1998-03-23 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MARCH 23, 1998, 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
City Manager
Interim City Attorney
City Secretary
Tom Reid
Helen Beckman
Richard Tetens
Kevin Cole
William Berger
Paul Grohman
Darrin Coker
Young Lorfing
Members Absent: Councilmember Larry Wilkins.
Others in attendance: Police Chief Mike Hogg; City Engineer John Hargrove; Director of
Finance David Castillo; Parks & Recreation Director Ed Hersh; Planning and Community
Development Director Dennis Smith; Public Works Director Jerry Burns; and Advanced
Intern Ruby Perez.
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Police Chief Mike Hogg and the Pledge of Allegiance was
led by Interim City Attorney Darrin Coker.
APPROVAL OF MINUTES
Councilmember Tetens made the motion, seconded by Councilmember Cole to approve
the minutes of the March 9, 1998 Joint Public Hearing held at 6:30 p.m., and the minutes
of the March 9, 1998 Regular Council Meeting held at 7:30 p.m.
Voting "Aye" Councilmembers Cole, Berger, Beckman, and Tetens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins being absent.
MAYOR'S ACTIVITY REPORT:
Page 1 of 14 - 3123
Cil
Mayor Reid and Councilmember Cole presented a proclamation to Keep Pearland
Beautiful Executive Director Delores Fenwick and Board Member Stella Roberts
proclaiming the month of April "Keep America Beautiful Month".
Mayor Reid reported that on March 10 he was the guest speaker at the Brookside Lions
Club; March 11 he attended the American Heart Association Planning Committee
Meeting, the Adult Reading Center Board of Directors Meeting, and also attended the
Pearland High School Basketball Team's Pep Rally; March 13 he was a reader at
Challenger School, and he attended the H.G.A. C. Annual Meeting; March 17 he attended
the H.G.A.C. Board of Directors Meeting and the H.G.A.C. Comprehensive Planning
Committee Meeting; March 18 he attended the Pearland/Hobby Area Chamber
Luncheon; March 19 he attended the Gulf Coast Water Authority Board of Directors
Meeting and the Clear Lake Transportation Monthly Meeting; and on March 23 he
attended the Brazoria County Tax Abatement Review Committee.
COUNCIL'S ACTIVITY REPORTS:
Councilmember Tetens stated that he does not have anything to add.
Mayor Pro -Tem Beckman stated that she has been out of town. She complemented City
Engineer John Hargrove for the good article in Texas Municipal League's Texas Towns
and Cities Magazine regarding our regional storm detention ordinance. Mayor Pro -Tem
Beckman challenged the rest of the Council to support the City employees that clean up
on John Lizer and encouraged everyone to attend the clean up on Saturday, April 4,
1998.
Councilmember Berger reported that on March 13 he attended the TML Legislative
Policy Committee in Austin for Economic and Community Development; he stated that
he attended the high school basketball game in Austin. He reminded everyone that the
Veterans of Foreign War Post in Pearland is twenty years old. The National Commander
in Chief of the V.F.W. has selected the Pearland Post to visit on April 7, 1998 at 5:30
p.m. Councilmember Berger said Pearland High School R.O.T.C.,Band, and the Pearland
City Orchestra Quartet will perform at the reception and he invited everyone to attend.
Councilmember Cole reported that on March 10 he attended his Precinct Convention
and took an active role and on March 19 he addressed the Republican Area Women's
Meeting regarding the upcoming charter amendments.
Page 2 of 14 - 3/23
CITY MANAGER'S REPORT:
City Manager Paul Grohman reported that Senator John Ashcroft will be a guest speaker
at the First Baptist Church Sunday morning. He further stated that we are in the middle
of the Hurricane Polly Exercise which we participate in every year. It is a mock exercise
created on by Federal Emergency Management Agency. This years goal is to look at
what each department would do in a variety of intervals prior to a major category five
storm making landfall in Galveston Bay. Our annual Easter Egg Hunt will be April 4, at
Independence Park at 10:00 a.m. Mr. Grohman announced as of Friday we have
acquired the land across the street for the new library building.
