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1996-10-14 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 14, 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 Parks & Recreation Director Ed Hersh. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Kevin Cole and the Pledge of Allegiance was led by Councilmember Larry Wilkins. APPROVAL OF MINUTES Councilmember Beckman moved that the minutes of the Joint Public Hearing held on September 23, 1996, 6:00 p.m., be approved as presented. The motion was seconded by Councilmember Richardson. Motion passed 4 to 0 with Councilmember Tetens abstaining as he was absent from that hearing. Councilmember Tetens moved that the minutes of the Regular Meeting held on September 23, 1996, 7:30 p.m., be approved as presented. The motion was seconded by Councilmember Richardson. 1-I 139 Motion passed 5 to 0. Councilmember Beckman moved that the minutes of the Annexation Public Hearing held on October 7, 1996, 5:30 p.m., be approved as presented. The motion was seconded by Councilmember Richardson. Motion passed 3 to 0 with Councilmembers Tetens and Wilkins abstaining as they were absent from the hearing. Councilmember Tetens moved that the minutes of the Special Council meeting held on October 7, 1996, 6:00 p.m., be approved as presented. The motion was seconded by Councilmember Richardson. Motion passed 4 to 0 with Councilmember Wilkins abstaining as he was absent from that meeting. Councilmember Tetens moved that the minutes of the Annexation Public Hearing held on October 7, 1996, 6:30 p.m., be approved as presented. The motion was seconded by Councilmember Richardson. Motion passed 4 to 0 with Councilmember Wilkins abstaining as he was absent from that hearing. MAYOR'S ACTIVITY REPORT Mayor Reid and Mayor Pro Tem Jerry Richardson presented a proclamation to Don Baker, United Way - North Brazoria County Division Chair, in recognition of United Way month now through mid-November, 1996. Mayor Reid reported on his activities which included: Texas Association of Regional Councils of Government Annual Meeting in Beaumont on September 24-28; Nominating Committee meeting for the Mustang District of the Boy Scouts of America on September 30; AARP meeting, MTI formal opening and tour, and the City Facilities Open House on October 1; School -to -Work Meeting for Alvi n/Fri end swood/Pearland on October 2; Southeast Economic Development Corporation board meeting on October 3; Governors Award Committee meeting on October 4; St. Stephen's Bazaar and the Fire Department event at the Lions Club on October 5; Lions Club breakfast, presented proclamation to the Majestic Christian Center, Air National Guard Change of Command Services at Ellington Field, and the Kiwanis Annual meeting on October 6. COUNCIL ACTIVITY REPORTS Councilmember Cole reported that he attended the Texas Municipal League Legislative Session in Austin on September 27; Public information meeting on September 30; Clean Cities 2000 in Austin and the City Open House on October 1; Special Council meeting and annexation public hearings on October 7; and the Ministerial Alliance Quarterly 140 Breakfast on October 8. He introduced two of the students from the Sunshine Learning Center who were attending the Council meeting: Cameron Cole and S. J. Marsh, and the third grade teacher, Karen Marsh. Councilmember Wilkins reported that he attended the City Open House on October 1; and the Fire Department Open House on October 5. Councilmember Richardson reported that he attended the Public Information meeting on September 30; the TML Legislative Session on September 27; the Clean Cities 2000 in Austin on October 1; and the Special Council meeting and public hearings on October 7th. Councilmember Tetens reported that he attended the Public Information meeting on September 30; the City Facilities Tour on October 1; and the Special Council meeting and annexation public hearings on October 7. Councilmember Beckman reported that she attended the TML Legislative Conference in Austin on September 27; the Site Analysis and Environmental Study Progress Report on September 30; MTI Ribbon cutting and the City Open House on October 1; Search Committee meeting for the Adult Reading Center on October 2nd; the Landscape Committee meeting on October 4th; and the Volunteer Fire Department Open House and 50th Anniversary celebration on October 5th; Lions Club breakfast on October 6; Special Council meeting and public hearings on October 7; Pearland Ministerial Alliance breakfast on October 8th; the Vision 20/20 Strategic Planning Committee meeting on October 9th; and the Hike & Bike Committee meeting on October 10th. Councilmember Beckman announced that the Candidates Night at C. J. Harris elementary tomorrow night, October 15th. Mayor Reid presented the award of appreciation which he received from the Volunteer Fire Department to City Manager Grohman, along with a book containing the history of the Fire Department. Mayor Reid announced that the retirement reception in honor of retiring County Commissioner Billy Joe Plaster and his wife will be held on November 