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1995-02-27 CITY COUNCIL REGULAR MEETING MINUTES220 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON FEBRUARY 27, 1995, 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 Mayor Pro Tem/Councilmember Councilmember Councilmember Councilmember Councilmember City Manager City Attorney Assistant City Secretary C. V. Coppinger David Smith D. A. Miller Richard Tetens Randy Weber Jerry Richardson Paul Grohman Amy McCullough Tommie Jean Vial Others in attendance: Assistant City Managers Glen Erwin and Richard Burdine; City Engineer John Hargrove; and Police Chief Mike Hogg. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Police Chief Mike Hogg. The Pledge of Allegiance was led by Councilmember Richardson. APPROVAL OF MINUTES It was moved by Councilmember Tetens, seconded by Councilmember Richardson, that the minutes of the public hearing of February 13, 1995, be approved as submitted. Motion passed 5 to 0. It was moved by Councilmember Tetens, seconded by Councilmember Richardson, that the minutes of the regular meeting of February 13, 1995, be approved as submitted. Motion passed 5 to 0. Mayor Coppinger reported that Council and staff had met with the Library Board earlier in the evening in a workshop and were provided with a home -cooked dinner. The topic of discussion was growth and future needs of the library. City Manager Grohman reported the City had received a preliminary bond rating of Class "A", which is the first time in the history of Pearland that this has been accomplished. This is due to a decrease in our tax rate over the last three years; passage of the 1/2(," sales tax; and reduction in our debt service. This is excellent news for our community, Mr. Grohman said. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 7:42 P. M. UNDER TEXAS GOVERNMENT CODE Mayor Coppinger read from the posted agenda the following topic to be discussed in Executive Session: UNDER SECTION 551.074 - DELIBERATION REGARDING PERSONNEL - Discussion of proposed termination of City Secretary. MEETING RETURNED TO OPEN SESSION AT 7:53 P. M. 221 NEW BUSINESS COUNCIL DECISION REGARDING PROPOSED TERMINATION OF CITY SECRETARY It was moved by Councilmember Richardson, seconded by Councilmember Tetens, to accept the recommendation of the City Manager to terminate the City Secretary. Motion passed 4 to 1. Councilmember Miller voting "No". AUTHORIZATION FOR CITY MANAGER TO APPOINT TOMMIE JEAN VIAL AS INTERIM CITY SECRETARY AND MARY HICKLING AS ASSISTANT CITY SECRETARY It was moved by Councilmember Richardson, seconded by Councilmember Weber, to authorize the City Manager to appoint Tommie Jean Vial as Interim City Secretary and Mary Hickling as Assistant City Secretary. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger voiced his regrets in not being able to attend the VFW Hall's 25th Birthday and the Library Board dinner. COUNCIL ACTIVITY REPORTS Councilmember Miller reported on his attendance last Monday at the Parks Board Meeting, which was held at the new recreation center at the Jr. High Campus East. He commended all those who were responsible for putting together such a fine facility. Councilmember Tetens reported he had attended a TriTech Regional reception for County Judges from Brazoria, Harris, and Galveston on February 15. The primary function of TriTech is to keep us in touch with our elected officials, informed Mayor Coppinger. City Manager Grohman informed Brazoria County Days in Austin would be March 27 and 28th. He said the purpose of this function is to meet our legislators, get to know them, their staff and the various other agencies of the State. This is a good setting in which to build bridges with our legislators, as well as with our other officials from the southern portion of Brazoria County. Councilmember Smith did not report. Councilmember Weber did not report. Councilmember Richardson reported on his attendance at the TriTech Regional reception on February 15. CITY MANAGER'S REPORT Upon request of the City Manager, Police Chief Mike Hogg officially presented and gave an overview of the Police Department's 1994 Annual Report. He said copies would be made available at the City Secretary's office and at the library. Chief Hogg thanked the local newspapers for publishing a number of the Police Department's good statistics and mentioned there were several graphic presenta- tions in the City's quarterly