City Manager Paul Grohman introduced Don Hickling, President of Pearland Enrichment
Foundation, Inc. Mr. Hickling addressed Council and stated that Pearland Enrichment
Foundation, Inc. is a State -chartered, non-profit corporation that was organized as a
result of Pearland Focus 20/20. The Foundation's purpose is to enhance the cultural,
recreational, artistic, humanitarian, dining and leisure activities in the Pearland
community. Mr. Hickling introduced other officers present and then he presented the
organizations business plan.
CITIZEN'S:
Lowell L. Beck, 2313 Country Club Drive, addressed Council regarding the speed,
volume, and litter from traffic on Country Club.
UNFINISHED BUSINESS:
SECOND AND FINAL READING OF ORDINANCE NO. 509-182 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE
NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY
OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION
OF CERTAIN REAL PROPERTY BEING A PARCEL OF LAND CONTAINING 9.901
ACRES, A PORTION OF LOT 40 OF THE ALLISON RICHEY GULF COAST HOME CO.
AND FROM THE H.T.&B.R.R. SURVEY, SECTION 85, A-304, AS RECORDED IN VOL.
2, PG 107, OF THE DEED RECORDS OF BRAZORIA CO, TX. (APPLICATION NO.
242) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD)
TO GENERAL BUSINESS (GB) AT THE REQUEST OF KIM DURRETT, 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 made the motion, seconded by Mayor Pro -Tem Beckman to
Page 3 of 14 - 3/23
approve Ordinance No. 509-182 (Application No. 242) on its second and final reading.
Voting "Aye" Councilmembers Tetens, Beckman, Berger, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins being absent.
Interim City Attorney, Darrin Coker, informed Council that Ordinance No. 509-185
(Application No. 246) and Ordinance No. 509-186 (Application No. 250) could be acted
upon together.
SECOND AND FINAL READING OF ORDINANCE NO. 509-185 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE,
NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY
OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION
OF CERTAIN REAL PROPERTY BEING A PARCEL OF LAND IN THE SOUTH '/Z OF
LOT 18, ALLISON-RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 9,
H.T.&B.R.R. CO. SURVEY, A-234, BRAZORIA COUNTY, TX (13619 MAX ROAD)
(APPLICATION NO. 246) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST
OF JUAN JORGE & MARIA A. RODRIGUEZ, 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 AND FINAL READING OF ORDINANCE NO. 509-186 - AN ORDINANCE OF
THE CITY COUNCIL OF CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO.
509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY BEING LOT 16, BLOCK 1, OF SKYWAY MANOR
SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOL 7, PG. 67, OF THE
PLAT RECORDS OF BRAZORIA CO., TX (3011 PIPER ROAD)(APPLICATION NO. 250)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF BEVERLY RUFFIN,
OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE
AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Tetens to
approve Ordinance No. 509-185 (Application No. 246) and Ordinance No. 509-186
Page 4 of 14 - 3/23
fs
(Application No. 250) on their second and final reading.
Mayor Reid called for the vote on Ordinance 509-185 (Application No. 246) pursuant to
the previous motion.
Voting "Aye" Councilmembers Cole, Berger, Beckman, and Tetens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins being absent.
Mayor Reid called for the vote on Ordinance 509-186 (Application No. 250) pursuant to
the previous motion.
Voting "Aye" Councilmembers Tetens, Beckman, Berger, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins being absent.
SECOND AND FINAL READING OF ORDINANCE NO. 509-187 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE
NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY
OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION
OF CERTAIN REAL PROPERTY BEING AN 84.00 ACRE TRACT LOCATED IN THE
H.T.&B.R.R. CO. SURVEY, A-309 AND BEING OUT OF A CALLED 160 ACRE TRACT
DESCRIBED IN VOL. 1144, PG. 590, BRAZORIA COUNTY DEED RECORDS
(APPLICATION NO. 275) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT THE REQUEST
OF PATRICIA D. KNUDSON & ASSOCIATES, AGENT FOR BEAZER HOMES TEXAS,
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 Berger made the motion, seconded by Councilmember Cole to approve
Ordinance No. 509-187 (Application No. 275) on its second and final reading.
