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1996-11-25 CITY COUNCIL REGULAR MEETING MINUTES197 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 25, 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 Manager Richard Burdine; City Engineer John Hargrove; Police Chief Mike Hogg; Parks & Recreation Director Ed Hersh; and Director of Administrative Services Mary Hickling. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by City Manager Paul Grohman and the Pledge of Allegiance was led by Boy Scout Troop 16. APPROVAL OF MINUTES Councilmember Tetens moved that the minutes of the Joint Public Hearing held on November 11, 1996, 6:30 p.m., be approved as presented. The motion was seconded by Councilmember Richardson. Motion passed 5 to 0. Councilmember Tetens moved that the minutes of the Regular Meeting held on November 11, 1996, 7:30 p.m., be approved as presented. The motion was seconded by Councilmember Richardson. Motion passed 5 to 0. N 9 E` MAYOR'S ACTIVITY REPORT Mayor Reid, along with Councilmember Kevin Cole, Councilmember Larry Wilkins, City Manager Paul Grohman, and Parks & Recreation Director Ed Hersh, presented a proclamation to the Future Homemakers of America of Pearland High School in recognition of "Celebrate Families Day" which will take place on November 27, 1996. Mayor Reid recognized the members of Troop 16 who were attending the Council meeting as a requirement of their community merit badge for the rank of Eagle scout. Mayor Reid reported on his activities during the past two weeks including: TML annual meeting in Corpus Christi on November 13-17; meeting with Houston City Councilmember Rob Todd on November 18; HGAC Board of Directors meeting and Chamber of Commerce Open House at Pearland State Bank November 19; Brazoria County Tax Abatement Review and Advisory Committee meeting, Chamber of Commerce monthly meeting, and BCCA meeting on November 20; Gulf Coast Water Authority Board meeting on November 21; Employee Leadership Graduation ceremony on November 22; and the Brazoria County Commissioners Court meeting on November 25. COUNCIL ACTIVITY REPORTS Councilmember Cole reported that he attended the TML Annual conference from November 14-16; a meeting with Houston City Councilmember Rob Todd on November 18; the Chamber luncheon on November 20; and the EPL graduation on November 22. He commended all of the city employees for their commitment to the EPL program. Councilmember Wilkins reported that he attended the grand opening of the Sisters of Charity Memorial Medical Center on November 16; and the Chamber of Commerce Mixer at Pearland State Bank on November 19. Councilmember Richardson reported that he attended the TML Annual meeting in Corpus Christi on November 13-16; gave presentations on Career Day at the junior highs on November 18; Tree Placement Committee meeting on November 19; attended the Chamber luncheon where Billie Everett was honored on her 20th anniversary on November 20; and the Effective Personal Leadership Graduation on November 22nd. Councilmember Tetens reported that he attended the TML conference in Corpus Christi on November 13-16 where he attended a tour of city facilities which included a thermal energy storage project and the natatorium; and the BCCA meeting in Angleton on November 20. Councilmember Beckman reported that she attended the Adult Reading Center Board meeting on November 13; went to the TML conference in Corpus Christi on November 13-16 and she provided information concerning Clean Cities 2000; Clean Pearland Board meeting on November 18; Governor's Committee on Landscaping on November 19; attended the Chamber luncheon honoring Billie Everett and the BCCA meeting in 199 Angleton on November 20; the Hike & Bike Committee meeting on November 21; and the EPL Graduation on November 22. CITY MANAGER'S REPORT City Manager Paul Grohman presented a report regarding the water lines for Lawhon Elementary and they should be operational within a short time. The Garden Road Water Plant is well underway. Mr. Grohman announced that the groundbreaking for the Southwest Environmental Center will be held on December 14th at noon. He also reported that equipment will be moved to the David L. Smith site very soon and work will commence on the retention ponds in that area. City Manager Grohman stated that applicants are being interviewed for the Finance Director position. CITIZENS: None DOCKETED PUBLIC HEARING: Annexation Public Hearing - SH 288 CALL TO ORDER: The annexation public hearing for SH 288 was called to order at 8:16 p.m. PURPOSE OF HEARING: PROPOSED ANNEXATION To consider the proposed annexation of 1,385 acres, more or less, located in the D. White Survey, Abstract No. 747; the W. W. Dupuy & L. Roberts Survey, Abstract No. 726; the T.C.R.R. Co. Survey, Abstract No. 678; the William Morris Survey, Abstract No. 344; the H.T.