2, 1996, at the Knights of Columbus Hall in Alvin. CITY MANAGER'S REPORT City Manager Paul Grohman reported that the City of Pearland will be hosting a State Women's tournament in July, 1997. He stated that we beat the City of Lubbock and the City of Waco. Mr. Grohman commended Ed Hersh on this achievement. He stated that the estimated number of attendees at the Facilities Tour was 150. Mr. Grohman commended Wendy Standorf on the fabulous job she did on the Facilities Tour. He also commended her for her participation on other projects such as the Employee Christmas party, and training classes. CITIZENS: 1. Linda Halsey -Bracewell - 308 W. Thomas, Pasadena, TX. addressed Council with regard to the annexation of the which occurred last year. She noted that there are oth property if the owners are not willing to dedicate it, shoul pursue it. Ms. Halsey -Bracewell emphasized that it was contact the owners in order to obtain the dedication of th 141 e Ms. Halsey -Bracewell Sandoval Subdivision er means of obtaining d the Council wish to the Council's job to property. 2. Bill Chase - 1504 Anthony Street. Mr. Chase presented the Council with a resolution on behalf of the Parks, Recreation & Beautification Board urging the Council to move forward with the implementation of the plans for Independence Park. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: SECOND 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.R.R. 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. SECOND 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.R.R. 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 DWELLING DISTRICT (R-1) AT THE REQUEST OF ROBIN D. ZAPALAC, OWNER; PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING 1 4 2 t" A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. SECOND 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.R.R. 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. SECOND READING OF ORDINANCE NO. 509-89 - 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 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.R.R. 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. SECOND 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.R.R. 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. 509-86, Ordinance No. 509-87, Ordinance No. 509-88, Ordinance No. 509-89, and Ordinance No. 509-90 on their second readings. The motion was seconded by Councilmember Tetens. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" - None. Motion passed 5 to 0. SECOND 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 adoption of Ordinance No. 450-20 on its second and final reading. The motion was seconded by Councilmember Tetens. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" - None. Motion passed 5 to 0. NEW BUSINESS: CALLING A SPECIAL CITY COUNCIL MEETING ON NOVEMBER 4, 1996, FOR ANNEXATION PUBLIC HEARINGS TO BE HELD AT 5:30 P.M. AND 6:30 P.M. City Manager Grohman explained that these two annexations involve parcels of land on SH 288 and one extending westward on FM 518. Councilmember Beckman made a motion to call a Special City Council meeting on November 4, 1996, for annexation public hearings to be held at 5:30 p.m. and 6:30 p.m. The motion was seconded by Councilmember Cole. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. .-- Voting "No" - None. 144 Motion passed 5 to 0. CHAMBER OF COMMERCE PARADE APPLICATION Police Chief Mike Hogg presented the Chamber's application fora request to have their Christmas parade on FM 518. The Citizens Police Academy Alumni Association will be manning the barricades during the parade. Gaylynn Naiser, Chamber of Commerce representative, thanked Police Chief Hogg for his assistance. She stated that the parade will end at YMCA Drive instead of Westminister as it did last year. The parade will take place on Saturday, December 7th and will begin at 6:30 p.m. Councilmember Richardson moved for the approval of the Chamber of Commerce Parade to be held on Saturday, December 7, at 6:30 p.m. The motion was seconded by Councilmember Wilkins. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" - None. Motion passed 5 to 0. AWARD OF RFP - OFFICIAL NEWSPAPER City Manager Grohman stated that proposals had been received from three newspapers, and he recommended that the Council award the RFP to the Pearland Reporter News at a rate of 48 cents per line. Councilmember Cole moved to award the RFP for the Official Newspaper to the Pearland Reporter News at a cost per line of 48 cents. The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" - None. Motion passed 5 to 0. AWARD OF RFP - CONCESSIONS AT CENTENNIAL PARK AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE RELATED AGREEMENT. Parks & Recreation Director Ed Hersh reported that two proposals had been received for this RFP, and he recommended that the proposal for the concessions be awarded to Taraiz's Gourmet. 145 Councilmember Beckman made a motion to award the RFP for the Concessions at Centennial Park to Taraiz's Gourmet for 20% -year one, 23% -year two, and 25% -year three and each additional year. The motion was seconded by Councilmember Tetens. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" - None. Motion passed 5 to 0. AWARD OF BID NO. B96-16 - CONSTRUCTION OF PAVEMENT AND DRAINAGE IMPROVEMENTS FOR OILER DRIVE/CENTENNIAL BLVD. FROM HIGHWAY 35 TO FM 518. City Engineer John Hargrove presented the bids received on this project and noted we had received excellent response. He recommended that the Council accept the bid submitted by Brown & Root in the amount of $2,511,139.02. Councilmember Cole moved to Award Bid No. B96-16 to Brown & Root in the amount of $2,511,139.02. The motion was seconded by Councilmember Tetens. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" - None. Motion passed 5 to 0. ACCEPT RECOMMENDATION FROM PEARLAND PLANNING & ZONING COMMISSION TO DENY APPLICATION SUBMITTED BY MELVIN DILLING, OWNER (APPLICATION NO. 80), REQUESTING ZONE CHANGE FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL DISTRICT (M-2). Councilmember Beckman moved to accept the recommendation from the Pearland Planning & Zoning Commission to deny the application submitted by Melvin Dilling (Application No. 80) requesting zone change from classification suburban development district (SD) to heavy industrial district (M-2). The motion was seconded by Councilmember Tetens. A lengthy discussion followed with regard to the reasons for denying this application and City Manager Grohman provided clarification stating that it was denied by the Planning & Zoning Commission because of its intended use for heavy industrial and not because the applicant was not present at the P&Z meeting. City Attorney Amy McCullough stated that she had spoken with the applicant and explained that the meeting would take place in the second floor conference room, but he chose not to attend the meeting. She further explained that the P&Z has acted on this item, and it was now up to the Council to either accept or vote otherwise. 46 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. 509-91 - 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 IN MULTI -FAMILY RESERVE "A", BLOCK 2, BEING 5.2087 ACRES OUT OF COBBLESTONE, A SUBDIVISION OF 36.074 ACRES AS RECORDED IN BRAZORIA COUNTY PLAT RECORDS, BRAZORIA COUNTY, TEXAS, IN VOLUME 19, PAGES 323 AND 324 (MAGNOLIA ROAD -APPLICATION #81) FROM CLASSIFICATION MULTI- FAMILY DWELLING DISTRICT (MF) TO SINGLE FAMILY DWELLING DISTRICT (R-2 PUD) AT THE REQUEST OF GERALD MUNGER OF CENTURY ENGINEERING, INC., AGENT FOR R & S LAND CO., INC., 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. FIRST READING OF ORDINANCE NO. 509-92 - 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 IN GENERAL BUSINESS RESERVE "B", BLOCK 2, BEING 3.6544 ACRES OUT OF COBBLESTONE, A SUBDIVISION OF 36.074 ACRES AS RECORDED IN BRAZORIA COUNTY PLAT RECORDS, BRAZORIA COUNTY, TEXAS, IN VOLUME 19, PAGES 323 AND 324 (MAGNOLIA ROAD & VETERANS ROAD -APPLICATION #82) FROM CLASSIFICATION GENERAL BUSINESS DISTRICT (GB) TO SINGLE FAMILY DWELLING DISTRICT (R-2 PUD) AT THE REQUEST OF GERALD MUNGER OF CENTURY ENGINEERING, INC., AGENT FOR R & S LAND CO., INC., 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 Richardson moved for the adoption of Ordinance No. 509-91 and Ordinance No. 509-92 on their first readings. The motion was seconded by Councilmember Cole. Mayor Reid read the letters of recommendation from the Planning & Zoning Commission regarding this zone application. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. 447 Voting "No" - None. Motion passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-94 - 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 LOT 34, A TRACT OF LAND BEING PART AND OUT OF WESTCHESTER ESTATES, A PARTITION IN THE H.T.&B. R.R. CO. SURVEY, ABSTRACT 242, IN BRAZORIA COUNTY, TEXAS (2812 MANVEL ROAD -APPLICATION #86) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF JESUS GARCIA, AGENT FOR SUSAN GARCIA, OWNER; PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Councilmember Tetens moved for the adoption of Ordinance No. 509-94 on its first reading. The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" - None. Motion passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-93 - 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 LOT 14, BLOCK 2, SKYWAY MANOR OF THE H.T.&B.R.R. CO. SURVEY, ABSTRACT 241, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDS RECORDED IN VOLUME 7, PAGE 67, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS (2934 PIPER ROAD -APPLICATION #83) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF JASPER WILLIS, 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. FIRST READING OF ORDINANCE NO. 509-95 - 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 r" LOCATED ON LOTS 5, 6 & 7 OUT OF WESTCHESTER ESTATES, A PARTITION OF 38.2531 ACRES OUT OF THE H.T.&B.R.R. CO. SURVEY, A-242, BRAZORIA COUNTY, TEXAS, (2850 WESTCHESTER CIRCLE -APPLICATION #87) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF JOYCE A. AND JACK D. MCGUFF, JR., OWNERS; PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. FIRST READING OF ORDINANCE NO. 509-96 - 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 LOT 16 BEING 6.0 ACRES OF LAND OF THE EAST ONE-HALF (E. 1/2) OF THE NORTHWEST ONE-QUARTER (NW. 1/4) OF SECTION 15, H.T.