Voting "Aye" Councilmembers Cole, Berger, Beckman, and Tetens.
Voting "No" None.
Page 5 of 14 - 3/23
Motion Passed 4 to 0, with Councilmember Wilkins being absent.
SECOND AND FINAL READING OF ORDINANCE NO. 509-188 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE
NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY
OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION
OF CERTAIN REAL PROPERTY BEING A 0.25 ACRE TRACT OUT OF LOT 74,
FIGLAND ORCHARD SUBDIVISION, IN THE H.T.&B.R.R. CO. SURVEY, A-240,
BRAZORIA CO., TX (15031 HARKEY ROAD)(APPLICATION NO. 255) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL
BUSINESS (GB) AT THE REQUEST OF JOSE R. DELACERDA, JR., 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 made the motion, seconded by Councilmember Tetens to approve
Ordinance No. 509-188 (Application No. 255) on its second and final reading.
Voting "Aye" Councilmembers Cole, Beckman, and Tetens.
Voting "No" Councilmember Berger.
Motion Passed 3 to 1, with Councilmember Wilkins being absent.
Interim City Attorney, Darrin Coker, informed Council that Ordinance No. 509-189
(Application No. 238) and Ordinance No. 509-190 (Application No. 239) could be acted
upon together.
SECOND AND FINAL READING OF ORDINANCE NO. 509-189 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE
NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY
OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION
OF CERTAIN REAL PROPERTY LOCATED ON A TRACT OF LAND, OUT OF LOT 19,
OF THE ALLISON-RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 29,
H.T. & B.R.R. CO. SURVEY, A-292, BRAZORIA COUNTY, TX (4808 MAIN
STREET). (APPLICATION NO. 238) FROM THE CLASSIFICATION OF SUBURBAN
DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL (M-2) AT THE REQUEST OF
THOMAS W. & CANDACE M. DEWEY, 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.
Page 6 of 14 - 3/23
SECOND AND FINAL READING OF ORDINANCE NO. 509-190 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE
NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY
OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION
OF CERTAIN REAL PROPERTY LOCATED ON A 3.0 ACRE TRACT OF LAND, OUT
OF LOT 19, OF THE ALLISON-RICHEY GULF COAST HOME CO. SUBDIVISION,
SECTION 29, H.T.&B.R.R. CO. SURVEY, A-292, BRAZORIA COUNTY, TX (4818 MAIN
STREET)(APPLICATION NO. 239) FROM THE CLASSIFICATION OF SUBURBAN
DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL (M-2) AT THE REQUEST
OF THOMAS W. & CANDACE M. DEWEY, 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 made the motion, seconded by Councilmember Cole to approve
Ordinance No. 509-189 (Application No. 238) and Ordinance No. 509-190 (Application
No. 239)on their second and final reading.
Mayor Reid called for the vote on Ordinance 509-189 (Application No. 238) pursuant to
the previous motion.
Voting "Aye" Councilmembers Cole, Berger, Beckman, and Tetens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins being absent.
Mayor Reid called for the vote on Ordinance 509-190 (Application No. 239) pursuant to
the previous motion.
Voting "Aye" Councilmembers Tetens, Beckman, Berger, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins being absent.
NEW BUSINESS:
RESOLUTION NO. R98-28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO ENTER INTO AN
INTERLOCAL AGREEMENT WITH BRAZORIA COUNTY PERMITTING THE COUNTY
TO FURNISH A HERBICIDE SPRAY TRUCK WITH OPERATOR TO THE CITY OF
Page 7 of 14 - 3/23
rOM
as
PEARLAND FOR TWO WEEK PERIODS IN APRIL, MAY, AND JULY OF 1998 TO
SPRAY STREET RIGHTS-OF-WAY IN THE CITY.