magazine, as well. City Manager Grohman reported, in our cooperative with the School District in trying to give our youth an alternative to gangs and off the streets, we are now fully staffed at our new Recreation Center. Both our Recreation Center Supervisor and the recently hired Recreation Specialist are professionals with degrees in recreation. Their expertise in recreation programs will help to fight juvenile crime, Mr. Grohman said. Continuing his report, Mr. Grohman informed we now have a verbal 222 agreement with the Harris County Flood Control District to take over the maintenance of the Green Tee Channel, which will help to alleviate some of our flooding issues. The Corp of Engineers' project, to clean Clear Creek from Highway 45 back to the Fort Bend County line, will begin immediately. Mr. Grohman also reported on the sidewalk replacement program, which is currently in progress in some of the older subdivisions; the new up to standard Animal Shelter that is being built; and the expansion of the Service Center. Continuing, he said we are currently out to bid on the $1 million -plus Centennial Park Project which will be an enhancement to our community; the Hickory Park/Retention project should be completed within the next 60 days; and participation in our park and recreation programs has increased four -fold. Mr. J. R. Nail, Superintendent of Drainage District No. 4 was recognized from the audience. He informed since last July the District has had equipment at both Mary's Creek and Clear Creek working on drainage projects. B.C.D.D.#4 serves the residents both inside and outside the City limits. A proclamation proclaiming March 5-11, 1995 as Severe Weather Awareness Week in Pearland was presented by Mayor Coppinger to City Manager Paul Grohman, Certified Emergency Manager, and Police Chief Mike Hogg. Steve Friedman, from the American Red Cross, was recognized from the audience. CITIZENS 1. John D. Mark, 2029 Isla Drive, Pearland, Texas. Mr. Mark read from a prepared statement, indicating that he owns four acres in Woods Estate on Yost Road, which is across the creek from the proposed site of the drilling of a oil well in Green Tee by A.N.A. He wanted to encourage the City to allow the horizontal drilling of the well on the property on the Brazoria County side of Clear Creek, including Woods Estate, and cited his reasons for this request. 2. Daphne Hereford, 2904 Yost Road, Pearland, Texas. Ms. Hereford declined to speak. 3. L. B. Lyon, 5013 Apple Springs, Pearland, Texas. Mr. Lyon declined to speak. 4. Frances Jamison, 2417 East Broadway, Pearland, Texas. Ms. Jamison read from a prepared statement, indicating that she wished to negotiate rather than to litigate regarding the judgment the City has against her and the subsequent lawsuit she has against the City. UNFINISHED BUSINESS ORDINANCE NO. 686, ANNEXING LAND INTO THE CITY Ordinance No. 686 was read in caption by Councilmember Richardson. It was moved by Councilmember Richardson, seconded by Councilmember Weber, that Ordinance No. 686 be passed and approved on second and final reading. Said Ordinance No. 686 reads in caption as follows: ORDINANCE NO. 686 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 228 BOUNDARIES; 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. Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber, and Richardson Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 509-58, AMENDING LAND USE ORDINANCE AT REQUEST OF DANIEL GUILLEN, AGENT, FROM M-1 TO GB Ordinance No. 509-58 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Richardson that Ordinance No. 509-58 be passed and approved on second and final reading. Said Ordinance No. 509-58 reads in caption as follows: ORDINANCE NO. 509-58 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 AIRPORT SITES SUBDIVISION FROM CLASSIFICATION LIGHT INDUSTRIAL DISTRICT (M-1) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF DANIEL GUILLEN, 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. Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 509-59, AMENDING LAND USE ORDINANCE AT REQUEST OF DANIEL GUILLEN, AGENT, FOR A SPECIFIC USE PERMIT TO ALLOW SINGLE FAMILY DWELLINGS IN A GENERAL BUSINESS DISTRICT Ordinance No. 509-59 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Ordinance No. 509-59 be passed and approved on second and final reading. Said Ordinance No. 509-59 reads in caption as follows: ORDINANCE NO. 509-59 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 GRANTING A SPECIFIC USE PERMIT TO ALLOW SINGLE FAMILY DWELLINGS IN A GENERAL BUSINESS DISTRICT (GB) UPON CERTAIN TRACTS AND PARCELS OF LAND LOCATED IN AIRPORT SITES SUBDIVISION AT THE REQUEST OF DANIEL GUILLEN, 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. Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber, and Richardson. 224 Voting "No" None. Motion passed 5 to 0. ORDINANCE NO. 687, ALLOWING PRIOR SERVICE CREDIT TO EMPLOYEES FOR PREVIOUS SERVICE NOT CREDITED FROM ANY INCORPORATED CITY Ordinance No. 687 was read in caption by Councilmember Tetens. It was moved by Councilmember Tetens, seconded by Councilmember Smith that Ordinance No. 687 be passed and approved on second and final reading. Said Ordinance No. 687 reads in caption as follows: ORDINANCE NO. 687 AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, RESTRICTED PRIOR SERVICE CREDIT TO EMPLOYEES WHO ARE MEMBERS OF THE SYSTEM FOR SERVICE PREVIOUSLY PERFORMED FOR ANY INCORPORATED CITY IN THE UNITED STATES OR ANY COUNCIL OF GOVERNMENTS IN TEXAS FOR WHICH SUCH EMPLOYEES HAVE NOT RECEIVED CREDITED SERVICE IN THIS SYSTEM; AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE. Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 688, AUTHORIZING CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE SOUTHWEST REGIONAL WASTEWATER TREATMENT PLANT Ordinance No. 688 was read in caption by Councilmember Miller. It was moved by Councilmember Miller, seconded by Councilmember Tetens that Ordinance No. 688 be passed and approved on second and final reading. Said Ordinance No. 688 reads in caption as follows: ORDINANCE NO. 688 AN ORDINANCE DETERMINING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF FEE SIMPLE TITLE TO APPROXIMATELY 936,500 SQUARE FEET OF LAND, OR APPROXIMATELY 21.5 ACRES, EAST OF COUNTY ROAD 89 ALONG THE NORTH LINE OF PROPOSED SOUTHFORK DRIVE, H.T.& B.R.R. COMPANY SURVEY, ABSTRACT 547, IN PEARLAND, BRAZORIA COUNTY, TEXAS, FOR THE SOUTHWEST REGIONAL WASTEWATER TREATMENT PLANT AND ASSOCIATED PURPOSES; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN AND TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. Assistant City Manager Richard Burdine, using the overhead projector, pointed out the location of the existing wastewater treatment plant that is in Southwyck Subdivision. He stated that this plant is in the process of being expanded and has a discharge permit for ultimately two million gallons. The location of the proposed plant is adjacent to future Southfork Drive, with access from County Road 89. He said this site was selected primarily because there is an existing wastewater plant next to it. City Engineer John Hargrove explained this proposal is an effort to find a sizeable plant to take care of the wastewater from the southwest part of Pearland down to a regional plant site in Manvel and Alvin. He said Staff contacted the engineer and developer some one and one-half years ago regarding this site because of Texas 225 Natural Resource Conservation Commission's desire to regionalize wastewater treatment anywhere possible. The plant proposed will serve approximately 27 square miles and has a maximum capacity of ten million gallons a day; however, this particular value would not occur for approximately 50 years. Also, TNRCC requires that the location must have a 150' buffer, and then another 150' buffer must be added in order not to impact the adjacent land. City Engineer Hargrove pointed out the land must be dedicated to _-_ remain open space and said it must be platted that way. TNRCC will place certain planting and earth berm restrictions for shielding. A security fence is proposed to be built around the area with sound buffer. Additionally, Mr. Hargrove said that the wastewater streams are built in "trains" and this drawing has four "trains", with each representing two million gallons a day capacity. If any particular "train" is down, then wastewater flow can be diverted to another "train", without any problems. Another advantage to building at this location is that these "trains" will ultimately connect to the wastewater plant that is already built there, reducing the potential of an obnoxious upset from the existing plant. He said this is the best site for the plant. Mr. Hargrove also said that Brazoria County MUD #1 holds the permit for the wastewater plant which has been in existence for a number of