1999-09-27 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON SEPTEMBER 27, 1999, 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
William Berger
Councilmember
Helen Beckman
Councilmember
Richard Tetens
Councilmember
Larry Wilkins
Councilmember
Klaus Seeger
City Manager
Glen Erwin
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Others in attendance: Executive Director P.E.D.C. Mike Chance; City Engineer John
Hargrove; Chief Building Official Gene Tumlinson; Parks & Recreation Director Ed Hersh;
Public Works Director Jerry Burns; Assistant City Attorney Nghiem Doan; Project Manager
Michael Ross; Assistant Chief of Police Johnny Spires; Purchasing Officer Gordon Island;
Utilities Accounts Supervisor Missy Miller.
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Councilmember Tetens, and the Pledge of Allegiance was led
by Parks & Recreation Director Ed Hersh.
APPROVAL OF MINUTES
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
approve the minutes of the September 13, 1999, Joint Public Hearing held at 6:30 p.m.;
Minutes of the September 13, 1999, Regular Council Meeting held at 7:30 p.m.
Voting "Aye" Councilmembers Seeger, Berger, Tetens, and Beckman.
Voting "No" None.
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12.1
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Motion passed 4 to 0, Councilmember Wilkins abstaining.
MAYOR'S ACTIVITY REPORT
Mayor Reid presented a proclamation to members of the Southeast Shriners proclaiming
September 27, 1999 as "Shriners Hospital for Child ren-Pearland Days."
Mayor Reid and Mayor Pro -Tem Berger presented a proclamation to Nell Fuller proclaiming
September 22, 1999 as "American Business Women's 50th Anniversary Day."
Mayor Reid and Councilmember Larry Wilkins presented a proclamation to members of the
Knights of Columbus proclaiming September 27, 1999 as "Knights of Columbus Day for
Texas Charities."
Mayor Reid and Councilmember Beckman read a proclamation proclaiming October 10 -
16, 1999 as "World Population Awareness Week."
Mayor Reid reported on September 14 he attended the Shadow Creek Ranch Reception;
September 15 he attended the Salute to Industry Dinner and Brazoria Counties Cities
Association Meeting; September 16-18 he attended TML Risk Pool Board of Directors
Quarterly Meeting; September 20 he attended the School to Work Monthly Meeting, the
PEDC Monthly Board Meeting and a Council Public Hearing; September 21 he attended
the HGAC Monthly Meeting, attended the Sam Walton Award for Lucy Stevener and the
Chamber After Hours Mixer at Executive Suites; September 22-24 he attended the Texas
Association Regional Councils of Government Annual Meeting; September 25 he attended
a reception for Senator Phil Gramm and the Celebration of the opening of the McHard
Road Overpass.
COUNCIL ACTIVITY REPORTS
Councilmember Beckman reported while attending the Library Board Meeting the Board
asked her to convey to the Council that they are pleased with the development of the new
library and they particularly commend the contractor and architect who are doing a
wonderful job. They are very professional and are wonderful to work with.
Councilmembers Tetens, Berger, Wilkins and Seeger passed on their report.
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CITY MANAGER'S REPORT
123
City Manager, Glen Erwin stated that the City Staff has done an excellent job in
coordinating the library project.
CITIZENS
Becky Cornelius, 2415 Golfcrest, addressed Council regarding the amount traffic through
Green Tee Subdivision. Ms. Cornelius also addressed her concerns and desires to have
Yost Road opened up from Scarsdale. In closing she stated that Harris County
Commissioner EI Franco Lee's Office has been contacted and is asking them to cut off any
negotiations with the City of Pearland for any future projects until this project has been
resolved.
Joseph Zvanut, 2905 Yorkshire, addressed Council and stated that he wanted to address
the validity of Ordinance No. 891 regarding the creation of Tax Increment Reinvestment
Zone No. 2. Mr. Zvanut gave several reasons of why he says the ordinance is not valid.
He passed out copies of a summary he had prepared to each Councilmember, City
Attorney, and City Secretary. He asked that the summary be reviewed by the City Attorney
and he be advised of the legality of Ordinance No. 921.