This item was passed to a future agenda; no Council action taken.
RESOLUTION NO. R98-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
SUBMIT A PROPOSAL TO THE EPA'S BROWNFIELDS ASSESSMENT
DEMONSTRATION PILOT PROGRAM; AND AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE ALL DOCUMENTS ASSOCIATED WITH THE PROJECT.
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Tetens to
approve Resolution No. R98-29.
City Manager, Paul Grohman, stated that this is a grant request to complete
environmental assessments phase one and two, and to built a remediation plant on three
separate sites in Pearland. The sites are the old Exxon Station almost to Alvin, the rice
dryer facility, and Mid -West Steel on Magnolia. He further stated that this does not pay
for remediation, but its does get a plan in place for remeadiation. Mr. Grohman said that
the grant is $135,000 for all three projects and the City does not have to match any
funds,
Voting "Aye" Councilmembers Tetens, Beckman, Berger, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins being absent.
RESOLUTION NO. R98-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, REPEALING RESOLUTION NO. R92-24 AND ESTABLISHING
TERM LIMITATIONS FOR PERSONS SERVING ON VARIOUS BOARDS AND
COMMISSIONS OF THE CITY NOT HAVING QUASI-JUDICIAL AUTHORITY OR NOT
REQUIRING CERTIFICATION.
Councilmember Berger made the motion, seconded by Councilmember Tetens to
approve Resolution No. R98-30.
City Manager, Paul Grohman, stated that this is actually a request of the Mayor as well
as multiple Councilmembers, over the last few months, regarding the concerns of the
continued turn over on the Planning and Zoning Commission. With the approval of this
resolution they would not have term limits like the advisory boards do.
Page 8 of 14 - 3/23
Lon
Voting "Aye" Councilmembers Cole, Berger, Beckman, and Tetens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins being absent.
FIRST AND ONLY READING OF ORDINANCE NO. 840 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RECOGNIZING WEST LEA
LANE AS BEING LOCATED WITHIN THE CITY; RENAMING WEST LEA LANE AS
WESTLEA LANE; AND ESTABLISHING A SPEED LIMIT ON WESTLEA LANE AT 30
MILES PER HOUR; 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 FOR SPEED LIMIT SIGNS
IN THIS AREA INURES TO THE BENEFIT OF THE TRAVELLING PUBLIC AND,
THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF
THE CITIZENRY.
Councilmember Cole made the motion, seconded by Councilmember Tetens to approve
Ordinance No. 840 on its first and only reading.
City Manager, Paul Grohman, stated that Mr. Sullivan is the only resident on that street
and has had problems for some twenty years getting his mail delivered properly. Mr.
Grohman recommended its approval.
Voting "Aye" Councilmembers Cole, Berger, Beckman, and Tetens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins being absent.
RESOLUTION NO. R98-31 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING AND ADOPTING THE GOALS AND
OBJECTIVES PROMULGATED DURING THE CITY'S 1998 ANNUAL PLANNING
WORKSHOP.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Beckman to
approve Resolution No. R98-31.
City Manager, Paul Grohman, stated that this is the fourth consecutive year that the City
Council has held its annual strategic workshop. State Law prohibits memorializing any
Page 9 of 14 - 3/23 __
of the goals. The history has been that the Council sets out the goals, gives it to staff,
staff puts a realistic time frame to it and brings it back to Council and then memorialize
that as far as time frames to set the goals.
Voting "Aye" Councilmembers Tetens, Beckman, Berger, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins being absent.
FIRST AND ONLY READING OF ORDINANCE NO. 841 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, PROVIDING FOR THE
APPROVAL OF THE AGREEMENT BETWEEN THE STATE OF TEXAS AND THE CITY
OF PEARLAND FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE,
OPERATION AND MAINTENANCE OF HIGHWAY TRAFFIC SIGNALS/LIGHTING IN
THE CITY OF PEARLAND; PROVIDING FOR THE EXECUTION OF SAID
AGREEMENT; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR
PUBLICATION, CODIFICATION, AND AN EFFECTIVE DATE; AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO ERECT TRAFFIC SIGNALS WITHIN THE
CITY INURES TO THE BENEFIT OF THE TRAVELLING PUBLIC AND, THEREFORE,
BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE
CITIZENRY.
