1996-09-23 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON SEPTEMBER 23, 1996, 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/Councilmember Jerry Richardson
Councilmember Helen Beckman
Councilmember Richard Tetens
Councilmember Larry Wilkins
Councilmember Kevin Cole
City Manager Paul Grohman
City Attorney Amy McCullough
City Secretary Yolanda C. Benitez
Others in attendance: Assistant City Managers Glen Erwin and Richard Burdine; City
Engineer John Hargrove; Police Chief Mike Hogg; and Assistant Police Chief Chris Doyle.
INVOCATION AND PLEDGE OF ALLEGIANCE
The colors were presented and the Pledge of Allegiance was led by the Pearland High
School Color Guard and the invocation was given by Reverend Cadman of Faith
Community Church.
APPROVAL OF MINUTES
Councilmember Tetens moved that the minutes of the Joint Public Hearing held on
September 9, 1996, 6:30 p.m., be approved as presented. The motion was seconded
by Councilmember Richardson.
Motion passed 5 to 0.
o'"` Councilmember Tetens moved that the minutes of the Regular Meeting held on
September 9, 1996, 7:30 p.m., be approved as presented. The motion was seconded
by Councilmember Richardson.
Motion passed 5 to 0.
MAYOR'S ACTIVITY REPORT
Police Chief Mike Hogg joined Doug Smith, President of the Pearland 100 Club, in
presenting the "Officer of the Year" award to Detective Armando Garza. Doug Smith
announced that Detective Garza would be honored at a banquet, which will be held on
Saturday, October 19th, at the Knights of Columbus Hall at 7:00 p.m., and invited the
public to attend. Police Chief Mike Hogg thanked the Pearland 100 Club for their
contributions to the Police Department, such as the officers' vests, cameras for the patrol
cars, vests and shields for the Combined Agency Response Team, as well as purchasing
life insurance for each of the police officers which takes care of their families if they are
killed on or off-duty.
Mayor Reid and Mayor Pro Tem Jerry Richardson presented a proclamation to Ryan
Aman in recognition of his achievement of the National Merit Award from the Boy Scouts
of America.
Mayor Reid and City Attorney Amy McCullough presented a proclamation to Hayley
Cherry, Brazoria County Queen Candidate, and her escort, Chip Bateman, who will be
representing the City of Pearland at the Brazoria County Fair on October 6, 1996.
Mayor Reid reported on his activities during the past two weeks which included: meeting
with Gordon Myers of Gulf Coast Water Authority and presentation of proclamation to the
Rosette Chapter of the American Business Women's Association on September 10th;
meeting with FAA consultants for Clover Field on September 11th; Tri -Tech meeting on
September 12th; PEDC monthly meeting on September 16th; HGAC Board of Directors
meeting on September 17th; "Salute to Industry" Award luncheon and Brazoria County
Cities Association on September 18th; luncheon meeting with Walter Hall and monthly
meeting of the Gulf Coast Water Authority, as well as the Southeast Economic
Development Corporation "Candidates Forum" on September 19th; and the Chamber of
Commerce Board of Directors meeting on September 20th.
COUNCIL ACTIVITY REPORTS
Councilmember Beckman reported that she attended a Vision 20/20 sign project
committee meeting on September 11th; PEDC Board Meeting & Clean Pearland Board
Meeting on September 16th; "Salute to Industry" activities and luncheon on September
18th. She commended the PEDC and the Chamber of Commerce for their efforts in
putting these activities together. Councilmember Beckman stated that she also attended
the BCCA meeting in La Grange on September 18th; and participated in the Dog Trot
on September 21st.
Councilmember Tetens reported that he attended the "Salute to Industry" luncheon and
tour on September 18th and the BCCA meeting that evening. He echoed
Councilmember Beckman's comments on the great job that the PEDC and Chamber did
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on the presentation of the "Salute to Industry". Councilmember Tetens reported that he
received a call from a citizen, Gary Rigney, with regard to sewer problems, and asked
that Council consider review of this problem.
