1998-04-27 CITY COUNCIL REGULAR MEETING MINUTESC MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON APRIL 27, 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
Tom Reid
Mayor Pro -Tem
Helen Beckman
Councilmember
Richard Tetens
Councilmember
Lary Wilkins
Councilmember
Kevin Cole
Councilmember
William Berger
City Manager
Paul Grohman
Interim City Attomey
Darrin Coker
Assistant City Secretary
Wendy Standorf
Others in attendance: Project Coordinator Alan Mueller;
Parks & Recreation Director Ed Hersh; Police Chief Mi
Director PEDC John Bowman; Officer Matt Zeped
Development Director Dennis Smith; Public Works Dir
Officer Gordon Island; and Advanced Intern Ruby Perez.
INVOCATION AND PLEDGE OF ALLEGIANCE
City Engineer John Hargrove;
ke Hogg: Assistant Executive
a; Planning and Community
Dire Jerry Burns; Purchasing
The invocation was given by Police Chief Mike Hogg and the Pledge of Allegiance was
led by Councilmember Wilkins.
APPROVAL OF MINUTES
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Beckman to
approve the minutes of the April 13, 1998 Joint Public Hearing held at 6:30 p.m., the
minutes of the April 13, 1998 Regular Council Meeting held at 7:30 p.m.
Voting 'Aye' Councilmembers Tetens, Beckman, Berger, and Cole.
Voting 'Aye' Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins.
Voting "Abstain' Councilmember Wilkins
Voting 'No' None.
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C
Motion Passed 4 to 0 with Councilmember Wilkins abstaining. Sep
MAYOR'S ACTIVITY REPORT:
Mayor Reid, Mayor Pro -Tem Beckman, Citizens Police Academy Member, and
Councilmember Tetens presented a proclamation to proclaiming the week of April 27th
as "Citizen Police Academy Week.
Bill Chase presented a plaque to the Citizens Police Academy Association for services
provided to the parks and recreation.
Mayor Reid submitted his activity report in writing to be placed into the record.
Mayor Reid reported that on April 15 he attended the Brazoria County Cities Association
Monthly Meeting; April 16 he attended the Pasadena Chamber Luncheon as a guest of
Mayor Johnny Isbell and also attended Gulf Coast Water Authority Board of Directors
Meeting; April 18 he attended the Keep Pearland Beautiful Hazardous Waste Collection;
April 19 Community Band Concert; April 20 he went on the PEDC/Southeast Harris
County Economic Development trip to Austin on regional tourism; April 21 he attended
HGAC Board of Directors Meeting and the Keep Pearland Beautiful Environmental Fair;
April 22 he attended the Houston Leadership Class Act Awards; April 24 he attended
Men Who Cook and on April 27 he attended the School to Work Meeting.
Mayor Reid with concurrence of Council moved to New Business Item No. 4.
FIRST AND ONLY READING OF ORDINANCE NO. 845 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 29,
TRAFFIC, OF THE CITY OF PEARLAND CODE OF ORDINANCES, FOR PURPOSES
OF ADDING THE PROVISIONS REGARDING PARKING SPACES FOR THE DISABLED
TO REFLECT RECENT CHANGES IN THE STATE LAW, AND SETTING FORTH
OTHER PROVISIONS RELATED THERETO; PROVIDING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING A PENALTY FOR
VIOLATION; PROVIDING FOR PUBLICATION, CODIFICATION AND AN EFFECTIVE
DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED FOR
ENFORCEMENT OF HANDICAPPED PARKING LAWS BEARS DIRECTLY UPON THE
HEALTH, SAFETY AND WELFARE OF THE CITIZENRY.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Beckman to
approve Ordinance No. 845 on its first and only reading.
Police Chief, Mike Hogg, addressed Council and gave an update of the projects of
Page 2 of 17 - 4/27
the Citizens Police Academy. He also stated that they help with the newsletter, patrol
the parks and various other projects. Chief Hogg stated that the CPA would look at all
the parking lot spaces and advise the owners how to bring the handicap parking
spaces up to code. He further stated that they would look at, record and bring a
complaint to the municipal court if they found anyone in violation of parking in a
handicap parking space.
Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins.
Voting "No' None.
Motion Passed 5 to 0.
Mayor Reid with concurrence of Council moved back to Council's Activity Reports.
COUNCIL'S ACTIVITY REPORTS:
Council waived the reading of their activity reports.
CITY MANAGER'S REPORT:
City Manager, Paul Grohman, passed on his report.
CITIZEN'S:
Charlie Green, 3548 W. Sterling, addressed Council regarding tax issues concerning
newly incorporated areas.