years. Further, Mary's Creek is our greatest chance in which to discharge into live water. If condemnation is approved tonight, the legal process would take several months. City Engineer Hargrove said we must own the land before we can apply for a permit amendment, which would entail going through TNRCC's design reviews. Construction would then begin after the permit amendment is granted. Continuing, Mr. Hargrove said the present wastewater plant at this site has recently been expanded to a half million gallons a day and that MUD #1 is currently looking at further expansion based on the aggressive home sales program in progress. Before any construc- tion, the existing wastewater plant would have to be built out, with still another half a million gallons to go. It was also pointed out that eventually the City will annex MUD No. 1. City Manager Grohman said the condemnation process would take five to eight months. Citizen Input• 1. Cynthia J. Tittle, 4619 Russett Place South - Ms. Tittle voiced her objections to the proposed plant and wanted to know if other sites have been considered. She said they are not even in the City and do not get City services, but that they are expected to accept a regional plant in their subdivision. 2. Alan Bauer, 7676 Woodway, Houston, Texas - Mr. Bauer said he represented the developer and owner of Southwyck. He said they have talked to the City in the past about this site and have declined this location as a good site for this particular use. He also said that the community of Southwyck would be better off to be allowed to develop as approved by the City of Pearland. Mr. Bauer further said, in the creation of the district, the City had agreed to allow the property to be developed as residential property and as a master planned community. Also, he said by removing this property from the tax base that it would seriously have an impact on the district, as well as the loss of values from homes that could not be constructed on this property, which could amount to some $11 million. He said they will take legal steps to fight this condemnation and suggested the City look at other sites. City Manager Grohman said Staff has looked at other sites and this is the best location, since there is already an existing sewer plant. Continuing, he said that TNRCC consistently tries to get cities, counties, MUDs to regionalize. Mr. Grohman offered to have a representative from TNRCC to discuss sewer plants and that he 1�j would be glad to set up a tour of one of our sewer plants for those people who have concerns. 3. James C. Alexander, 17023 Windy Pine Drive, Spring, Texas, Senior Vice President of General Homes. Mr. Alexander informed when Southwyck was developed many years ago, it was their intent to have a master planned community and that no plans were submitted to the City proposing a regional sewage treatment plant in Southwyck. He also said their customers deserve better since they bought homes based on the understanding and approval with the City of how Southwyck would be developed, and that now the City is making a drastic change. Continuing, Mr. Alexander said they could not sell houses next to a sewage treatment plant and they, as a company and Southwyck as a whole, would, therefore, suffer severe economic harm. He said they already have signed contracts from customers who were not aware of the first City Council meeting and have now threatened cancellation of their contracts if the City approves this item tonight. In conclusion, Mr. Alexander said they have engaged legal counsel on the recovery of any economic damages they will suffer. 4. Steven Buxbaum, 23 E. Shady Lane, Houston, Texas, attorney for General Homes. Mr. Buxbaum informed that General Homes was the original developer of Southwyck and is still a significant builder there. He said they own a number of lots in Section III of Southwyck, and are building model homes and selling homes to families now on lots already developed. They also have commitments to buy additional lots from the developer. Mr. Buxbaum also said placing this sewer plant in this proposed location that it will have a severe economic effect on the ability of the company to sell the lots they have bought and on those they have committed to buy. Continuing, he said that the City had approved plats for Section III, including all the lots adjoining the north portion of the boundary of this site where they are now building model homes. Mr. Buxbaum said it is obvious the City knew of this proposed sewer plant site at the time of plat approval and allowed the developer, General Homes and other builders to make the economic investment to their detriment. Continuing further, he said this is the prime time of the year for home builders and if Council does not take action to cancel this action tonight or if they delay action, homes will not be bought and built and they will miss the whole season. In conclusion, Mr. Buxbaum asked the Council to reconsider and terminate this ordinance tonight. 