Councilmember Richardson reported that he attended the Tri -Tech meeting on
September 12th; the "Salute to Industry" banquet and activities on September 18th.
Councilmember Wilkins reported that he also attended the "Salute to Industry" on
September 18th; and the Pearland Lions Club meeting. He reported that he has received
several calls from citizens - one of which was in regard to a fire in the West Oaks
subdivision and continued calls regarding the sign ordinance.
Councilmember Cole reported that he attended the "Salute to Industry" luncheon and
activities on September 18th; and spoke to the second grade class at Pearland Christian
School at First Baptist Church with regard to local government on September 23rd. He
recognized one of the students who was attending the Council meeting.
CITY MANAGER'S REPORT
City Manager Paul Grohman reported that the public safety areas (fire, police and
ambulance) are relatively quiet. He reported that notice had been received that we had
been awarded a grant for the purchase of a new defibrillator in EMS. EMS has raised
the funds for the other half of the funds required for this piece of equipment.
Mr. Grohman reported that the bids had been opened the week prior and would be
presented for Council review and approval at the next Council meeting regarding
Centennial Boulevard. The City is in the process of completing several water projects,
as well as intersection changeovers.
City Manager Grohman reported that MTI is opening for business; there is another
manufacturer coming on board soon, and some major announcements will be made
within the next few weeks regarding new businesses.
Mr. Grohman announced that the 2nd annual "Meet the City" facilities tour will take place
on Tuesday, October 1st, from 5:30 p.m. to 8:00 p.m. and invited the public to attend.
City Manager Grohman stated that the sign ordinance has been in effect since the
1980's, and it was redone about two years ago, and he suggested that a meeting be
held within the next 3-4 months between the Planning & Zoning Commission, the Zoning
Board of Adjustments, the Strategic Planning Committee, the Developers Group, Clean
Pearland, and the Council to discuss the sign ordinance. Discussion followed with
regard to the present sign ordinance and the changes needed.
Mayor Reid introduced Reverend Bailey Cadman, minister of the Faith Community
Church and extended his appreciation to him for leading the invocation.
CITIZENS:
Frances Jamison - 2417 E. Broadway. Mrs. Jamison addressed Council with
regard to annexation ordinances #'s 24-30, passed on June 21, 1960, which she
stated were illegally done. She requested that the entire package be incorporated
into the minutes for the record. Mrs. Jamison stated that her name, along with
others, had been forged; thereby, making these ordinances illegal. She requested
that a full investigation be done before any additional, illegal annexations are
initiated. She then thanked the City of Pearland for signing off on a release of
judgment.
DOCKETED PUBLIC HEARINGS: None
UNFINISHED BUSINESS:
Mayor Reid stated that Unfinished Business Items #'s 1-5 would be read simultaneously
and acted upon together.
SECOND READING OF ORDINANCE NO. 509-81 - AN ORDINANCE 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 A 0.9977 ACRE (43,460 SQUARE FEET) TRACT OF LAND OUT OF LOT
32 OF THE ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION OF
SECTION 9, H.T.&B.R.R. CO. SURVEY, ABSTRACT 234, BRAZORIA COUNTY, TEXAS,
ACCORDING TO THE PLAT RECORDED IN VOLUME 2, PAGE 24 OF THE BRAZORIA
COUNTY PLAT RECORDS; AND BEING ALL OF THE HENRY H. WINSTON, ET UX, CALL
1. 1966 ACRE TRACT AS RECORDED IN VOLUME 8456, PAGE 194, OF THE BRAZORIA
COUNTY OFFICIAL RECORDS, NOT WITHIN THE RIGHT-OF-WAY OF STATE FARM
MARKET ROAD NO. 518 FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF PGAL, AGENT
FOR HENRY H. WINSTON AND WIFE, BETTY JOURDAN WINSTON, 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.