Nancy Bowen, 2608 Country Club, addressed Council and that Becky spoke distinctly and
clearly regarding the traffic and current situation in Green Tee. She further stated that she
is a Realtor and she further addressed some of the concerns that her clients have had
regarding traffic control. Ms. Bowen further addressed her concerns regarding the
extension of Scarsdale to Yost Road. In closing she stated that she will be at all of the
Council Meeting and will become more involved.
DOCKETED PUBLIC HEARINGS: None.
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-312 - 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 LOCATION BEING TRACT
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124
1: THE EAST '/z OF LOT 64 & TRACT 2: THE EAST '/z OF LOT 63, SECTION 9,
H.T. & B.R.R. CO. SURVEY, A-234, RECORDED IN VOLUME 13, PAGE 615
DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 642)
(14610 ROY ROAD) FROM THE CLASSIFICATION OF SUBURBAN
DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE
REQUEST OF FRANCES POWELL ADAMS, 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.
B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-318 - 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 LOCATION BEING THE
SOUTHWEST 1/4 OF LOT 35, H.T. & B.R.R. CO. SURVEY, A-219, RECORDED
IN THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO.
654) (14405 GARDEN ROAD) FROM THE CLASSIFICATION OF SUBURBAN
DEVELOPMENT (SD) TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE
REQUEST OF ORLEN W. & PHYRNE R. O'DAY, 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.
C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-321 - 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 LOCATION BEING LOT 2,
BLOCK 26, ALLISON RICHEY GULF COAST SUBDIVISION, SECTION 4, TCRR
SURVEY, A-675, RECORDED IN VOLUME 2, PAGE 99, PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 783) (15707 SH 288) FROM
THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO
COMMERCIAL DISTRICT (C) AT THE REQUEST OF JAMES W. & BARBARA
DIXON, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE
DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
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125
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE
SUBJECT.
D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-322 - 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 LOCATION BEING A 1
ACRE TRACT OUT OF THE NORTHWEST END OF LOT 21, G.W. JENKINS
SUBDIVISION, IN THE W.D.C. HALL SURVEY, A-70, RECORDED IN VOLUME
1101, PAGE 279, DEED RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 682) (1709 BROADWAY) FROM THE CLASSIFICATION OF
GENERAL BUSINESS DISTRICT (GB) TO COMMERCIAL DISTRICT (C) AT THE
REQUEST OF J.R. MAY, 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.
E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-323 - 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 LOCATION BEING A 5.000
ACRE TRACT, THE NORTH '/2 OF LOT 21, ALLISON RICHEY GULF COAST
HOME CO. SUBDIVISION, SECTION 81, H.T. & B.R.R. CO. SURVEY, A-300,
RECORDED IN VOLUME 2, PAGE 98, PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 694) (2202 SMITH MILLER ROAD) FROM
THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO
GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF JIM
ORESCHNIGG, 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.
F. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-324 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE
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126
LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF GRANTING A SPECIFIC USE
PERMIT FOR ATWO- FAMILY DWELLING INA GENERAL BUSINESS DISTRICT
(GB) ON THE FOLLOWING PROPERTY, TO -WIT: BEING LOTS 41-44, BLOCK
6 OF OLD TOWNSITE PLAT, ACCORDING TO THE PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (SPECIFIC USE PERMIT NO. 73) (2214 N.
GRAND) FROM CLASSIFICATION GENERAL BUSINESS (GB) TO GENERAL
BUSINESS DISTRICT (GB) WITH A SPECIFIC USE (S) AT THE REQUEST OF
PAT BURKETT, OWNER PROVIDING FORAN AMENDMENTOF THE LAND USE
DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE,
AN EFFECTIVE DATE; AND OTHER PROVISIONS RELATED TO THE SUBJECT.
G. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-325 - 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 LOCATION BEING LOT A,
GARDEN ACRES SUBDIVISION, SECTION 3, AS RECORDED IN THE PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 796) (6117
BROADWAY) FROM THE CLASSIFICATION OF GENERAL BUSINESS
DISTRICT (GB) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF R.
WEST DEVELOPMENT, 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.
H. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-327 - 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 LOCATION BEING LOT 13,
BETHEL ESTATES SUBDIVISION, SECTION 2, OUT OF A 25.9538 ACRE
UNRECORDED SUBDIVISION, ALLISON RICHEY GULF COAST HOME CO.