&B. RR Co. Survey, Section 85, Abstract No. 304; the John W. Maxcy Survey, Abstract No. 675; the H.T.&B. RR Co. Survey, Section 81, Abstract No. 300,; the R. B. Lyle Survey, Abstract No. 539; the R. B. Lyle Survey, Section 88, Abstract No. 540; and the O. Pitts Survey, Abstract No. 717 of Brazoria County, Texas. Assistant City Manager Richard Burdine reviewed a map of the area involved in the proposed annexation. STAFF REVIEW OF PROPOSED SERVICE PLAN: City Manager Paul Grohman reviewed the proposed service plan for the area. CITIZEN COMMENTS: None. COUNCIL/STAFF DISCUSSION 0 None. ADJOURNMENT OF DOCKETED PUBLIC HEARING: The annexation public hearing was adjourned at 8:26 p.m. Council returned to Regular Open Session at 8:26 p.m. UNFINISHED BUSINESS: SECOND READING OF ORDINANCE NO. 754 - AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; 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 (PINE OAKS). Councilmember Beckman moved for the adoption of Ordinance No. 754 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. SECOND READING OF ORDINANCE NO. 755 - AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; 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 (SH 35 AND DIXIE FARM ROAD). Councilmember Tetens moved for the adoption of Ordinance No. 755 on its second and final reading. The motion was seconded by Councilmember Cole. CITIZENS: 1. Johnny Wallace - . Mr. Wallace stated that he feels enough time was not given to the residents to prepare for the annexation. He noted that the vote on issues before Council should be in "written" form so that it is private and more evenly done. Mr. Wallace also stated that he feels that the annexation 201 was not handled fairly, that the citizens should have a vote on the matter, that the water and sewer should be put in prior to proceeding with the annexation. 2. Henrietta Smith - Rt. 3, Box 307, Alvin, Tx. Mrs. Smith echoed some of Mr. Wallace's comments with regard to the way the residents were treated concerning the annexation proceedings. She stated that she still wants to be in the "country". 3. Vernon Smith - Rt. 3, Box 307, Alvin, Tx. Mr. Smith asked which Councilmember would be representing their newly annexed area and he was informed that the Council is elected "at large". He then stated that some questions had been asked at the previous meeting to which they had not yet received answers and he asked when they would be getting those. Mr. Smith wanted to know how many annexations have been done in the last ten years, how much acreage or territory has been taken in, and how many of these areas have received water and sewer to date. He noted that it is his feeling that their words and comments are falling on "deaf ears" and stated that if the water and sewer is not installed as promised, the residents will take appropriate action. 4. Mary Price - Rt. 3, Box 350, Alvin, Tx. Mrs. Price stated that she did not feel they were treated fairly, that they had been lied to, and that the city had hurt many families by the way they handled the annexation. She stated that there is a communication problem in city hall that needs to be addressed. Mrs. Price added that she had more questions which she required answers to, such as: 1) "How do we go about increasing the speed limit back to 55 mph on SH 35?" City Manager Grohman replied that the State had changed the speed limit because SH 35 is a state highway and the City has nothing to do with that. He stated that he would look into the allegations that Pearland police officers were stopping people in this area prior to the annexation. 