5. Tina Jameson, 13313 Southwest Freeway, Houston, Texas. Ms. Jameson informed she is with CIA Services, the management company for Southwyck Section I Homeowner's Association. She said her office has received numerous phone calls on this issue and that they do not want a sewage treatment plant in their neighborhood. Ms. Jameson said the questions she has received were how was the City able to take in an area outside of the City limits and what other locations have been considered. She said the people in the community of Southwyck would work very hard to stop this plant. She also said that maybe the City does have the best technology, but that prospective home buyers will not want to wait purchasing a home to find out what type of technology that the City really has; they would just look elsewhere to buy and the other homeowners would try to sell the homes they now have just to get out. In conclusion, Ms. Jameson urged Council to reconsider. 6. Charles Dippel, 55 Waugh Drive, Suite 603, Houston, Texas. Mr. Dippel informed he was an attorney representing Southwyck III Limited, which owns the tract of land in question. Mr. Dippel questioned whether other sites had been considered and if a definitive study had been performed by a consultant. He said he had not seen nor heard any definitive information to indicate this is the best site nor that this site is needed 2.27 now, and pointed out that this ordinance for second reading tonight determines the public necessity and need for this particular site now. He said from what he has heard is that there is 1.5 million capacity not yet built at the existing sewage treatment plant site. He said Council should consider the need for the additional site when the present site still has a 1.5 million capacity remaining, and asked that a study be undertaken to determine the need and whether there is an alternative. 7. Lance Monroe, 4302 Morris Court, Pearland, Texas, declined to speak. 8. Jim Ruppenthal, 4410 Leyland Drive, Pearland, Texas. He stated he has a Pearland address and shops in Pearland, but doesn't see the presence of the Pearland police in his neighborhood nor has he seen any Councilmembers. He said he has been a resident of Southwyck since 1986 and that he loves living there. He questioned whether a regional plant would take in industrial waste, which was a particular concern of his. He asked Council to table or stop this action. 9. John A. Hesse, 4531 Brookren Court, Pearland, Texas. Mr. Hesse stated this was a very important issue and needs to be handled correctly. He asked if Council would like this to be in their neighborhood or if they would swim in the water coming out of the plant. He said one day the City would annex Southwyck and reminded Council that they were elected officials and that the residents of Southwyck would be voters in the City, and to consider this in their action tonight. 10. Lindsey C. Johnson, 4930 Northfork, Pearland, Texas. Mr. Johnson stated he has been a resident of Pearland for six and one-half years. He said he didn't think any of Council would consider moving its family to Southwyck next to a sewer plant. He also said it would have an adverse impact on the neighborhood and on taxes, since it will lower property values and there would be flight from the subdivision if this is approved. He cited noise and smell pollution in spite of the buffer area, and that the facility would be literally in the backyards of the neighborhood. Continuing, Mr. Johnson said while it was true the City would annex them on down the line, the residents would feel the effects immediately. It will be economically devastating to the community to have the facility there. He said the developers have spent large sums of money, maybe even millions, developing this community in accordance with the City's own rules and regulations and that this is a breach of