1998-04-13 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON APRIL 13, 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
Others in attendance: Project Coordinator Alan Mueller; Police Chief Mike Hogg: City
Engineer John Hargrove; Grants Director Janet Berry; Parks & Recreation Director Ed
Hersh; Planning and Community Development Director Dennis Smith; Public Works
Director Jerry Burns; and Advanced Intern Ruby Perez.
Members Absent: Councilmember Larry Wilkins.
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Police Chief Mike Hogg and the Pledge of Allegiance was
led by Councilmember Berger.
APPROVAL OF MINUTES
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Beckman to
approve the minutes of the March 23, 1998 Joint Public Hearing held at 6:30 p.m. and
the minutes of the March 23, 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.
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19 A
MAYOR'S ACTIVITY REPORT:
Mayor Reid presented a proclamation to Henri Jean Loessin and Suzie Wilcox with
Children's Protective Services proclaiming the month of April "Child Abuse Prevention
Month".
Sablatura Middle School's Kids In Pearland Preserving _the Environment through
Resource Services "K. I. P. P. E. R. S" gave a presentation regarding Pearland Independent
School Districts Third Annual Environmental Fair to be held on Tuesday April 21, 4:30 -
6:30 p.m. at Leon Sablatura Middle School.
Mayor Reid read an invitation from Samuel D. Matza, Conductor and Director of the
Pearland Community Band inviting everyone to attend their upcoming concert to be held
on April 19, 1998 at 3:00 p.m. at the Nelson Auditorium, Pearland Junior High West.
The concert will be free to the public. The event is being sponsored by the Pearland
Parks and Recreation Department.
Councilmember Berger introduced District 16 VFW Commander Verne Di Pasca, from
Bay City, Trustee of the local post Willie Dunlap and Quarter Master of the local post
Renee Guerrero. Mr. Di Pasca extended his sincere appreciation on behalf of the
Veterans of Foreign Wars to everyone that helped prepare for his visit and the reception
held in the honor of Commander -in -Chief of the VFW, John E. Moon.
Mayor Reid submitted his activity report in writing to be placed into the record.
Mayor Reid reported that March 23 he attended the County Tax Abatement Committee
Meeting; March 24 he attended the Associated Credit Union Open House; March 26 he
attended the Chamber Road Committee Meeting and Candidates Night; March 27 he
attended the Clear Lake Transportation Partnership Meeting, he presented a
proclamation to retiring employee Ramon Renteria; March 29 he attended the First
Baptist Church's God and Country; March 30 he attended the TML Legislative
Committee Meeting; April 2 he attended the Houston Metro Study Meeting, the
Southeast Economic Development Meeting and the TML Regional 14 Quarterly Meeting;
April 3 he attended the Power Summit; April 4 he attended the Park's Department Easter
Egg Hunt; April 7 he attended the AARP Monthly Meeting, the Gulf Coast Water
Authority Planning and Development Meeting and also attended the VFW Dinner with
the National and State Commanders; April 8 he attended the PEDC Developer Meeting,
he met with United States Congressman Tom DeLay regarding Beltway 8 and Monroe
and he also attended the Tri County Chamber Meeting; April 9 he attended the PEDC
Brokers Day and on April 11 he attended the Hyde Park Easter Egg Hunt and the
Brookside Lion's Club Fish Fry.
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COUNCIL'S ACTIVITY REPORTS:
Council dispensed with the reading of their reports.
CITY MANAGER'S REPORT:
City Manager, Paul Grohman, stated he would pass on his report. Mr. Grohman
announced that the City received federal funding for the extension of Pearland Parkway
and / or McHard Road depending which direction you are coming from. There will be a
tie between the Monroe interchange and the Beltway and Highway 35 just south of the
Kemlon Building.
CITIZEN'S:
Tom Sullivan, 5418 Westlea, addressed Council regarding the flooding and drainage in
the West Lea Subdivision.
Bishop M. Craig II, 3007 E. Broadway, made a presentation to Council regarding his new
business which sells telephone cards.
Mayor Reid with concurrence of Council moved to New Business Item No. 18.