SECOND READING OF ORDINANCE NO. 509-82 - AN ORDINANCE 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 A 2.2713 ACRE (98,936 SQUARE FEET) TRACT OF LAND OUT OF LOT
64 OF THE ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION OF
SECTION 9, H.T.&B.R.R. CO. SURVEY, ABSTRACT 234, BRAZORIA COUNTY, TEXAS,
ACCORDING TO THE PLAT RECORDED IN VOLUME 2, PAGE 24 OF THE BRAZORIA
COUNTY PLAT RECORDS; ALSO BEING THE SOUTHERLY PORTION OF THE RUBY
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LEE COX TRACT AS RECORDED IN VOLUME 958, PAGE 925, OF THE BRAZORIA
COUNTY DEED RECORDS, FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF PGAL, AGENT
FOR RUBY LEE COX, 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.
SECOND READING OF ORDINANCE NO. 509-83 - AN ORDINANCE 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 A 4.4869 ACRE (195,451 SQUARE FEET) TRACT OF LAND OUT OF LOT
32 OF THE ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION OF
SECTION 9, H.T.&B.R.R. CO. SURVEY, ABSTRACT 234, BRAZORIA COUNTY, TEXAS,
ACCORDING TO THE PLAT RECORDED IN VOLUME 2, PAGE 24 OF THE BRAZORIA
COUNTY PLAT RECORDS; ALSO BEING A SOUTHERLY PORTION OF THE DAN
KELLER, TRUSTEE, ET AL, CALL 9.977 ACRE TRACT AS RECORDED IN VOLUME 1748,
PAGE 488, OF THE BRAZORIA COUNTY DEED RECORDS, FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE
REQUEST OF PGAL, AGENT FOR HENRY V. MINGARELLI, TRUSTEE, AND JAMES R.
DEKERLEGAND, D.D.S., TRUSTEE (DECEASED), 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.
SECOND READING OF ORDINANCE NO. 509-84 - AN ORDINANCE 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 A 0.6234 ACRE (27,157 SQUARE FEET) TRACT OF LAND OUT OF LOT
32 OF THE ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION OF
SECTION 9, H.T.&B.R.R. CO. SURVEY, ABSTRACT 234, BRAZORIA COUNTY, TEXAS,
ACCORDING TO THE PLAT RECORDED IN VOLUME 2, PAGE 24 OF THE BRAZORIA
COUNTY PLAT RECORDS; ALSO BEING ALL OF THE EDWARD L. THOMPSON CALL
0.756 ACRE TRACT AS RECORDED IN VOLUME 1762, PAGE 182, OF THE BRAZORIA
COUNTY DEED RECORDS, NOT WITHIN THE RIGHT-OF-WAY OF STATE FARM
MARKET ROAD NO. 518 FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF PGAL, AGENT
FOR EDWARD L. THOMPSON, 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.
SECOND READING OF ORDINANCE NO. 509-85 - AN ORDINANCE 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 A 1.1641 ACRE (50,707 SQUARE FEET) TRACT OF LAND OUT OF LOT
32 OF THE ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION OF
SECTION 9, H.T.&B.R.R. CO. SURVEY, ABSTRACT 234, BRAZORIA COUNTY, TEXAS,
ACCORDING TO THE PLAT RECORDED IN VOLUME 2, PAGE 24 OF THE BRAZORIA
COUNTY PLAT RECORDS; AND BEING THE SOUTHERLY PORTIONS OF TRACTS 3
AND 8 OF THE EPHRIAM SMITH TRACTS AS RECORDED IN THE BRAZORIA COUNTY
CLERK'S FILE NO. 96-005167 AND THE SOUTHERLY PORTION OF THE EPHRIAM
SMITH CALL 0.487 TRACT OF LAND AS RECORDED IN BRAZORIA COUNTY CLERK'S
FILE NO. 96-014328 FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF PGAL, AGENT FOR
EPHRIAM SMITH, 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 Richardson moved for the adoption of Ordinance No. 509-81, Ordinance
No. 509-82, Ordinance No. 509-83, Ordinance No. 509-84, and Ordinance No. 509-85 on
second reading. The motion was seconded by Councilmember Cole.