2) "How do I go about getting the county roads that our ancestors lived on named after some of our ancestors?" Mr. Grohman stated that suggestions for street names should be submitted to him in writing as soon as possible. 5. Clyde Lovewell - . Mr. Lovewell stated that he owns a trucking company and owns five acres on County Road 128. He noted that he was not aware of the annexation proceedings until last week. Mr. Lovewell noted his opposition to the annexation because he wants to live in the country and does not want to live in either Pearland or Alvin. He plans to sell his property as soon as possible if the annexation goes through. 6. Johnny Wallace - . Mr. Wallace noted that there are 23 homesites in the area being annexed which includes one church, 13 businesses, 45 adults, and 8 children. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" - None. Motion passed 5 to 0. SECOND READING OF ORDINANCE NO. 509-100 - 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 ANIMAL HUSBANDRY IN A SINGLE FAMILY DWELLING DISTRICT (R-1) ON LOT 16 BEING 6.0 ACRES OF LAND OF THE EAST ONE-HALF (E 1/2) OF THE NORTHWEST ONE -QUARTER (NW 1/a) 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 HATFIELD RD.-SPECIFIC USE NO. 45) ON 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 Richardson moved for the adoption of Ordinance No. 509-100 on its second and final reading. The motion was seconded by Councilmember Cole. Voting "Aye" - Councilmembers Cole, Richardson and Beckman. Voting "No" - Councilmember Tetens and Wilkins. Motion passed 3 to 2. Council recessed at 8:50 p.m. Council returned to regular session at 8:58 p.m. NEW BUSINESS: FIRST READING OF ORDINANCE NO. 756 - AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; 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 (FM 518). Councilmember Wilkins moved for the adoption of Ordinance No. 756 on first reading. The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. 203 Voting "No" - None. Motion passed 5 to 0. FIRST READING OF ORDINANCE NO. 757 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, FINDING THAT THE CITY HAS ESTABLISHED GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT PURSUANT TO RESOLUTION NO. R96-12; FINDING THAT A REINVESTMENT ZONE HAS BEEN CREATED PURSUANT TO ORDINANCE NO. 728 IN ACCORDANCE WITH THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT; FINDING THAT THE IMPROVEMENTS SOUGHT BY TEXAS HONING, INC. ("TEXAS HONING") IN SAID REINVESTMENT ZONE ARE FEASIBLE AND PRACTICAL AND WOULD BE A BENEFIT TO THE LAND IN THE ZONE AND THE MUNICIPALITY AFTER EXPIRATION OF THE TAX ABATEMENT AGREEMENT WHICH GRANTS TAX ABATEMENT TO TEXAS HONING; GRANTING A VARIANCE IN ACCORDANCE WITH SECTION 3(f) OF THE GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT; AND AUTHORIZING THE CITY MANAGER TO SIGN TAX ABATEMENT AGREEMENTS WHEN APPROVED BY THE CITY COUNCIL; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Councilmember Cole moved for the adoption of Ordinance No. 757 on its first reading. The motion was seconded by Councilmember Tetens. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" - None. Motion passed 5 to 0. AWARD OF BID NO. B96-21 - ELECTRICAL SERVICES Councilmember Richardson moved to award Bid No. B96-21 to R & B Electric according to the fee schedule attached to the recommendation. The motion was seconded by Councilmember Cole. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" - None. Motion passed 5 to 0. AWARD OF BID NO. B96-18 - EXTENDED CAB PICK-UP Upon recommendation from staff, Councilmember Cole moved to award Bid No. B96-18 to Ron Carter in the amount of $24,276.70 with a $1,185 extended warranty. The motion was seconded by Councilmember Richardson. 204 Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" - None. Motion passed 5 to 0. AWARD OF BID NO. B96-20 - POLICE VEHICLES Police Chief Mike Hogg presented this item for Council consideration and approval, and recommended that Bid No. B96-20 be awarded to McRee Ford in the amount of $179,720. Councilmember Beckman moved to award Bid No. B96-20 to McRee Ford in the amount of $179,720. The motion was seconded by Councilmember Wilkins. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" - None. Motion passed 5 to 0. AWARD OF BID NO. B96-22 - 3/4 TON PICK-UPS Councilmember Richardson moved to award Bid No. B96-22 to Ron Carter in the amount of $17,821.41 with an extended warranty of $1,185 and a trade-in of $1100. The motion was seconded by Councilmember Cole. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" - None Motion passed 5 to 0. AWARD OF BID NO. B96-23 - MID -SIZED PICK-UP Councilmember Cole moved to award Bid No. B96-23 to Alvin Dodge in the amount of $14,613. The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" - None Motion passed 5 to 0. 20F ACCEPT RECOMMENDATION OF PEARLAND PLANNING & ZONING COMMISSION TO DENY APPLICATION SUBMITTED BY JIMMY AND ADRIENNE TAYLOR, OWNERS, (APPLICATION NO. 89), REQUESTING ZONE CHANGE FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-1) TO GENERAL BUSINESS DISTRICT (GB). Councilmember Cole moved to accept the recommendation of the Pearland Planning & Zoning Commission to deny Application No. 89. The motion was seconded by Councilmember Richardson. Mayor Reid read the letter of recommendation from the P & Z. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" - None. Motion passed 5 to 0. ACCEPT RECOMMENDATION OF PEARLAND PLANNING & ZONING COMMISSION TO DENY APPLICATION SUBMITTED BY BOBBY SHOTWELL, OWNER, (APPLICATION NO. 91), REQUESTING ZONE CHANGE FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1). Councilmember Wilkins moved to accept the recommendation of the Pearland Planning & Zoning Commission to deny Application No. 91. The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" - None. Motion passed 5 to 0. ACCEPT RECOMMENDATION OF PEARLAND PLANNING & ZONING COMMISSION TO DENY APPLICATION SUBMITTED BY GREG G. GARDIOL, OWNER, (APPLICATION NO. 92), REQUESTING ZONE CHANGE FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-1) TO GENERAL BUSINESS DISTRICT (GB). Councilmember Richardson moved to accept the recommendation of the Pearland Planning & Zoning Commission to deny Application No. 92. The motion was seconded by Councilmember Cole. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" - None. Motion passed 5 to 0. 206 FIRST READING OF ORDINANCE NO. 509-101 - 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 A 1.6458 ACRE TRACT OF LAND BEING A 1.4246 ACRE TRACT OUT OF LOT 129 OF THE SUBDIVISION OF SECTION 1, A.C.H.&B SURVEY, ABSTRACT 147, BRAZORIA COUNTY, TEXAS, AND A 0.2212 ACRE TRACT BEING THE WEST 25 FEET OF AN ABANDONED 50 FOOT ROAD RIGHT-OF-WAY ADJOINING THE EAST LINE OF THE 1.4246 ACRE TRACT (OLD ALVIN ROAD AND STATE HIGHWAY 35 - APPLICATION NO. 90) FROM CLASSIFICATION COMMERCIAL DISTRICT (C) TO LIGHT INDUSTRIAL DISTRICT (M-1) ON THE REQUEST OF CLAYTON DYKES, 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 Cole moved for the adoption of Ordinance No. 509-101. The motion was seconded by Councilmember Richardson. Voting "Aye" - None. Voting "No" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Motion failed 5 to 0 and Ordinance No. 509-101 was denied. FIRST READING OF ORDINANCE NO. 509-102 - 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 THAT PORTION OF THE 2-FOOT FENCE RESERVE "E", BLOCK 2, 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 AS FOLLOWS: NORTH OF AND ADJACENT TO MULTI -FAMILY RESERVE "A" AND GENERAL BUSINESS RESERVE "B" OF THE AFOREMENTIONED SUBDIVISION AND SOUTH OF AND ADJACENT TO GENERAL BUSINESS RESERVE "B" OF THE AFOREMENTIONED SUBDIVISION AND WEST OF AND ADJACENT TO VETERANS ROAD (APPLICATION NO. 93) FROM CLASSIFICATION MULTI -FAMILY DWELLING DISTRICT (MF) TO SINGLE FAMILY DWELLING DISTRICT (R-2 PUD) ON THE REQUEST OF GERALD MUNGER, JR. 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 Tetens moved for the adoption of Ordinance No. 509-102 on its first reading. The motion was seconded by Councilmember Richardson. 