a good faith contract the City made with the developers and the community. In conclusion, he strongly urged the Council to consider relocation of this facility to another location; and said their community is united and were prepared to fight this legally, financially and even by their influence at the ballot box. 11. Chris Lawrence, 4603 Russet Place. He questioned why they received only half a day's notice of this meeting if the City was concerned about informing the populace outside the City. Secondly, he said the reason for the existing facility is that their community decided to take care of their own waste. Mr. Lawrence also questioned if TNRCC wants to regionalize, why weren't they down here taking the land and building a facility instead of the City of Pearland. He said the answer was simple, that it would primarily benefit the citizens of Pearland. He also said the reason for the City saying this is the best site is that really the City might think it is the easiest and cheapest site, but, with the changing of the takings laws, making it possible to recover damages, the City may not have made the right economic analysis. The best economic decision would be to choose a site not adjacent to improved property, Mr. Lawrence stated. Also, the City would be taking 21-1/2 acres of land that could be used for improved W property, resulting in a tremendous loss of taxable revenue when the City does annex this community. After a short discussion regarding this issue, the maker and the seconder withdrew their motion to approve second reading of Ordinance No. 688. It was moved by Councilmember Weber, seconded by Councilmember Richardson to table Item No. 5, second reading of Ordinance No. 688, and to authorize staff to begin to search out other alternatives and return at a later date with a recommendation. The maker and the seconder amended their motion to include notifying the adjacent landowners when a decision is made on a future site and impending action. Motion passed 5 to 0. NEW BUSINESS: (CONTINUED) RESOLUTION NO. R95-12, CHANGING THE DATE OF THE SECOND REGULAR COUNCIL MEETING IN MARCH, DUE TO BRAZORIA COUNTY DAYS AT THE LEGISLATURE Resolution No. R95-12 was read in caption by Councilmember Richardson. It was moved by Councilmember Richardson, seconded by Councilmember Smith that Resolution No. R95-12 be passed and approved on first and only reading, with the first and second meetings in March to be held on March 13, 1995. Said Resolution No. R95-12 reads in caption as follows: RESOLUTION NO. R95-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE SECOND REGULAR MEETING DATE IN MARCH, 1995, DUE TO BRAZORIA COUNTY DAYS AT THE TEXAS LEGISLATURE IN AUSTIN, TEXAS. Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 509-60, AMENDING LAND USE ORDINANCE AT THE REQUEST OF JASON METOYER, AGENT, FOR RENEE WEST, OWNER, FROM CLASSIFICATION SD TO R-4 City Attorney Amy McCullough explained that the field notes submitted by the agent for Renee West were in error; therefore, it was her recommendation that Council disapprove the reading of Ordinance No. 509-60. Ms. McCullough stated Renee West was apprised of this problem and is making arrangements to have correct field notes submitted with a new application to start the process over. It was moved by Councilmember Weber, seconded by Councilmember Tetens, that Ordinance No. 509-60 be disapproved. Said Ordinance No. 509-60 reads in caption as follows: ORDINANCE NO. 509-60 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 SOUTH OF WEST OAKS SUBDIVISION FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-4) AT THE REQUEST OF JASON METOYER, REKHA ENGINEERING, INC., AGENT FOR RENEE WEST, WEST DEVELOPMENT, 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. Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber, and Richardson Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 509-61, AMENDING THE LAND USE ORDINANCE AT THE REQUEST OF JASON METOYER, AGENT FOR RENEE WEST, OWNER, FROM CLASSIFICATION SD TO R-3 Ordinance No. 509-61 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Ordinance No. 509-61 be passed on its first reading. Said Ordinance No. 509-61 reads in caption as follows: ORDINANCE NO. 509-61 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 SOUTH OF WEST OAKS SUBDIVISION FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT THE REQUEST OF JASON METOYER, REKHA ENGINEERING, INC., AGENT FOR RENEE WEST, WEST DEVELOPMENT, 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. Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber and Richardson. Voting "No" - None. Motion passed 5 to 0. BID NO. B94-25, HYDE PARK TREE PLANTING AND BEAUTIFICATION PROJECT City Attorney Amy McCullough informed that Bid No. B94-25 had been awarded by Council in a previous meeting to Lacy Hollow Landscaping for the Hyde Park Tree Planting and Beautification Project. Subsequent to that time, the City Secretary realized she had misplaced the bid from Wayne Smith Liveoaks Farms, Inc. However, their bid was neither competitive nor complete as submitted, Ms. McCullough said, and, therefore, would not have been considered nor awarded had it been included in the tabulation at that time. Under the circumstances, Ms. McCullough recommended that Council ratify its earlier decision since the misplacement of the bid would not have affected the outcome. It was moved by Councilmember Tetens, seconded by Councilmember Smith to ratify the awarding of Bid No. B94-25 to Lacy Hollow Landscaping for Hyde Park Tree Planting and Beautification Project. Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens, and Miller. on �J0 Voting "No" - None. Motion passed 5 to 0. BID NO. B95-2, AUTHORIZATION FOR CITY MANAGER AND STAFF TO REJECT BIDS SUBMITTED FOR RADIO DISPATCH CONSOLES (BID NO. B95-2) AND TO RE -OPEN BIDDING AT LATER DATE City Manager Paul Grohman informed that the former City Secretary had misplaced an appropriate and competitive bid and due to some potential legal ramifications, requested Council to rebid this item. City Attorney McCullough clarified by saying that the submitter of the overlooked bid, when apprised of this error, asked that their bid not be opened. It was the City Attorney's recommendation to reject the bids and to rebid. It was moved by Councilmember Tetens, seconded by Councilmember Richardson, to authorize the City Manager and Staff to reject bids submitted for Bid B95-2 and to re -open bidding on this equipment at some future date. Voting "Aye - Councilmembers Miller, Tetens, Smith, Weber, and Richardson. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R95-13, A RESOLUTION AND ORDER OF CITY COUNCIL REPEALING RESOLUTION NO. R95-8 Resolution No. R95-13 was read in caption by Mayor Coppinger. City Attorney Amy McCullough informed Resolution No. R95-8 had been approved in the last Council meeting, which names the former City Secretary as the Early Voting Clerk and Tommie Jean Vial and Sharon Parks as Deputy Clerks in the May, 1995 election. Ms. McCullough said, because of the previous action from Executive Session tonight and because the resolution must be published in the newspaper, and so as not to confuse the voters, it was her recommendation to repeal Resolution No. R95-8 in its entirety and pass a resolution naming Tommie Jean Vial as Early Voting Clerk and Sharon Parks and Mary Hickling as Deputy Clerks. It was moved by Councilmember Tetens, seconded by Councilmember Miller that Resolution No. R95-8 be repealed. Said Resolution No. R95-13 reads in caption as follows: RESOLUTION NO. R95-13 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING RESOLUTION NO. R95-8, CONTAINING A SAVINGS CLAUSE AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber, and Richardson. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R95-14, ORDERING THE HOLDING OF A REGULAR CITY OFFICERS' ELECTION ON THE SIXTH DAY OF MAY, 1995, TO ELECT TWO MEMBERS OF THE CITY COUNCIL FOR THE CITY OF PEARLAND, TEXAS; ESTABLISHING POLLING PLACES; NAMING CLERKS; AND ESTABLISHING PROCEDURES FOR SAID REGULAR CITY OFFICERS' ELECTION Resolution No. R95-14 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Resolution No. R95-14 be adopted. 231 Said Resolution R95-14 reads in caption as follows: RESOLUTION NO. R95-14 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING THE HOLDING OF A REGULAR CITY OFFICERS' ELECTION ON THE SIXTH DAY OF MAY, 1995, FOR THE PURPOSE OF ELECTING TWO MEMBERS OF THE CITY COUNCIL IN AND FOR THE CITY OF PEARLAND, TEXAS; ESTABLISHING POLLING PLACES; NAMING CLERKS; AND ESTABLISHING PROCEDURES FOR SAID REGULAR CITY OFFICERS' ELECTION. Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. ADJOURNMENT The meeting adjourned at 10:10 P.M. Minutes approveoas submitted and/or corrected this day of A.D., 1995. David Smith May-oP Mayor Pro -Tem ATTEST: Tommie Jean Via Interim City Secretary