Councilmember Tetens stated that he would be abstaining from voting as he is one of
the owners of the property involved.
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, and Beckman.
Voting "No" - None.
Abstaining - Councilmember Tetens
Motion passed 4 to 0, with one abstention.
SECOND READING OF ORDINANCE NO. 747 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AND ALLOWING,
UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM,
"UPDATED SERVICE CREDITS" IN SAID SYSTEM ON AN ANNUAL BASIS FOR SERVICE
PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO AT THE EFFECTIVE
DATE OF THE ALLOWANCE ARE IN THE EMPLOYMENT OF THE CITY OF PEARLAND;
PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR
RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; TO
INCREASE THE RATE OF DEPOSITS TO THE TEXAS MUNICIPAL RETIREMENT
SYSTEM BY THE EMPLOYEES OF THE CITY; PROVIDING A SEVERABILITY CLAUSE,
A SAVINGS, CLAUSE, A REPEALER CLAUSE, AN EFFECTIVE DATE AND CONTAINING
OTHER PROVISIONS RELATING TO THE SUBJECT.
Councilmember Wilkins moved for the approval of Ordinance No. 747 on its second and
final reading. The motion was seconded by Councilmember Cole.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole.
Voting "No" - None.
Motion passed 5 to 0.
REMOVE FROM TABLE AWARD OF RFP - REFUSE COLLECTION
Councilmember Cole moved to remove from the table the award of the RFP for Refuse
Collection. The motion was seconded by Councilmember Richardson.
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman.
Voting "No" - None.
Motion passed 5 to 0.
AWARD OF RFP FOR REFUSE COLLECTION
Councilmember Cole moved that the Award of the RFP for the Refuse Collection be
awarded to Waste Management. The motion was seconded by Councilmember
Richardson.
Assistant City Manager Burdine stated that the background information was listed under
Item #12 in the New Business section. He recommended that the RFP be awarded to
Waste Management and recommended that the Council authorize the City Manager to
sign the contract.
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman.
Voting "No" - None.
Motion passed 5 to 0.
NEW BUSINESS:
CHANGE IN ORDER OF BUSINESS:
Mayor Reid requested Council concurrence to change the order of business to move
forward the following resolution for action since it was related to the RFP for the Refuse
Collection.
RESOLUTION NO. R96-48 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER
INTO AN EXCLUSIVE CONTRACT WITH WASTE MANAGEMENT OF TEXAS, INC., TO
O*Q^ COLLECT, PROCESS, AND DISPOSE OF RESIDENTIAL AND COMMERCIAL REFUSE
AND/OR RECYCLABLES WITHIN THE CORPORATE LIMITS OF THE CITY.
I ?
Councilmember Cole moved for the adoption of Resolution No. R96-48. The motion was
seconded by Councilmember Beckman.
Councilmember Cole explained to the citizens that the contract will keep the collection
rate the same as it was last year for the next two years.
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman.
Voting "No" - None.
Motion passed 5 to 0.
APPOINTMENT OF TWO (2) MEMBERS TO THE PARK, RECREATION AND
BEAUTIFICATION BOARD.
Councilmember Wilkins moved to appoint Michael Grisby and Lisa Diese to the Park,
Recreation and Beautification Board. The motion was seconded by Councilmember
Cole.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole.
Voting "No" - None.
Motion passed 5 to 0.
FIRST READING OF ORDINANCE NO. 751 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION 22-1, DEFINITION, OF
CHAPTER 22 OF THE CITY OF PEARLAND CODE OF ORDINANCES, PEDDLERS, AS
THE SAME MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, FOR THE PURPOSE
OF CLARIFYING AND MODIFYING THE DEFINITION OF PEDDLER; PROVIDING A
PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, A
SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN
EFFECTIVE DATE.
Councilmember Tetens moved for the approval of Ordinance No. 751. The motion was
seconded by Councilmember Richardson.