UNFINISHED BUSINESS:
SECOND AND FINAL 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 Wilkins made the motion, seconded by Councilmember Tetens to
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approve Ordinance No. 181-4 on its second and final reading.
Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
SECOND AND FINAL 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.
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Tetens to
approve Ordinance No. 842 on its second and final reading.
Interim City Attorney, Damn Coker, addressed the changes that Council had
requested.
Voting "Aye' Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins.
Voting 'No' None.
Motion Passed 5 to 0.
SECOND AND FINAL 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.
Page 4 of 17 - 4/27
Councilmember Berger made the motion, seconded by Councilmember Wilkins to
approve Ordinance No. 224-11 on its second and final reading.
City Manager, Paul Grohman, stated that there were two issues in the Ordinance.
First a sprinkler system versus a firewall; he stated that the Fire Marshal thinks this
will be a much better system and second it does not include move -in houses. He
further stated that there are inspections annually and bi-annually by the Fire Marshal. --f
Voting "Aye' Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole.
Voting "No' None.
Motion Passed 5 to 0.
SECOND AND FINAL 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 112 OF THE SOUTHEAST 114 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.
Councilmember Cole made the motion, seconded by Councilmember Berger to
approve Ordinance No. 509-195 (Application No.265) on its second and final
reading.
Voting "Aye' Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins.
Voting "No' None.
Motion Passed 5 to 0.
SECOND AND FINAL READING OF ORDINANCE NO. 509-196 - AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
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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 112 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 Wilkins made the motion, seconded by Councilmember Tetens to
approve Ordinance No. 509-196 (Application No.266) on its second and final
reading.
Voting 'Aye' Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole.
Voting 'No' None.
Motion Passed 5 to 0.
r SECOND AND FINAL 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 SUBDMSION 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.
Councilmember Tetens made the motion, seconded by Councilmember Wilkins to
approve Ordinance No. 509-197 (Application No.270) on its second and final
Page 6 of 17 - 4127
reading.
Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins.
Voting "No' None.
Motion Passed 5 to 0.
SECOND AND FINAL 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 SUBURBAN DEVELOPMENT (SD) DISTRICT ON THE
FOLLOWING PROPERTY BEING A 1.7915 ACRE TRACT LOCATED IN THE N.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.
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Cole to
approve Ordinance No. 509-202 (Speck Use Permit No. 60) on its second and
final reading.
Voting "Aye' Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins.
Voting 'No' None.
Motion Passed 5 to 0.
COUNCIL ACTION - MOTION TO REMOVE FROM THE TABLE, ORDINANCE NO.
509-198.
Councilmember Berger made the motion, seconded by Councilmember Cole to
remove No. 509-198 (Application No. 263) from the table.
Voting "Aye' Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole.
Page 7 of 17 - 4/27
Voting 'No' None.
Motion Passed 5 to 0.
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 HARKEY 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
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT.
Councilmember Berger made the motion, seconded by Councilmember Wilkins to
approve Ordinance No. 509-198 (Application No.263) on its first reading.
Mayor Reid stated that he was concerned about high density.
Councilmember Tetens stated that the same size lot would fit in a less dense area
(R-2), but the developer asked for a (R-3) zone.
Rene West, developer, stated that Section 3, (R-3) fits what they are doing in Section
1 and 2 of West Oaks. R4 is for a bigger product, N it does not work she will needs
to be able to go and re -do to fir R-3; different product.
Councilmember Wilkins asked if she will have to go back it does not work. No she
would re -plat only.
Voting "Aye' Councilmembers Tetens, Beckman, Berger, and Cole.
Voting 'No' Councilmember Wilkins.
Motion Passed 4 to 1.
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J 1 f: - X. NEW BUSINESS:
RESOLUTION NO. R98-35 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO ENTER INTO AN ADDENDUM TO THE DEVELOPMENT
AGREEMENT WITH SOUTHWYCK SECTION THREE LTD., A TEXAS GENERAL
PARTNERSHIP, EXECUTED ON AUGUST 25, 1997, FOR THE CONSTRUCTION
OF TWO LANES OF SOUTHFORK DRIVE ALONG THE SOUTHERN BOUNDARY
OF SOUTHWYCK SECTION 3 PHASE 4.
Councilmember Cole made the motion, seconded by Councilmember Berger to
approve Resolution No. R98-35.
Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole.
Project Coordinator, Alan Mueller, gave a presentation of the location. He stated that
the builder is going to escrow the additional money for roads.
Voting "No" None.
Motion Passed 5 to 0.
