. Mr. Hargrove stated that the proposal meets the needs of the Economic
Development Corporation's Client in the proposed 10 acre project located in the David L.
Smith Detention Facility. He asked Council to approve the contract in the amount of
$71,000.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
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Motion Passed 5 to 0.
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FIRST READING OF ORDINANCE NO. 891 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, DESIGNATING A CONTIGUOUS GEOGRAPHIC
AREA WITHIN THE CITY OF PEARLAND AS REINVESTMENT ZONE NUMBER TWO,
CITY OF PEARLAND, TEXAS; CREATING A BOARD OF DIRECTORS FOR SUCH ZONE;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING A SEVERABILITY CLAUSE.
Councilmember Seeger made the motion, seconded by Councilmember Berger, to
approve Ordinance No. 890 on its first reading.
Tom Wilcox, 2442 CR94, addressed Council and stated that he asked by the Pearland
Area Developer/ Builder Council to speak to Council regarding this project. He says that
he has a conceptual problem with the Shadow Creek Ranch, however, he does not have
a problem with the project itself, he welcomes the project. He has concerns with the
means of financing the project and stated that the promoters of the project are very good
sales people.
Dan Wainberg, 4800 West 34 Street, addressed Council and stated that he owns 20 acres
of land that is put into the TIRZ. He said he does not know anything about the TIRZ and
he objects to it because he does not know how it is going to affect him. In closing he said
and would like to know more about the TIRZ since he is included.
Renee L. West, 2401 County Club, stated that she wanted to talk about the tax burden
that it is going to create on the citizens of the City of Pearland. Ms. West also addressed
some of the areas of the City that she has developed and stated that she was not
subsidized. She said a MUD District would be great, because they pay for their own
development. Ms. West further stated that if these people decide not develop the area it
because they do not get a TIRZ on this 3,500 acre tract, that Clinton Wong will buy half
and she will buy half. Ms. West stated that the City is going to have the taxable dollars
"spend it where you need to spend the tax money, do not give it away." They can do like
all the other developers. If the market is here the house will sell. Ms. West asked Council
to take more time and look it.
Joe Zvanut, 2905 Yorkshire, addressed Council and discussed various sections the plan
for Shadow Creek Ranch that he has reviewed, and also cited certain sections of the
Property Tax Code. Mr. Zvanut asked Council to table any further action on the creation
of this TIRZ. He further addressed the plan and in closing he stated like Davy Crockett
said "Lets be right, then go ahead." Mr. Zvanut thanked Council.
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Clinton Wong, Houston, he stated that he did not have problem with the proposed
development. He is concerned with the financial tax structure to get the property off of the
ground. Mr. Wong addressed how Municipal Utility Districts work; and are they working
for the developers. He is concerned why they are trying to do a TIRZ in small city like
Pearland; Houston is using it in distressed areas. Mr. Wong said this property is not
distressed. In closing Mr. Wong stated that it would be nice to have a level playing field
by using MUDS.
Sr. Project Coordinator, Alan Mueller, gave a short introduction of the Shadow Creek
Representatives. Mr. Mueller stated that this is the first reading of the Ordinance that
would create the Tax Increment Reinvestment Zone. He also explained all of the steps
that need to be taken before the City has any financial obligation to the project. Mr. Mueller
reviewed the various sections of the proposed Ordinance.
There was additional discussion between the Council and Representatives of the Shadow
Creek Ranch project.
Councilmember Berger stated that it is important that the Council have more sessions or
workshops on this matter. The other key point is that the heart of this thing, the way that
he understands from the staff, is the Development Agreement. If that Agreement is not
acceptable, the project is off and the TIRZ is dissolved.