COUNCIL ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING
AND ZONING COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO. 269)
AT THE REQUEST OF VINCENTE ALONSO, OWNER, FOR AN AMENDMENT TO THE
LAND USE AND URBAN DEVELOPMENT ORDINANCE OF SAID CITY
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL
BUSINESS DISTRICT (GB) ON THE FOLLOWING DESCRIBED PROPERTY TRACTS
1-6 AND TRACT 9, BLOCK 2 IN THE WEST LEA SUBDIVISION.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Beckman to
accept the recommendation of the Planning and Zoning Commission to deny Application
No. 269.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to deny (Application 269).
Planning and Development Director Dennis Smith addressed Council and stated that Mr.
Alonso had additional information he wanted to submit to the Planning and Zoning
Commission if he would be allowed.
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1
Mayor Reid stated that he had informed Mr. Alonso that there are two options. The
Council could accept the recommendation of the Planning and Zoning Committee to
deny his application or the Council could table it. In the event it was tabled there is no
assurance that the Planning and Zoning Commission would change their
recommendation.
City Manager, Paul Grohman, stated that the Planning and Zoning Commission can not
reverse their vote. Therefore, there will not be much more to go on. Mr. Grohman stated
that they may be better served to dispose of the motion however the Council chooses.
He further stated that if Mr. Alonso wants to come back he will have to make a new
application.
Voting "Aye" Councilmembers Cole, Berger, Beckman, and Tetens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins being absent.
Mayor Reid with concurrence of Council moved back to Unfinished Business.
UNFINISHED BUSINESS:
SECOND AND FINAL 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.
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Tetens to
approve Ordinance No. 509-191 (Application No. 231) on its second and final reading.
Voting "Aye" Councilmembers Cole, Berger, Beckman, and Tetens.
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10
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins being absent.
SECOND AND FINAL 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 Berger made the motion, seconded by Councilmember Tetens to
approve Ordinance No. 509-193 (Specific Use Permit No. 61) on its second and final
reading.
Nancy Pridgen, 2119 North Avenue, Nancy Peck, 2118 N. Park and Doug Hill, 2123
W. Park; addressed Council and expressed their opposition regarding the approval of
Specific Use Permit No. 61 for the building of townhomes. .
Voting "Aye" Councilmembers Cole, Berger, Beckman, and Tetens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins being absent.
NEW BUSINESS:
COUNCIL ACTION - 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 PEARLAND FOR TWO WEEK PERIODS IN APRIL,
MAY, AND JULY OF 1998 TO SPRAY STREET RIGHTS-OF-WAY IN THE CITY.
Page 5 of 15 - 4/13
Councilmember Cole made the motion, seconded by Councilmember Tetens to approve
Resolution No. R98-28.
Voting "Aye" Councilmembers Tetens, Beckman, Berger, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins being absent..
COUNCIL ACTION - AWARD OF BID NO. B98-05 FOR CONSTRUCTION OF MCHARD
ROAD: MYKAWA ROAD TO MAIN STREET (SH35).
Councilmember Tetens made the motion, seconded by Councilmember Cole to award
Bid No. B98-05 for construction of McHard Road: Mykawa Road to Main Street (SH35).
to Champagne Weber, Inc. for the total bid in the amount of $4,374,474.88.
City Engineer John Hargrove reviewed the bids received for the construction of McHard
Road: Mykawa Road to Main Street (SH35), and recommended that Bid No. B98-05 be
awarded to Champagne Weber, Inc., in the amount of $4,374,474.88.
Voting "Aye" Councilmembers Tetens, Beckman, Berger, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins being absent.
COUNCIL ACTION - RESOLUTION NO. R98-34 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING THE CITY OF
HOUSTON IN ITS REQUEST UPON THE FEDERAL SURFACE TRANSPORTATION
BOARD AS WELL AS OTHER PARTIES TO EXPEDITIOUSLY RESPOND TO AND
RESOLVE THE HOUSTON AREA RAILROAD PROBLEMS.
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Tetens to
approve Resolution No. R98-34.
City Manager, Paul Grohman, gave an overview of the amount of train traffic that goes
through Pearland. Mr. Grohman recommended the approval of this resolution.
Voting "Aye" Councilmembers Tetens, Beckman, Berger, and Cole.