Assistant City Manager Burdine explained the changes being made in the ordinance and
the reason for making the changes. City Attorney Amy McCullough stated that the
present ordinance was originally prepared in 1961, and noted that she will be reworking
the ordinance at a later date, approximately within the next month. A lengthy discussion
ensued.
Councilmember Richardson moved to table Ordinance No. 751. The motion was
seconded by Councilmember Cole.
,V, Voting "Aye" - Councilmembers Cole, Wilkins, Richardson and Beckman.
Voting "No" - Councilmember Tetens.
Motion passed 4 to 1.
FIRST READING OF ORDINANCE NO. 509-86 - AN ORDINANCE 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 0.9630 ACRE TRACT OF LAND OUT OF LOT "G" OF GARDEN ACRES
SUBDIVISION, SECTION 1, OUT OF H.C. JOHNSON 99 -ACRE TRACT, BEING THE
SOUTH 99 ACRES OF THE H.T.&B. RR. CO. SURVEY, SECTION 7, ABSTRACT NO.
219, BRAZORIA COUNTY, TEXAS, AS DESCRIBED IN DEED RECORDED IN VOLUME
595, PAGE 63, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS (6114 LAURIE
STREET) FROM SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-1) AT THE REQUEST OF ALLEN J. ROBINSON, OWNER;
PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING
A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT.
Councilmember Beckman moved for the adoption of Ordinance No. 509-86 on its first
reading. The motion was seconded by Councilmember Richardson.
Mayor Reid read the letter of recommendation from the Planning & Zoning Commission.
Mayor Reid inquired about incorporating the zone application number into the caption
of the accompanying ordinance. City Attorney McCullough stated this would be done
in the future.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole.
Voting "No" - None.
Motion passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-87 - AN ORDINANCE 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 THE WEST'/2 OF TRACT 47, CONTAINING 5 ACRES, MORE OR LESS,
OF THE ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION 19,
H.T.&B. RR. CO. SURVEY, ABSTRACT 243, BRAZORIA COUNTY, TEXAS, ACCORDING
TO THE RECORDED MAP OR PLAT THEREOF IN VOLUME 2, PAGE 23, OF THE PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (2539 ZAPALAC ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
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DWELLING DISTRICT (R-1) AT THE REQUEST OF ROBIN D. ZAPALAC, 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 Wilkins moved for the adoption of Ordinance No. 509-87 on its first of
two readings. The motion was seconded by Councilmember Cole.
Mayor Reid read the letter of recommendation from the Planning & Zoning Commission
with regard to this zone application.
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman.
Voting "No" - None.
Motion passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-88 - AN ORDINANCE 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 LOTS 5 & 6, BLOCK 1 OF GARDEN ACRES SUBDIVISION, SECTION 2,
BEING A SUBDIVISION IN THE SOUTH 99 ACRES OF THE H.T.&B. RR. CO. SURVEY,
SECTION 7, A-219, AS IN DEED RECORDED IN VOL. 595, PAGE 63, OF THE DEED
RECORDS OF BRAZORIA COUNTY, TEXAS (6329 GARDENIA STREET) FROM --
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT
(R-1) AT THE REQUEST OF REYNALDO AND JUANITA RAMOS, 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 Tetens moved for the adoption of Ordinance No. 509-88 on its first of
two readings. The motion was seconded by Councilmember Richardson.
Mayor Reid stated he had a letter of recommendation from the Planning & Zoning
Commission with regard to this application and stated that they are recommending
approval.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole.
Voting "No" - None.
Motion passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-89 - AN ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN
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DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE
PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY
LOCATED ON LOT 3, GARDEN ACRES, SECTION 3, A SUBDIVISION OF 24 LOTS
BEING 18.862 ACRES OF LAND OUT OF TRACT 36 OF A SUBDIVISION OF THE
H.T.&B. RR. CO. SURVEY, SECTION 7, ABSTRACT 219, BRAZORIA COUNTY, TEXAS,
ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 10, PAGE 77, PLAT
RECORDS, AS CORRECTED BY VOLUME 923, PAGE 645, OF THE DEED RECORDS
OF BRAZORIA COUNTY, TEXAS (2614 THELMA DRIVE) FROM SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE
REQUEST OF DAN R. AND CONNIE L. MCMASTER, 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 moved for the adoption of Ordinance No. 509-89 on its first
of two readings. The motion was seconded by Councilmember Tetens.