Mayor Pro -Tem Wilkins stated that he appreciates the Shadow Creek Ranch
Representatives, they have been very helpful and forthcoming with information. He further
stated, as a matter of principal, he likes the project, but he is really uncomfortable about
the whole plan generally. He further stated that he concurs with Renee West. As far as he
is concerned she has said it all. We need to be concerned, as an entity, along with the
school district, on upcoming projects that require the sale of bonds. Mayor Pro -Tem
Wilkins said that he does not like being rushed to do this at the last minute. It was only a
few weeks ago that the Council was told, as a body, that this had to be done by the end
of the year. In closing he stated that as a representative of the people he has some great
concerns regarding this project.
Councilmember Seeger stated that TIRZ are normally for inter -city improvements. Mr.
Seeger discussed the criteria for an owner driven TIRZ with Lynn Humphries of Vinson
and Elkins.
Councilmember Beckman stated that by voting in favor of this tonight they leave the door
open, if voted down the door is closed completely. If it is supported tonight the Council
could still reject the development agreement therefore dissolving the TIRZ. She said that
the Council needs more information.
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Mayor Reid said that this is a mechanism to leave the door open to get that information.
It will push this off until the future so that Council can get more information.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, and Seeger.
Voting "No" Mayor Pro -Tem Wilkins.
Motion Passed 4 to 1.
COUNCIL ACTION - RESOLUTION NO. R98-78 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO ENTER INTO INTERLOCAL AGREEMENTS WITH
BRAZORIA COUNTY, FORT BEND COUNTY, BRAZORIA DRAINAGE DISTRICT NO. 4,
FORT BEND INDEPENDENT SCHOOL DISTRICT, ALVIN INDEPENDENT SCHOOL
DISTRICT, AND ALVIN COMMUNITY COLLEGE, TO COOPERATE IN ESTABLISHING
CONDITIONS FOR PARTICIPATION IN TAX INCREMENT REINVESTMENT ZONE NO.
2 WITHIN THE CORPORATE CITY LIMITS OF PEARLAND.
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R98-78.
Sr. Project Coordinator, Alan Mueller, stated that this is another component of the project.
The interlocal agreement is the mechanism by which the other taxing entities will indicate
their willingness to participate in term of the zone, and what their level of participation will
be as far as contributing in the tax increment. Acting on this tonight signifies to the other
entities, that this is the frame work we are looking for. Mr. Mueller gave a brief overview
of each of the interlocal agreements. He further stated that under the state law, the
Drainage District does not automatically get a seat on the TIRZ Board. By this agreement
if they meet the eligibility requirements to serve on the board, they will get a seat. The
Drainage District also is interested in reviewing and approving the drainage plans within
the TIRZ area, and there is a stipulation in the agreement for them to have the authority
to approve the plans prior to the class being approved.
Mayor Reid asked, since this is inside the City, does it meet with the approval of the City
Engineers position for the approval of drainage?
City Engineer, John Hargrove, stated that we would have to address three existing
ordinances. At the present time there is not any type of interlocal agreement with the
Drainage District. Mr. Hargrove said that he does not have a problem with it if we can
come up with criteria that are reasonable, consistent, and substantially the same. Mr.
Hargrove further stated that there are other areas to be addressed and he thinks it would
be possible.
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The Council and Mr. Mueller further discussed the interlocal agreements.
Voting "Aye" Councilmembers Seeger, Berger, Tetens, and Beckman.
Voting "No" Mayor Pro -Tem Wilkins.
Motion Passed 4 to 1.
FIRST READING OF ORDINANCE NO. 509-268 - 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 3559 ACRES OF LAND, MORE OR LESS, LOCATED
IN THE DUPUY AND ROBERTS SURVEY, A-726, BRAZORIA CO.; J. CRAWLEY
SURVEY, A-174, BRAZORIA, CO.; WILLIAM MORRIS SURVEY, A-344, BRAZORIA CO.;
T. C. R. R. CO. SURVEY, SECT. 3, A-678, BRAZORIA CO.; T. C. R. R. CO. SURVEY,
SECT. 4 (JOHN W. MAXCY), A-675, BRAZORIA CO.; OBEDIAH PITTS SURVEY, A-717,
BRAZORIA CO.; H. T. & B. R. R. CO. SURVEY, SECT. 80 (J. S. TALMAGE), A-564,
BRAZORIA CO.; H. T. & B. R. R. CO. SURVEY, SECT. 81, A-300, BRAZORIA CO.; H. T.