Voting "No" None. k_
Page 6 of 15 - 4/13
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Motion Passed 4 to 0, with Councilmember Wilkins being absent.
FIRST READING OF ORDINANCE NO. 181-4 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 12,
GARBAGE AND TRASH, OF THE CITY OF PEARLAND CODE OF ORDINANCES
(ORDINANCE NO. 181), AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED,
TO DECLARE THE DUMPING OF GARBAGE OR TRASH A COMMON AND PUBLIC
NUISANCE; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR
CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE.
Councilmember Berger made the motion, seconded by Councilmember Cole to approve
Ordinance No. 181-4 on its first reading.
Interim City Attorney, Darrin Coker, addressed Council explained the amendment
regarding garbage and trash. This amendment would allow the City to extend its
jurisdiction of the code enforcement officer an additional five thousand feet beyond the
City limits.
Delores Fenwick, 1910 Washington Irving, representing Keep Pearland Beautiful,
addressed Council and stated that Keep Pearland Beautiful is in full support of
Ordinance No. 181-4 amending the Garbage and Trash Ordinance and Ordinance No.
842 Garage Sale.
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. 842 -AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, TO ENHANCE THE PUBLIC SAFETY OF THE
CITY OF PEARLAND BY MAINTAINING A PUBLIC RECORD OF ALL INDIVIDUAL
GARAGE SALES, AND TO CONTROL THE PROLIFERATION OF GARAGE SALES
AND SIGNAGE ASSOCIATED WITH SAID SALES TO REDUCE THE RISK OF
TRAFFIC CONGESTION ON CITY STREETS; PROVIDING A PENALTY FOR
VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, AND A
SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN
EFFECTIVE DATE.
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Councilmember Cole made the motion, seconded by Councilmember Tetens to approve
Ordinance No. 842 on its first reading; with the amendment not to exceed more than
two garage sales per calendar year and not more than one per quarter and to also
restrict garage sales on any primary residence zoned commercial.
Interim City Attorney, Darrin Coker, addressed Council and gave an overview of the
Garage Sale Ordinance.
Voting "Aye" Councilmembers Cole, Berger, Beckman, and Tetens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins being absent.
COUNCIL'S ACTION - RATIFICATION OF CITY MANAGE'S RE -APPOINTMENT OF
ONE (1) MEMBER 1-0 THE CIVIL SERVICE COMMISSION.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Beckman to
ratify the City Manager's appointment of Barbara Bamburg to serve on the Civil Service
Commission for a three-year term.
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. 224-11- AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 7, BUILDING,
OF THE CITY OF PEARLAND CODE OF ORDINANCES (ORDINANCE NO. 224), AS
IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO PROVIDE AN
EXCEPTION TO THE REQUIRED FIREWALL RATING IN CERTAIN BUILDINGS AND
PROHIBITING THE MOVEMENT OF BUILDINGS AND OTHER STRUCTURES INTO
THE CITY AND PROVIDING EXCEPTIONS; PROVIDING A PENALTY FOR VIOLATION;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER
CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION, AND AN EFFECTIVE
DATE.
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Tetens to
approve Ordinance No. 224-11, with the amendment not to have any variances on its
first reading. 4.
Page 8 of 15 - 4/13
Planning and Development Director, Dennis Smith, addressed Council and discussed
sprinkler systems and firewalls. There was further discussion regarding the type of
building and structures that could be moved into the City.
Voting "Aye" Councilmembers Tetens, Beckman, Berger, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins being absent.
RESOLUTION NO. R98-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING TIMES AND DATES
FOR MAY, 1998, DUE TO THE MEMORIAL DAY HOLIDAY.
Councilmember Berger made the motion, seconded by Councilmember Tetens to
approve Resolution No. R98-33.
Voting "Aye" Councilmembers Cole, Berger, Beckman, and Tetens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins being absent.
COUNCIL ACTION - EXCUSE ABSENCE OF COUNCILMEMBER LARRY WILKINS
FROM THE REGULAR MEETING MARCH 23, 1998. V,
Councilmember Cole made the motion, seconded by Mayor Pro -Tem Beckman to
excuse the absence of Councilmember Larry Wilkins from the regular meeting held on
March 23, 1998.