RESOLUTION NO. R98-36 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE A DEVELOPMENT AGREEMENT WITH BEAZER HOMES
TEXAS, L.P., A TEXAS LIMITED PARTNERSHIP, FOR OVERSIZE
CONSTRUCTION OF A WATER MAIN AND SANITARY SEWER FACILITIES TO
SERVE TAX INCREMENT REINVESTMENT ZONE NO. 1 AND OTHER
PROPERTIES IN ITS VICINITY WEST OF COUNTY ROAD 89 APPROXIMATELY
ONE-HALF MILE SOUTH OF FM 518.
Councilmember Wilkins made the motion, seconded by Councilmember Tetens to
approve Resolution No. R98-36.
Project Coordinator, Alan Mueller, gave a presentation regarding the oversizing of the
water and wastewater service line. He further stated that Beazer will pay for the
oversizing and the City will repay their portion over a three year period.
Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins.
Page 9 of 17 - 4/27
Voting 'No" None.
Motion Passed 5 to 0.
Councilmember Cole asked to move to Item No. 14 and Council concurred.
FIRST READING OF ORDINANCE NO. 509-204 - 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 DESIGNATED AS TRACT 20, SANDOVAL
SUBDIVISION CONTAINING .370 AC. IN THE WEST % OF THE NORTHEAST Y4,
SECTION 15, H.T.&B.R.R. CO. SURVEY, A-241, BRAZORIA CO. TX (6606 W.
BROADWAY). (APPLICATION NO. 258) FROM CLASSIFICATION SINGLE FAMILY
DWELLING DISTRICT (R-1) TO GENERAL BUSINESS (GB) AT THE REQUEST OF
PAUL AND ALICE GUTIERREZ, 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 made the motion, seconded by Councilmember Cole to
approve Ordinance No. 509-204 (Application No. 258) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's
recommendation to approve (Application No. 258).
Voting "Aye" Counciimembers Wilkins, Tetens, Beckman, Berger, and Cole.
Voting "No' None.
Motion Passed 5 to 0.
Mayor Reid with concurrence of Council moved back to New Business No. 3.
RESOLUTION NO. R98-37 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE
A PIPELINE ADJUSTMENT AGREEMENT WITH TEXACO PIPELINE INC.,
A DELAWARE CORPORATION, FOR ADJUSTMENT OF PIPELINES IN
CONNECTION WITH THE McHARD ROAD OVERPASS.
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Tetens to
Page 10 of 17 - 4/27
it
approve Resolution No. R98-37.
Project Coordinator, Alan Muller, addressed Council and stated that each pipeline has
to be adjusted. They have asked for speck approval and we will reimburse actual
cost.
Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins.
Voting "No" None.
Motion Passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 846 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING THE PROJECT
PLAN AND REINVESTMENT ZONE FINANCING PLAN AS APPROVED BY THE
BOARD OF DIRECTORS OF TAX INCREMENT REINVESTMENT ZONE NO. 1
('TIRZ"), CITY OF PEARLAND, TEXAS; CONTAINING A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE; AND CONTAINING FINDINGS AND
PROVISIONS RELATED TO THE FOREGOING SUBJECT; AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO DEVELOP THE CITY'S
INFRASTRUCTURE INURES TO THE BENEFIT OF THE PUBLIC AND,
THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE
OF THE CITIZENRY.
Councilmember Berger made the motion, seconded by Councilmember Cole to
approve Ordinance No. 846 on its first and only reading.
Project Coordinator, Alan Mueller, stated that on December 8, 1997 Ordinance No.
834 created the TIRZ and the preliminary financial plan. The TIRZ Board met and
adopted an official plan. The only substantial difference is 5.75% will begin accruing
July 2000-2003. We will not issue debt until adequate homes are built to cover the
debt.
Voting "Aye' Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole.
Voting "No' None.
Motion Passed 5 to 0.
COUNCIL ACTION AWARD OF BID NO. B98-6 - FOR FOOD VENDING
MACHINES AND SERVICE AT CITY FACILITIES.
Page 11 of 17 - 4/27
Councilmember Cole made the motion, seconded by Councilmember Berger to award
Bid No. B98-6 for Food Vending Machines and Service to Executive Suite Vending.
—' Parks and Recreation Director Ed Hersh reviewed the bid received for Food Vending
Machines and Service, and recommended that Bid No. B98-6 be awarded to
Executive Suite Vending.
Voting "Aye' Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole.
Voting 'No' None.
Motion passed 5 to 0.
COUNCIL ACTION - AWARD OF BID NO. 698-07 FOR HAUL ROAD SURFACE
STABILIZATION, DAVID L. SMITH DETENTION FACILITY.
Councilmember Wilkins made the motion, seconded by Councilmember Cole to
award Bid No. 898-07 for Haul Road Surface Stabilization, David L. Smith Detention
Facility to Haddock Construction for the total bid in the amount of $146,509.72.