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Cole to
approve Ordinance No. 841 on its first and only reading.
City Manager, Paul Grohman, stated that the City does not own nor operate any traffic
signals. Every time a traffic signal is added to the system the agreement must be
amended. This particular amendment is to provide for signalization of where the road
and overpass that will tie Mykawa to Highway 35. The state will pay for and maintain the
signal. Mr. Grohman recommended its approval.
Voting "Aye" Councilmembers Tetens, Beckman, Berger, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins being absent.
COUNCIL ACTION - COUNCIL ACCEPTANCE OF DIXIE WOODS SECTION 3
SUBDIVISION.
Page 10 of 14 - 3/23
Councilmember Cole made the motion, seconded by Mayor Pro -Tem Beckman to
accept Dixie Woods Section 3 Subdivision.
City Engineer, John Hargrove, addressed Council and stated this is the remaining final
portion of the Dixie Woods Subdivision. It is about seventeen and one half acres and
seventy one lots. It is now complete and completes the subdivision. Mr. Hargrove
recommended its acceptance.
Voting "Aye" Councilmembers Cole, Berger, Beckman, and Tetens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins being absent.
COUNCIL ACTION - APPOINTMENT OF MEMBER(S) TO THE PLANNING AND
ZONING COMMISSION.
Councilmember Tetens made the motion, seconded by Councilmember Cole to
appointment Pat Lopez and Emil Beltz to serve on the Planning and Zoning Commission
for a three-year term.
Voting "Aye" Councilmembers Cole, Berger, Beckman, and Tetens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins being absent.
FIRST READING OF ORDINANCE NO. 509-191 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY BEING TRACT 16 IN THE SANDOVAL SUBDIVISION
LOCATED IN THE WEST '/ OF THE NORTHWEST % OF THE NORTHEAST % OF
SECTION 15, H.T. & B.R.R. CO. SURVEY, A-241, BRAZORIA COUNTY, TX (2743
MORENCI). (APPLICATION NO. 231) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT
THE REQUEST OF MR. AND MRS. VICTOR LOYA, 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.
Page 11 of 14 - 3/23
Councilmember Berger made the motion, seconded by Councilmember Cole to approve
Ordinance No. 509-191 (Application No. 231) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve (Application No. 231).
Voting "Aye" Councilmembers Tetens, Beckman, Berger, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins being absent.
FIRST READING OF ORDINANCE NO. 509-193 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF GRANTING A SPECIFIC USE PERMIT
TO BUILD TOWNHOMES IN A GENERAL BUSINESS (GB) DISTRICT ON THE
FOLLOWING PROPERTY LOTS 1 THROUGH 6, BLOCK 8 OF THE PEARLAND
TOWNSITE AS RECORDED IN VOL. 29 PG 41-42 OF THE BRAZORIA COUNTY MAP
RECORDS (S.E. CORNER OF PLUM & PARK) (SPECIFIC USE PERMIT NO. 61) AT
THE REQUEST OF AUSMUS HOMES, AGENT FOR BLACK BASE, INC., 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 made the motion, seconded by Councilmember Berger to approve
Ordinance No. 509-193 (Specific Use Permit No. 61) and to also include sidewalks along
Park Street and Plum Street on its first and only reading.
Angie Brewer, 2120 N. Galveston, addressed Council and stated that she is against this
proposal. She said that she is concerned about; the additional traffic in the area and the
school children, too many families in one area, the security in a small area, and the
property becoming lease property.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve (Specific Use Permit No. 61).
Voting "Aye" Councilmembers Tetens, Beckman, Berger, and Cole.