& B. R. R. CO. SURVEY, SECT. 82 (J. S. TALMAGE), A-565, BRAZORIA CO.; H. T. & B.
R. R. CO. SURVEY, SECT. 83, A-305 IN BRAZORIA CO. AND A-761 IN FORT BEND CO.;
H. T. & B. R. R. CO. SURVEY, SECT. 84 (R. B. LYLE), A-538 IN BRAZORIA CO. AND A-
767 IN FORT BEND CO.; S. G. HAYNIE SURVEY, A-212 IN BRAZORIA CO. AND A-620
IN FORT BEND CO.; FRANKLIN HOOPER SURVEY, A-198, FORT BEND CO.; GEORGE
W. MCDONALD SURVEY, A-577, FORT BEND CO.; I. C. STAFFORD SURVEY, A-668,
FORT BEND CO. AND THE H. LEVERING SURVEY, A-279, FORT BEND CO, TX
(APPLICATION NO. 621) FROM CLASSIFICATION OF SUBURBAN DEVELOPMENT
(SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1 THROUGH R-4), MULTI -FAMILY
DISTRICT (MF), OFFICE PROFESSIONAL, NEIGHBORHOOD SERVICES DISTRICT,
COMMERCIAL, AND LIGHT INDUSTRIAL (MF, OP, NS, GB, C, M-1) AND GENERAL
BUSINESS, PLANNED UNIT DEVELOPMENT (PUD) AT THE REQUEST OF KNUDSON
& ASSOCIATES, AGENT FOR SHADOW CREEK RANCH DEVELOPMENT CO., L.P.,
OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE;
AND DECLARING AN EMERGENCY BECAUSE EXPEDIENT ACTION IS NECESSARY
TO ENSURE THE PROPERTY'S HIGHEST AND BEST USE FOR ITS INTENDED
PURPOSE; AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
approve Ordinance No. 509-268 (Application No. 621) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
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to approve Application No. 621.
Councilmember Berger asked why would we re -zone this property without having the TIRZ
in place.
City Attorney, Darrin Coker, stated that this is the first reading and it is not official until the
second reading.
Councilmember Berger confirmed that the City is not obligated to this yet.
Mayor Reid stated that it could be turned down on the second reading.
Planning and Development Director, Dennis Smith, stated that this ordinance gives us an
opportunity to take approximately 3,500 acres, and essentially create a master planned
community.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, and Seeger.
Voting "No" Mayor Pro -Tem Wilkins.
Motion Passed 4 to 1.
FIRST READING OF ORDINANCE NO. 509-262 - 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 LOT 11 & 12, BLK. 9, HICKORY CREEK
PLACE SUBD.IWSION, ACCORDING TO THE PLAT RECORDS OF BRAZORIA COUNTY,
TX (14221 SUBURBAN GARDEN ROAD)(APPLICATION NO. 546) FROM THE
CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY
INDUSTRIAL (M-2) AT THE REQUEST OF PETER C. AND DONNA LUNN, 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. 509-262 (Application No. 546) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 546.
Donna Lunn, 14221 Garden Road, addressed Council and stated after listening to
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M
everything that has come forth, it has been a real education. She further stated that
Dennis Smith has been a great help and she has learned about zoning. Mrs. Lunn said
that she is looking forward to retirement, but it is not close enough. She also said that their
business has been a good neighbor and asked Council to grant them the M-2 zoning
designation.
Tom Hodges, 2233 Garden Road, addressed Council and stated that he is the neighbor
to Donna and Pete Lunn, and he owns Crane Technologies. Mr. Hodges stated that he
has an M-2 zone change coming up, and the other neighbors in the area have already
been zoned M-2. Mr. Hodges said that they want to keep running their businesses like
they have in the past and to do that they are going to need the M-2 designations in that
area.