&B.R.R. CO. SURVEY, ABSTRACT 241, BRAZORIA COUNTY, TEXAS, AS SHOWN BY PLAT OF PARTITION RECORDED IN VOL. 441, PG. 265, DEED RECORDS, BRAZORIA COUNTY, TEXAS (6725 FITE ROAD -APPLICATION #88) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF LARRY D. AND TERESA A. HOOD, 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. 509-93, Ordinance No. 509-95, and Ordinance No. 509-96 on their first readings. The motion was seconded by Councilmember Tetens. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" - None. Motion passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 752 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING STOP SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON FITE ROAD IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH HATFIELD ROAD AND UPON FITE ROAD IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH HATFIELD ROAD (INTERSECTION LOCATED AT THE SOUTHWEST CORNER OF CORRIGAN SUBDIVISION); PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH STOP SIGNS AT INTERSECTIONS INURES TO THE BENEFIT OF THE TRAVELLING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Councilmember Cole moved for the adoption of Ordinance No. 752 on its first and only reading. The motion was seconded by Councilmember Tetens. Voting "Aye" - Councilmembers Cole, Wilkins;,:Richardson, Tetens and Beckman. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R96-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AGREEMENTS ASSOCIATED WITH THE "URBAN AND COMMUNITY FORESTRY PROGRAM" AND COMMITTING SHARED COST OF THE PROJECT AS DESCRIBED IN THE GRANT APPLICATION. Councilmember Wilkins moved for the adoption of Resolution No. R96-49. The motion was seconded by Councilmember Cole. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R96-50 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AND SUPPORTING THE ACCEPTANCE OF THE PROPOSED SENATE BILL BY SENATOR TOM HAYWOOD RETURNING FIVE CENTS FROM EVERY DOLLAR OF THE TEXAS STATE LOTTERY TICKET SALES TO THE CITY OR COUNTY IN WHICH THE TICKET IS SOLD. Councilmember Richardson motioned to deny Resolution No. R96-50. The motion was seconded by Councilmember Cole. Pros and cons were presented by several Councilmembers with regard to this resolution. Voting "Aye" - Councilmembers Cole, Richardson, Tetens and Beckman. Voting "No" - Councilmember Wilkins. Motion passed 4 to 1. FIRST AND ONLY READING OF ORDINANCE NO. 532-2 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 532, THE FLOOD HAZARD PREVENTION ORDINANCE, FOR THE PURPOSE OF COMPLYING WITH RECENT CHANGES IN FEMA REGULATIONS; PROVIDING A .�-- PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY, AS THE PROVISION OF 1 5 0 NATIONAL FLOOD INSURANCE BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF PEARLAND CITIZENS. Councilmember Tetens moved for the approval of Ordinance No. 532-2 on first and only reading. The motion was seconded by Councilmember Richardson. City Engineer John Hargrove presented this item for Council approval. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" - None. Motion passed 5 to 0. FIRST READING OF ORDINANCE NO. 181-4 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION 12-20, PREPARATION FOR COLLECTION, OF CHAPTER 12, GARBAGE AND TRASH, OF THE CITY OF PEARLAND CODE OF ORDINANCES, TO DEFINE TIME IN WHICH GARBAGE MAY BE PLACED FOR COLLECTION AND REQUIRING OWNER, OCCUPANT, OR LESSEE TO REMOVE LITTER OR DEBRIS CAUSED OR OCCURRING AS A RESULT OF PLACING GARBAGE FOR PICKUP; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Councilmember Beckman moved to deny Ordinance No. 181-4. The motion was seconded by Councilmember Richardson. After lengthy discussion, Councilmember Cole moved to table Ordinance No. 181-4. The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" - None. Motion passed 5 to 0 to table Ordinance No. 181-4. AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CLEARBROOK MUNICIPAL UTILITY DISTRICT FOR PURCHASE OF WATER AND SANITARY SEWER TREATMENT SERVICE. Councilmember Cole moved to authorize the City Manager to take this action. The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" - None. Motion passed 5 to 0. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE SECTION 551.074 - CONDUCT INTERVIEWS OF APPLICANTS WISHING TO SERVE ON THE PEARLAND PLANNING AND ZONING COMMISSION. Council recessed to Executive Session at 10:04 p.m. Council returned to Open Session at 11:38 p.m. NEW BUSINESS (CONTINUED): APPOINTMENT OF ONE (1) BOARD MEMBER TO THE PEARLAND PLANNING AND ZONING COMMISSION. Councilmember Beckman moved to appoint Mary Starr to the Pearland Planning and Zoning Commission. The motion was seconded by Councilmember Richardson. Voting "Aye" Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" - None. Motion passed 5 to 0. ADJOURNMENT Meeting was adjourned at 11:40 p.m. Mites approved as submitted and/or corrected this the 4:9aday of ? &Jr,&AAt� _, A. D., 1996. Tom Reid Mayor ATTEST: n � Yo a C. Benitez City Secretary 151