Voting "Aye" Councilmembers Cole, Berger, Beckman, and Tetens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins being absent.
Interim City Attorney, Darrin Coker, informed Council that Ordinance No. 509-195
(Application No. 265) and Ordinance No. 509-196 (Application No. 266) could be acted
upon together.
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FIRST READING OF ORDINANCE NO. 509-195 - 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 41.3692 ACRE TRACT OUT OF THE SOUTH
1/2 OF THE SOUTHEAST 1/4 OF SECTION 16, H.T.& B.R.R. SURVEY, A-546,
BRAZORIA COUNTY, TEXAS (HARKEY RD. AND C. R. 101) (APPLICATION NO. 265)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF R. WEST DEVELOPMENT
CO., INC., AGENT FOR RAVENWOOD SECTION ONE, J.V., OWNER, PROVIDING
FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT.
FIRST READING OF ORDINANCE NO. 509-196 - 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 CONTAINING 16.6408 ACRES OUT
OF A 20 ACRE TRACT AS RECORDED IN VOLUME 1068, PAGE 144, BRAZORIA
COUNTY DEED RECORDS AND BEING OUT OF THE SOUTH 1/2 OF THE
SOUTHEAST 1/4 OF SECTION 18, H.T. & B.R.R. SURVEY A-546, BRAZORIA
COUNTY, TEXAS (ADJACENT TO RAVENWOOD ESTATES) (APPLICATION NO. 266)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF R. WEST DEVELOPMENT
CO., 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 Tetens made the motion, seconded by Councilmember Cole to approve
Ordinance No. 509-195 (Application No. 265) and Ordinance No. 509-196 (Application
No.. 266) on their first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve (Application No. 265).
Mayor Reid called for the vote on Ordinance 509-195 (Application No. 265) pursuant to
the previous motion.
Voting "Aye" Councilmembers Cole, Berger, Beckman, and Tetens.
Page 10 of 15 - 4/13
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins being absent.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve (Application No. 266).
Mayor Reid called for the vote on Ordinance 509-196 (Application No. 266) 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.
FIRST READING OF ORDINANCE NO. 509-197 - 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 29.5472 ACRES OUT OF LOT 14, LOTS 2 &3,
NARREGANG'S SUBDIVISION AND LOT 25 OUT OF THE O.W. WILLITS SUBDIVISION
RECORDED IN DEED RECORDS, VOLUME 1, 3, & 70, PAGES 92, 65 &, 616,
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 270) FROM CLASSIFICATION
OFFICE PROFESSIONAL (OP) TO SINGLE FAMILY DWELLING DISTRICT (R-2) AT
THE REQUEST OF ALFRED E. LENTZ, AGENT FOR WILLOW PARTNERS LTD.,
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.
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Cole to
approve Ordinance No. 509-197 (Application No. 270) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve (Application No. 270).
Voting "Aye" Councilmembers Tetens, Beckman, Berger, and Cole.
Voting "No" None.
Motion Passed 4 to 0, 7with Councilmember Wilkins being absent.
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FIRST READING OF ORDINANCE NO. 509-198 - 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 25.3514 ACRE TRACT LOCATED IN THE H.T.
& B.R.R. SURVEY, A-241, BRAZORIA COUNTY, TEXAS AND ALSO CALLED 34.98
ACRE TRACT IN AN INSTRUMENT RECORDED IN VOLUME 72, PAGE 94, DEED
RECORDS OF BRAZORIA COUNTY, TEXAS (SOUTH OF FITE ROAD, WEST OF
HA`RKEY ROAD) (APPLICATION NO. 263) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD), TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT
THE REQUEST OF R. WEST DEVELOPMENT CO., INC., AGENT FOR PEARLAND
WEST OAKS 3 & 4 LTD., OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND
USE DISTRICT MAP; CONTAINING A SAVINGS CLAU6E, A. SEVERABILITY CLAUSE,
AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Councilmember Cole made the motion, seconded by Councilmember Berger to table
Ordinance No. 509-198 (Application No. 263) on its first reading.
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. 509-199 - 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 28.3781 ACRE TRACT LOCATED IN THE H.T.