Mayor Reid read the letter of recommendation from the Planning & Zoning Commission
with regard to this zone application.
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman.
Voting "No" - None.
Motion passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-90 - AN ORDINANCE 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 LOTS 3 & 4, BLOCK 2 OF SKYWAY MANOR SUBDIVISION, BEING A
SUBDIVISION OF 68.24 ACRES OUT OF THE WEST 1/20F THE NORTHWEST 1/40F
SECTION 15, H.T.&B. RR. CO. SURVEY, ABSTRACT 241, BRAZORIA COUNTY, TEXAS,
ACCORDING TO THE RECORDED MAP OR PLAT THEREOF IN VOLUME 7, PAGE 67,
OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (2810 PIPER ROAD) FROM
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT
(R-1) AT THE REQUEST OF ANH NGOC HO, AGENT FOR VO VI FRIENDSHIP
ASSOCIATION OF PEARLAND, 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 Cole moved for the adoption of Ordinance No. 509-90 on first reading.
The motion was seconded by Councilmember Tetens.
Mayor Reid read the letter of recommendation from the Planning & Zoning Commission
regarding this zone application.
1116
Councilmember Wilkins inquired about the questions raised at the Joint Public Hearing
with regard to parking space available in this residential area. It was pointed out that that
was part of the Specific Use Permit, and it was noted that the Specific Use Permit
request was tabled by the P&Z Commission.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole.
Voting "No" - None.
Motion passed 5 to 0.
FIRST READING OF ORDINANCE NO. 450-20 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 450 AS
THE SAME MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, FOR THE PURPOSE
OF ESTABLISHING AND REESTABLISHING CLASSIFICATIONS AND NUMBER OF
AUTHORIZED POSITIONS IN THE CLASSIFIED SERVICE OF THE CITY OF PEARLAND,
PURSUANT TO SECTION 143.021 OF THE LOCAL GOVERNMENT CODE OF THE
STATE OF TEXAS; PROVIDING A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A
REPEALER CLAUSE, AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS
RELATING TO THE SUBJECT.
Councilmember Wilkins moved for the approval of Ordinance No. 450-20. The motion
was seconded by Councilmember Richardson.
Police Chief Mike Hogg reported that the only thing being changed was "Exhibit A" (the
Pay Classification Plan) due to the new budget year beginning October 1, 1996. He
noted that with the budget having been previously approved, Council needed to approve
the amounts listed on the Pay Classification Plan to coincide with the pay raises being
given.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole.
Voting "No" - None.
Motion passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 748 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, NAMING THE STREET LOOP IN
INDEPENDENCE PARK AS INDEPENDENCE CIRCLE; APPROVING AND RATIFYING A
SPEED LIMIT OF 20 MILES PER HOUR ON SAID STREET; AND RATIFYING ALL OTHER
TRAFFIC CONTROL DEVICES POSTED IN INDEPENDENCE PARK; PROVIDING A
PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION
AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED
FOR TRAFFIC CONTROL DEVICES IN THIS AREA INURES TO THE BENEFIT OF THE
TRAVELLING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH,
11?
SAFETY AND WELFARE OF THE CITIZENRY.
Councilmember Richardson moved for the adoption of Ordinance No. 748 on its first and
only reading. The motion was seconded by Councilmember Cole.
Police Chief Mike Hogg explained that the streets inside the City parks had not been
codified and this was being rectified by this action.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole.
Voting "No" - None.