Voting "No" None.
Page 12 of 14 - 3/23
73
Motion Passed 4 to 0, with Councilmember Wilkins being absent.
FIRST AND ONLY READING OF ORDINANCE NO. 509-184A - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE
NO. 509-184, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE
CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY BEING A 12.24 ACRE TRACT IN
THE THOMAS J. GREEN SURVEY, A-198, BRAZORIA CO. TX, BEING PART OF A
9.883 ACRE TRACT RECORDED UNDER C.C.F. 97-025082 ALSO BEING PART OF
A 9.883 ACRE TRACT RECORDED UNDER C.C.F. 96-045024 AND PART OF A 4.5925
ACRE TRACT RECORDED UNDER C.C.F. 97-00021, OF THE DEED RECORDS OF
BRAZORIA CO. TX. (APPLICATION NO. 280) FROM CLASSIFICATION OF MULTI-
FAMILY DWELLING DISTRICT (MF) TO MULTI -FAMILY DWELLING DISTRICT -
PLANNED UNIT DEVELOPMENT (MF -PUD) AT THE REQUEST OF ROBERT LEWIS,
AGENT, FOR ML PARTNERSHIP, OWNER, PROVIDING FOR AN AMENDMENT OF
THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AN EFFECTIVE DATE; AND DECLARING AN
EMERGENCY BECAUSE EXPEDIENT ACTION IS NECESSARY TO ENSURE THE
PROPERTY'S HIGHEST AND BEST USE FOR ITS INTENDED PURPOSE; AND
OTHER PROVISIONS RELATED TO THE SUBJECT.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Beckman to
approve Ordinance No. 509-184A (Application No. 280) on its first reading contingent
upon the Council seeing the planned unit development plans.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve (Application No. 280).
City Manager, Paul Grohman stated since the Council has not seen the final plans; we
could get the final copies to Council for review and if anybody disagrees with the plans
the City can hold up the signing of the permits. Mr. Grohman said the most expeditious
way to move this project forward without a delay is to approve it contingent upon the
Council seeing the planned unit development plans.
Voting "Aye" Councilmembers Tetens, Beckman, Berger, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins being absent.
RESOLUTION NO. R98-32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
Page 13 of 14 - 3/23
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A
DEVELOPMENT AGREEMENT WITH ML PARTNERSHIP, A TEXAS GENERAL
PARTNERSHIP, FOR THE CONSTRUCTION AND OVERSIZING OF WATER AND/OR
SANITARY SEWER FACILITIES TO SERVE SITES ALONG PEARLAND PARKWAY
FROM MARY'S CREEK NORTH TO THE INTERSECTION OF BROADWAY (FM 518),
AND SANITARY SEWER SERVICE ON PEARLAND PARKWAY FROM MARY'S CREEK
NORTH ACROSS BROADWAY (FM 518) APPROXIMATELY 3,000 FEET, AND TO THE
BARRY ROSE WASTEWATER TREATMENT PLANT ("BARRY ROSE WWTP") ALONG
AN EASEMENT TO BE ACQUIRED BY THE CITY OF PEARLAND, AND DEDICATING
SAID WATER AND SEWER FACILITIES TO THE CITY FOR OPERATION AND
MAINTENANCE.
Councilmember Cole made the motion, seconded by Mayor Pro -Tem Beckman to
approve Resolution No. R98-32.
City Manager, Paul Grohman, stated this is an oversize agreement like the City has done
in the past few years. It provides primarily sanitary sewer along the route of Pearland
Parkway to the north. ML Partnership will put in the line and the City will pay is the
oversize which is primarily for the lift station.
Voting "Aye" Councilmembers Cole, Berger, Beckman, and Tetens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins being absent.
ADJOURNMENT
Meeting was adjourned at 10:04 p.m.
Minutes approved as submitted and/or corrected this the 13th day of
Apri 1 , A.D., 1998.
ATTEST:
44J
Tom Reid
Mayor
Page 14 of 14 - 3/23