& B.R.R. SURVEY, A-241, BRAZORIA COUNTY, TEXAS AND A 160 ACRE TRACT
DESCRIBED IN AN INSTRUMENT RECORDED IN VOLUME 708, PAGE 109, DEED
RECORDS OF BRAZORIA COUNTY, TEXAS (FITE ROAD) (APPLICATION NO. 260)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R4) AT THE REQUEST OF R. WEST
DEVELOPMENT CO., INC., AGENT FOR WEST OAKS VILLAGE SECTION TWO LTD.,
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.
Ordinance No. 509-199 was passed to a future agenda no Council action taken.
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FIRST READING OF ORDINANCE NO. 509- 200 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE N0, 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 35.4855 ACRE TRACT LOCATED IN THE H.T.
& B.R.R. SURVEY, A-241, BRAZORIA COUNTY, TEXAS OUT OF THE RESIDUE OF
A 160 ACRE TRACT CONVEYED TO JOHN MASSEY ON INSTRUMENT RECORDED
IN VOLUME 708, PAGE 109, DEED RECORDS OF BRAZORIA COUNTY, TEXAS (OFF
FITE ROAD) (APPLICATION NO. 261) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-4) AT
THE REQUEST OF R. WEST DEVELOPMENT CO., INC., AGENT FOR GALLENTINE
ASSOCIATES, 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.
Ordinance No. 509-200 was passed to a future agenda no Council action taken.
FIRST READING OF ORDINANCE NO. 509-201 - 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 20.5591 ACRE TRACT LOCATED IN THE H.T.
& B.R.R. SURVEY, A-241, BRAZORIA COUNTY, TEXAS OUT OF THE RESIDUE OF
A 160 ACRE TRACT CONVEYED TO JOHN MASSEY PER AN INSTRUMENT 3
RECORDED IN VOLUME 708, PAGE 109, DEED RECORDS OF BRAZORIA COUNTY,
TEXAS (OFF FITE ROAD) (APPLICATION NO. 262) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-4) AT THE REQUEST OF R. WEST DEVELOPMENT CO., INC., AGENT
FOR GALLENTINE ASSOCIATES, 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.
Ordinance No. 509-201 was passed to a future agenda no Council action taken.
FIRST READING OF ORDINANCE NO. 509-202 -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 A NEIGHBORHOOD RECREATION CENTER, SWIMMING POOL IN A
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91
SUBURBAN DEVELOPMENT (SD) DISTRICT ON THE FOLLOWING PROPERTY
BEING A 1.7915 ACRE TRACT LOCATED IN THE H.T. & B.R.R. SURVEY, A-241,
BRAZORIA COUNTY, TEXAS AND OUT OF A CALLED 160 ACRE TRACT IN AN
INSTRUMENT RECORDED IN VOLUME 708, PAGE 109, DEED RECORDS OF
BRAZORIA COUNTY, TEXAS (WEST OF WEST OAKS VILLAGE SECTION 1-
B).(SPECIFIC USE PERMIT NO. 60) AT THE REQUEST OF R. WEST, DEVELOPMENT
CO., INC, AGENT FOR WEST OAKS VILLAGE SECTION 2, LTD., 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 Mayor Pro -Tem Beckman to
approve Ordinance No. 509-202 (Specific Use Permit No.60) on its first reading.
Mayor Reid read into the record the Planning & Zonings Commission's recommendation
to approve (Specific Use Permit No. 60).
Voting "Aye" Councilmembers Cole, Berger, Beckman, and Tetens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins being absent.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 9:35 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY
REGARDING POTENTIAL LITIGATION - DISCUSSION
REGARDING ECOLOQUIP, INC.
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 10:08 p.m.
COUNCIL ACTION - INSTRUCTION TO CITY ATTORNEY REGARDING POTENTIAL
LITIGATION WITH ECOLOQUIP, INC.
Page 14 of 15-4113
Councilmember Cole made the motion, seconded by Councilmember Tetens to authorize
the City Manager to enter into an agreement with Ecoloquip, Inc., and authorize legal
fees as appropriate.
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 10:10 p.m.
Minutes approved as submitted and/or corrected this the 27th day of
Apri 1 , A.D., 1998.
ATTEST:
Tom Reid
Mayor
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