City Engineer John Hargrove reviewed the bids received and stated that the bid was
broken down into A, B, & Alternate 1. Mr. Hargrove proposes to write the contract
without section B. The bid order changed drastically without section B; to the city's
advantage. He recommended that Bid No. B98-07 be awarded to Haddock
Construction, in the amount of $146,509.72
Voting 'Aye' Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins.
Voting 'No' None.
COUNCIL ACTION - EXCUSE ABSENCE OF COUNCILMEMBER LARRY WILKINS
FROM THE REGULAR MEETING APRIL _13, 1998.
Councilmember Tetens made the motion, seconded by Councilmember Cole to
excuse the absence of Councilmember Lary Wilkins from the regular meeting held
on April 13, 1998.
Voting "Aye" Councilmembers Cole, Berger, Beckman, and Tetens.
Page 12 of 17 - 4/27
Voting "Abstain' Councilmember Wilkins.
Voting "No' None.
Motion Passed 4 to 1, with Councilmember Wilkins abstaining.
FIRST READING OF ORDINANCE NO. 509-192 - 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 4.00 ACRES OF LAND, MORE OR LESS,
OUT OF THE T.C.R.R. CO. SURVEY, NO. 3 A-768, AND BEING A PORTION OF
LOT 2, BLOCK 8, ALLISON RICHEY GULF COAST HOME CO. SUBURBAN
GARDEN SUBDIVISION ACCORDING TO THE DEED RECORDS, BRAZORIA CO.,
TX (10655 MCHARD ROAD)(APPLICATION NO. 256) FROM THE CLASSIFICATION
OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL (C) AT THE
REQUEST OF LARRY J. BALL, 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 Berger to
approve Ordinance No. 509-192 (Application No. 256) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's
recommendation to approve (Application No. 256).
Councilmember Cole has concerns regarding McHard Road. He stated that the only
thing there is Strouhal. The first development being a RV, Boat, and Camper storage
will set a bad precedent for this newly annexed area.
Voting `Aye' None.
Voting 'No' Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole.
Motion Failed 0 to 5.
Interim City Attorney, Darrin Coker, informed Council that Ordinance No. 509-199
(Application No. 260), Ordinance No. 509-200 (Application No. 261) and Ordinance
No. 509-201 (Application No. 262) could be acted upon together.
Page 13 of 17 - 4/27
112-1
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.
Councilmember Berger made the motion, seconded by Councilmember Wilkins to
approve Ordinance No. 509-199 (Application No. 260) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's
recommendation to approve (Application No. 260).
Voting `Aye' Councilmembers Cole, Berger, and Beckman,
Voting `No' Councilmembers Tetens and Wilkins.
Motion Passed 3 to 2.
FIRST READING OF ORDINANCE NO. 509- 200 - 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 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;
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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. 509-200 (Application No. 261) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's
recommendation to approve (Application No. 261).
Mayor Pro -Tem Beckman stated that she had a problem with large lots and the
density.
Renee West, Developer, stated this section is more of the same as in Section 1 of
West Oaks Village.
Voting "Aye' Councilmembers Beckman, Berger, and Cole.
Voting 'No' Councilmember Wilkins and Tetens.
Motion Passed 3 to 2.
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 `J
INSTRUMENT 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.
Councilmember Cole made the motion, seconded by Councilmember Berger to
approve Ordinance No. 509-201 (Application No. 262) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's
Page 15 of 17 - 4/27
recommendation to approve (Application No. 262).
Voting "Aye" Councilmembers Beckman, Berger, and Cole.
Voting "No' Wilkins and Tetens.
Motion Passed 3 to 2.
FIRST READING OF ORDINANCE NO. 509.203 - 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 3.4228 ACRES IN THE H.T. & B. RR CO.
SURVEY, A-241, AND BEING OUT OF A 39.2484 ACRE TRACT CONVEYED IN 96-
015983 OF THE DEED RECORDS, BRAZORIA CO. TX (6516 BROADWAY)
(APPLICATION NO. 286) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF R. WEST
DEVELOPMENT CO., INC., AGENT FOR FRANK D. BARRINGER, TRUSTEE,
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 Wilkins made the motion, seconded by Councilmember Tetens to
approve Ordinance No. 509-203 (Application No. 286) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's
recommendation to approve (Application No. 286).
Voting 'Aye' Councilmembers Tetens, Beckman, Berger, and Cole.
Voting 'No' Councilmember Wilkins.
Motion Passed 4 to 1.
OTHER BUSINESS:
ADJOURNMENT
Meeting was adjourned at 10:20 p.m.
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�j 2
Minutes approved as submitted and/or corrected this the > > th day of
May , A.D., 1
ATTEST:
Wendy Stanorf
Assistant C' ecretary
998.
Tom Reid
Mayor
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