2.ol Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" - None. Motion passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 758 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENAMING DIXIE WOOD DRIVE AS DIXIE WOODS DRIVE; AND RENAMING PINEY WOOD DRIVE AS PINEY WOODS DRIVE (DIXIE WOODS, SECTION 2); CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY AS THE NEED TO ENSURE CONSISTENCY OF STREET NAMES WITHIN SUBDIVISIONS INURES TO THE BENEFIT OF THE TRAVELLING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Councilmember Richardson moved for the adoption of Ordinance No. 758 on its first and only 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. FIRST AND ONLY READING OF ORDINANCE NO. 759 - 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 MAPLE LEAF COURT IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH EVERGREEN DRIVE, UPON PEACHTREE DRIVE IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH EVERGREEN DRIVE, UPON PEACHTREE DRIVE IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH EVERGREEN DRIVE, UPON EVERGREEN DRIVE IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH PEACHTREE DRIVE, UPON EVERGREEN DRIVE IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH PEACHTREE DRIVE, UPON DIXIE WOODS DRIVE IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH PEACHTREE DRIVE, UPON DIXIE WOODS DRIVE IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH PEACHTREE DRIVE, UPON PEACHTREE DRIVE IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH DIXIE WOODS DRIVE, UPON PEACHTREE DRIVE IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH DIXIE WOODS DRIVE, UPON PEACHTREE DRIVE IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH PINEY WOODS DRIVE (DIXIE WOODS, SECTION 2); 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 TRAVELING PUBLIC AND, 208 THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Councilmember Wilkins moved for the adoption of Ordinance No. 759 on its first and only reading. The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" - None Motion passed 5 to 0. ACCEPTANCE OF DIXIE WOODS SUBDIVISION, SECTION TWO. Councilmember Richardson moved for the acceptance of Dixie Woods Subdivision, Section Two. The motion was seconded by Councilmember Cole. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" - None. Motion passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-103 - 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 TRACT 15 OF WESTCHESTER ESTATES, ACCORDING TO THE JACK C. MCKNIGHT SURVEY THEREOF DATED APRIL 6, 1962, A PARTITION OF SECTION 17, H.T.&B.R.R. COMPANY SURVEY, ABSTRACT 242, PATENTED TO SAMUEL MEYER, ASSIGNEE, BY PATENT NO. 15, VOLUME 12 (2726 WESTCHESTER CIRCLE - APPLICATION NO. 85) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) ON THE REQUEST OF DAVE E. AND DIANA RICKEY HAMM, 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. 509-103 on its first reading. The motion was seconded by Councilmember Tetens. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" - None. Motion passed 5 to 0. 20g FIRST READING OF ORDINANCE NO. 509-104 -`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 THE WEST SIXTY-SIX FEET (W. 66') OF LOT FIVE (5) AND THE ADJOINING EAST NINETY-FIVE FEET (E. 95') OF LOT SIX (6) OF THE PARTITION OF THE EAST ONE-HALF (E. 1/2) OF THE NORTHWEST ONE -QUARTER (NW. 1/4) OF SECTION FIFTEEN (15) OF H.T.&B.R.R. CO. SURVEY, ABSTRACT 241 OF BRAZORIA COUNTY, TEXAS ACCORDING TO THE MAP OF RECORD IN VOLUME 441, PAGE 265 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, SAID MAP BEING CONFIRMED PER C/C JUDGEMENT RECORDED IN 593, PAGE 56 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS (6830 BROADWAY STREET - APPLICATION NO. 84) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) ON THE REQUEST OF CHARLES MALLYNN, III, 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. 509-104 on its first reading. The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" - None. Motion passed 5 to 0. Upon concurrence from the City Attorney, Mayor Reid stated that the following two items would be read and acted upon together. FIRST READING OF ORDINANCE NO. 509-105 - AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS AMENDING SECTION 22.17 OF THE LAND USE AND URBAN DEVELOPMENT ORDINANCE, NO. 509, AS AMENDED, OF THE CITY OF PEARLAND CODE OF ORDINANCES, TO ALLOW FOR A COMPREHENSIVE SUBDIVISION DIRECTIONAL SIGNS PROGRAM AS AN ALTERNATIVE TO THE CURRENT BUILDER/SUBDIVISION AND SUBDIVISION IDENTIFICATION SIGNS PROVISION; (APPLICATION NO. 105) PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. FIRST READING OF ORDINANCE NO. 509-106 - AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE, NO. 509, AS