Mayor Pro -Tem Wilkins stated that it is obvious that this area is predominately industrial
and he thinks that this zone change needs to be approved.
Mayor Reid stated that he has visited these areas and they are very well maintained and
well kept.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-264 - 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 60 ACRES OUT OF SECT. 12,
H.T. & B. R.R. CO. SURVEY, A-508, ACCORDING TO THE DEED RECORDS OF
BRAZORIA CO., TX (APPLICATION NO. 503) FROM CLASSIFICATION COMMERCIAL
DISTRICT (C) TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT THE REQUEST OF
DWAIN EVANS, AGENT, CHAILLE KELLY, OWNER, PROVIDING FOR AN AMENDMENT
OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED
TO THE SUBJECT.
This item was passed no Council action taken.
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3'
FIRST READING OF ORDINANCE NO. 509-265 - 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 12.498 ACRES OUT OF THE SE 1/4, SECT. 21, H.T.
& B. R.R. CO. SURVEY, A-309, AND PART OF A TRACT DESCRIBED IN DEED DATED
11-22-1972, GEORGE P. KELLY TO ROSE M.A. BAGNOLI, VOL. 1144, PG. 902, DEED
RECORDS OF BRAZORIA CO., TX (APPLICATION NO. 519) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT
THE REQUEST OF JACK NAHAS, AGENT, 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 Tetens, to
approve Ordinance No. 509-265 (Application No. 519) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 519.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
City Attorney, Darrin Coker, informed Council that Ordinance No. 509-266 and Ordinance
No. 509-267 could be acted upon together.
FIRST READING OF ORDINANCE NO. 509-266 - 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. 464, 502, 512, 521,
522, 81523) 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.
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FIRST READING OF ORDINANCE NO. 509-267 - 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 NO'S. 499, 525, 527, 528,
529, & 530) 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 Seeger made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 509-266 (Application Nos. 464,502,512,521,522, & 523) and
Ordinance No. 509-267 (Application Nos. 499,525,527,528,529, & 530) on their first
reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application Nos. 464,502,512,521,522, 523, 499,525,527,529, & 530.
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 9:55 p.m. to
discuss the following:.
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.074 - PERSONNEL MATTERS - DISCUSSION
REGARDING THE APPOINTMENT OF A CITY MANAGER FOR THE
CITY OF PEARLAND.
2. SECTION 551.071- CONSULTATION WITH THE CITY ATTORNEY -
REGARDING CURRENT LITIGATION ASSOCIATED WITH THE
CITY OF PEARLAND'S (CCN) CERTIFICATE OF CONVENIENCE
AND NECESSITY.
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NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 10:55 p.m.
COUNCIL ACTION - REGARDING THE APPOINTMENT OF A CITY MANAGER FOR THE
CITY OF PEARLAND.
Councilmember Berger made the' motion, seconded by Mayor Pro -Tem Wilkins, to
appointment Glen Erwin to serve as City Manager for the City of Pearland at a salary of
$95,000 a year.
Voting "Aye" Councilmembers Wilkins, Berger, and Seeger.
Voting "No" Councilmember Beckman and Tetens
Motion Passed 3 to 2.
COUNCIL ACTION - REGARDING CURRENT LITIGATION ASSOCIATED WITH THE
CITY OF PEARLAND'S (CCN) CERTIFICATE OF CONVENIENCE AND NECESSITY.
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
authorize the City Manager or his designee to enter into a settlement agreement with the
City of Brookside Village regarding the Certificate of Convenience and Necessity.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS:
Meeting was adjourned at 10:56 p.m.
ADJOURNMENT
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34
Minutes approved as submitted and/or corrected this the 111 day of JANUARY, A.D.,
1999.
Tom Reid
Mayor
ATTEST:
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