Motion passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 749 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING PUBLIC
CONVENIENCE AND NECESSITY FOR A PUBLIC WORKS PROJECT, KNOWN AS THE
BARRY ROSE WASTEWATER TREATMENT PLAT EXPANSION WITH ASSOCIATED
IMPROVEMENTS; AUTHORIZING THE CITY ATTORNEY, OR HER DESIGNEE, AND
OTHER OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE
EASEMENTS ON PROPERTY LOCATED WITHIN THE CITY, BY DONATION, PURCHASE,
OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; DECLARING AN
EMERGENCY, BECAUSE EXPANDING THE CITY'S BARRY ROSE WASTEWATER
TREATMENT PLANT BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE
OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE.
Councilmember Tetens moved for the approval of Ordinance No. 749 on first and only
reading. The motion was seconded by Councilmember Richardson.
City Attorney McCullough stated that this was a means for the Council to authorize city
staff to negotiate the necessary transaction in order to acquire the property needed for
this project.
City Engineer John Hargrove stated that they are in the process of expanding Barry Rose
Wastewater Treatment Plant and recommended approval of this Ordinance in order to
proceed with the project.
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman.
Voting "No" - None.
Motion passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 750 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING PUBLIC
CONVENIENCE AND NECESSITY FOR A PUBLIC WORKS PROJECT, KNOWN AS
Im
GARDEN ROAD WATER WELL WITH ASSOCIATED IMPROVEMENTS, INCLUDING BUT
NOT LIMITED TO A SANITARY CONTROL EASEMENT; AUTHORIZING THE CITY
ATTORNEY, OR HER DESIGNEE, AND OTHER OFFICIALS TO TAKE SUCH ACTIONS
AS ARE NECESSARY TO ACQUIRE EASEMENTS ON PROPERTY LOCATED WITHIN
THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF
EMINENT DOMAIN FOR THE PURPOSE OF ACQUIRING SAID SANITARY CONTROL
EASEMENT; AND DECLARING AN EMERGENCYAS THE PROTECTION OF THE PUBLIC
WATER SUPPLY BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF
THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE.
Councilmember Beckman moved for the adoption of Ordinance No. 750 on first and only
reading. The motion was seconded by Councilmember Wilkins.
City Engineer Hargrove stated that this Ordinance is required by State law in order to put
the well into operation.
Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole.
Voting "No" - None.
Motion passed 5 to 0.
CALLING A SPECIAL CITY COUNCIL MEETING ON OCTOBER 7, 1996 FOR
ANNEXATION PUBLIC HEARINGS TO BE HELD AT 5:30 P.M. AND 6:30 P.M.
Councilmember Cole made a motion to call a special City Council meeting on October
7, 1996 for Annexation Public Hearings to be held at 5:30 p.m. and 6:30 p.m. The
motion was seconded by Councilmember Richardson.
City Manager Grohman explained that these hearings are for two of the four annexations
that will be done before the end of the year. He requested approval of this action.
Councilmember Tetens noted that he is not able to make the 5:30 p.m. meeting because
of job commitments. City Attorney McCullough stated that the reason for scheduling
these hearings beginning at 5:30 p.m. was mainly because of the multitude of zone
applications that are necessitating joint public hearings. It was pointed out that the
notices for both public hearings have already been published in order to meet deadlines.
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson and Beckman.
Voting "No" - Councilmember Tetens.
Motion passed 4 to 1.
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OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.071 - CONSULTATION WITH ATTORNEY REGARDING
CONTEMPLATED LITIGATION AND OTHER LEGAL ALTERNATIVES.
Council recessed to Executive Session at 9:35 p.m.
Council returned to Open Session at 10:52 p.m.
NEW BUSINESS (CONTINUED):
INSTRUCTION TO ATTORNEY REGARDING CONSULTATION.
Councilmember Richardson moved to take no action on this matter at this time. The
motion was seconded by Councilmember Cole.
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman.
Voting "No" - None.
Motion passed 5 to 0.
ADJOURNMENT
Meeting was adjourned at 10:54 p.m.
Mi tes ap roved as submitted and/or corrected this the day of
A. D., 1996.
�YJZ
Tom Reid
Mayor
ATTEST:
Yolai C. Benitez
�" City Secretary
im