AMENDED, OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF GRANTING A SPECIFIC USE PERMIT (SPECIFIC USE NO. 46) TO ALLOW FOR THE ERECTION OF COMMUNITY ENTRY GROUND SIGNS, SUBDIVISION DIRECTIONAL SIGNS, AND NEW HOME INFORMATION CENTER SIGNS, IN 210 ACCORDANCE WITH THE CITY'S COMPREHENSIVE SUBDIVISION DIRECTIONAL SIGNS PROGRAM SET FORTH IN SECTION 22.17(2) OF ORDINANCE NO. 509, AS AMENDED; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND OTHER PROVISIONS RELATED TO THE SUBJECT. Councilmember Tetens moved for the adoption of Ordinance No. 509-105 and Ordinance No. 509-106 on their first of two readings. The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R96-55 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY TO THE TEXAS DEPARTMENT OF TRANSPORTATION FOR GRANT FUNDS TO PURCHASE A SMART SYSTEM VOLUNTEER SPEED COMPLIANCE UNIT FOR THE NEIGHBORHOOD SPEED ENFORCEMENT PROGRAM. Councilmember Richardson moved for the adoption of Resolution No. R96-55. The motion was seconded by Councilmember Tetens. Police Chief Mike Hogg presented a video pertaining to the City of Plano's program now in place and recommended approval of the resolution in order to obtain grant funds for the implementation of the same type program in the City of Pearland. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" - None. Motion passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 760 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING A STOP SIGN WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON BUI DRIVE IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH O'DAY ROAD (PINE OAKS 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 UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. 211 Councilmember Wilkins moved for the adoption of Ordinance No. 760 on its first and only reading. The motion was seconded by Councilmember Cole. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" - None. Motion passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 761 - 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 HASTINGS FIELD ROAD NORTH IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH MAIN STREET (STATE HIGHWAY 35), UPON HASTINGS FIELD ROAD SOUTH IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH MAIN STREET (STATE HIGHWAY 35), UPON COUNTY ROAD 869 IN A WESTERLY DIRECTION AT ITS INTERSECTION WITH MAIN STREET (STATE HIGHWAY 35); (INTERSECTIONS LOCATED ON MAIN STREET (STATE HIGHWAY 35) BETWEEN DIXIE FARM ROAD AND COUNTY ROAD 128); 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 UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Councilmember Cole moved for the adoption of Ordinance No. 761 on its first and only 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 AND ONLY READING OF ORDINANCE NO. 737-1 - AN ORDINANCE AMENDING ORDINANCE NO. 737, THE BUDGET ORDINANCE, BY AUTHORIZING CERTAIN ADDITIONS AND REDUCTIONS IN GENERAL FUND AND WATER & SEWER FUND LINE ITEMS; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ADJUST THE CITY BUDGET BEARS DIRECTLY UPON THE HEALTH, SAFETY AND PUBLIC WELFARE OF THE CITIZENRY. Councilmember Beckman moved for the adoption of Ordinance No. 737-1 on its first and only reading. The motion was seconded by Councilmember Cole. A lengthy discussion followed concerning objections which some of the Councilmembers P12 had with regard to giving funds to the Little League and setting a precedence for other organizations to request funds from the City. Voting "Aye" - Councilmembers Beckman, Richardson and Cole. Voting "No" - Councilmembers Tetens and Wilkins. Motion passed 3 to 2. RESOLUTION NO. R96-56 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A SETTLEMENT AGREEMENT AND DONATION DEEDS BETWEEN THE CITY AND 313 ACRES PEARLAND JOINT VENTURE, FRANK S. LADIN, INDIVIDUALLY AND AS TRUSTEE OF THE ROSALIE H. LADIN FAMILY TRUST, CREATED UNDER THE LAST WILL AND TESTAMENT OF ROSALIE H. LADIN, DECEASED, AND PHILLIP LADIN, RONALD LADIN, ROBIN DORN, LENORA T. LADIN, EVELYN YELLEN, AS CO -TRUSTEES OF THE TRUSTS CREATED UNDER THE LAST WILL AND TESTAMENT OF SIDNEY S. LADIN, DECEASED AND LENORA T. LADIN, INDIVIDUALLY. Councilmember Tetens moved for the adoption of Resolution No. R96-56. The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" - None. Motion passed 5 to 0. CALLING SPECIAL MEETINGS ON TUESDAY, DECEMBER 17 AND FRIDAY, DECEMBER 20, 1996 AT 6:00 P.M. Councilmember Richardson made a motion to call the special meetings. The motion was seconded by Councilmember Cole. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" - None. Motion passed 5 to 0. CALLING A SPECIAL MEETING ON MONDAY, DECEMBER 16,1996, AT 7:00 P.M. FOR THE PURPOSE OF MEETING WITH THE PEARLAND INDEPENDENT SCHOOL DISTRICT BOARD OF TRUSTEES AT THE PEARLAND HIGH SCHOOL CAFETERIA. 213 L Councilmember Tetens made a motion to call a Special Meeting with the PISD Board of Trustees on December 16, 1996. The motion was seconded by Councilmember Wilkins. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" - None. Motion passed 5 to 0. OTHER BUSINESS: ADJOURNMENT Meeting was adjourned at 11:00 p.m. MirTapprov d a� submitted and/or corrected this the //r , A. D., 1996. ATTEST: Yolfda' C. Benitez City Secretary Tom Reid Mayor day of 214 MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON DECEMBER 5, 1996, AT 6:30 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 Kevin Cole Councilmember Helen Beckman Councilmember Larry Wilkins City Attorney Amy McCullough City Secretary Yolanda Benitez Members Absent: Councilmember Richard Tetens NEW BUSINESS: RESOLUTION NO. R96-57 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING RESOLUTION NO. R96-51 AND CHANGING THE REGULAR MEETING DATES IN DECEMBER, 1996, DUE TO THE HOLIDAY SEASON. Councilmember Richardson moved for the adoption of Resolution No. R96-57 to change the regular meeting date for the first Council meeting in December to Tuesday, December 17, 1996 at 6:00 p.m. and the second Council meeting in December to Friday, December 20, 1996 at 6:00 p.m. The motion was seconded by Councilmember Cole. Voting "Aye" - Councilmembers Beckman, Richardson, Wilkins and Cole. Voting "No" - None. Motion passed 4 to 0, with Councilmember Tetens being absent. OTHER BUSINESS: None. AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Joan Cummings, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general circulation in Brazoria and Harris Counties, for issues, as follows: No. No. No. No. No. Date /? -/C) 19 97 Date 19 Date 19 Date 19 Date 19 Subscribe and sworn to before me this 19 day of 1��i4,7 LAU EMMONS RY PUBLIC • STATE OF TEXAS I" 4� MY COMMISSioN FXPERFS No$gE 1jc, St arexas; Laura Ann Emmons, Publisher AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties 1, Joan Cummings, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general circulation in Brazoria and Harris Counties, for 1 issues, as follows: No. Date 6C• %6. lrhnee 5'25' 19 No. Date 19 No. Date 19 No. Date 19 No. Date 19 Subscribe and worn to before me this /7 day of 67C_,. 19 /( Notary:. P ki , State,of=Texas Laura Ann Emmons, Publisher AFFIDAVIT OF PUBLICATION STATE OF TEXAS: COUNTY OF HARRIS: Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared: Rory Socco, who after being duly sworn, says that she is the SUPERVISOR - ACCOUNTS RECEIVABLE of the HOUSTON CHRONICLE, a daily newspaper published in Harris County, Texas, and that the publication, of which the annexed is a true copy, was published to -wit: '***ADVERTISEMENT PUBLISHED ON OCT 26, 1996*** NOTICE Of CANCELLATION Of PlA{ NNEARING ON EXATION Notice Is hereby given that the an- nexation Public nearing on the Property listed below, which was n the Council Chambers, City He i, 3519 Liberty Drive, Texas,.M. on October 28end Novem- ber P.M.0 - ber 4, 1996, has been cancelled. 529 acres, more or less, lo- cated in the D. White Survey, Abstract N0. 747; the John Cr174; he W W. DupuY&y Survey, Abstract No. Roberts Survey, Abstract N0. Abstrs No. 8; the William Mo rris Su.T.&B. RRtCo. Sur. No. ves. Abstract No. 304; the 675n& the H.T B. RR1ract Co. Sur- W. / CZ'' L- L: - veY. Abstract No. 300; and the No. 539 LyleR.B. Survey. Abstract of BrazorieCounty, Texas. /s/ Yolanda C. Ben)' City Secretary City of Peariand Rory Socco Supervisor - Accounts Receivable Sworn and subscribed to before me, this the 11 TH day of NOVEMBER A.D. 1996 Notary Pul`lic in and for the State of Texas �Y ^ JACQUE W. BROWN Notary Public, State of Texas Commission Expires 06.19-200" 8736380 a100-5005