SUBDIVISION, SECTION 19, H.T. & R.R. CO. SURVEY, A-234, BRAZORIA
COUNTY MAP RECORDS (APPLICATION NO. 736) (13860 STONE ROAD)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF THE
Page 6 of 26 - 9/27/1999
ALBERT & GLORIA MELGOZA, 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.
J. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-329 - 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 LOCATION BEING A 4.3026
ACRE TRACT, THE NORTH '/2 OF LOT 38, SECTION 2, H.T. & B.R.R. CO.
SURVEY, A-542, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 807) (1702 N. MAIN) FROM CLASSIFICATION LIGHT
INDUSTRIAL DISTRICT (M-1) TO COMMERCIAL DISTRICT (C) AT THE
REQUEST OF DAVE A. FERRI, 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 made the motion, seconded by Councilmember Tetens, to
approve Items A through J, Ordinances Nos. 509-312, 509-318, 509-321, 509-322, 509-
323, 509-324, 509-325, 509-327, 509-329 with the exception of Item I. Ordinance No.
509-328 which has been removed from the Consent Agenda.
Larry Marcott, 3606 Inverness Court, addressed Council regarding Item D. Ordinance No.
509-322. He said he does not have a problem with it except there is already construction
that has started on this property. Mr. Marcott also addressed Item I. Ordinance No. 509-
328 and the developer is requesting various zone changes and not building on the
property what it is currently zoned, which is for the highest and best use.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
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128
MATTERS REMOVED FROM CONSENT AGENDA
I. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-328 - 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 LOCATION BEING A
120.417 ACRE TRACT IN THE W.D.C. HALL LEAGUE, A-70 AND PART OF
LOTS 13-24, S.W. NARREGANG SUBDIVISION, VOLUME 1, PAGE 92 AND
ALSO LOTS 1 & 2, GEORGE W. JENKINS SUBDIVISION, VOLUME 79, PAGE
616, BRAZORIA COUNTY MAP RECORDS (APPLICATION NO. 806) FROM
CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-1) TO SINGLE
FAMILY DWELLING DISTRICT -PLANNED UNIT DEVELOPMENT (R-2 PUD) AT
THE REQUEST OF KEN CAFFEY OF OAKBROOK ESTATES, 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 Beckman made the motion, seconded by Councilmember Tetens, to
deny Ordinances No. 509-328 on its second and final reading.
Councilmember Tetens stated that this property is an R-1 and has been for years and
feels that is the highest and best use for that property and it should not be changed.
Councilmember Beckman stated that she agrees.
Mayor Pro -Tem Berger stated that he support this ordinance on its first reading. He said
that the developer was working well with the homeowners. After considering the best use
of the property he also agrees that best use of property would be to leave it alone. He
also expressed his concerns regarding some trust that he has lost with this developer
because of some previous transactions done with land in the City. Mayor Pro -Tem Berger
further addressed his concerns regarding Fox & Jacobs building a home along the City's
premier boulevard.
Councilmember Wilkins stated that he also concurs that the property should be R-1 which
is the highest and best use of the property.
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X29
Councilmember Seeger stated that he took a drive around the City and he also has to
agree that property should be used for R-1 which is the highest and best use of the
property.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens and Beckman
Voting "No" None.
Motion Passed 5 to 0.
NEW BUSINESS
FIRST AND ONLY READING OF ORDINANCE NO. 930 - AN ORDINANCE
AUTHORIZING ISSUANCE OF CITY OF PEARLAND, TEXAS, WATER AND SEWER
SYSTEM REVENUE BONDS, SERIES 1999; PRESCRIBING THE TERMS AND
CONDITIONS THEREOF; PROVIDING FOR THE PAYMENT THEREOF; MAKING
OTHER PROVISIONS REGARDING SUCH BONDS AND MATTERS INCIDENT
THERETO; AWARDING THE SALE OFTHE BONDS; AUTHORIZING ENGAGEMENTOF
BOND COUNSEL; AUTHORIZING EXECUTION AND DELIVERY OF A PAYING
AGENT/REGISTRAR AGREEMENT, A LIQUIDITY AGREEMENT, A PLACEMENT
AGREEMENT AND A REMARKETING AGREEMENT; AND DECLARING AN
EMERGENCY, AS THE TIMELY ISSUANCE OF WATER AND SEWER SYSTEM
REVENUE BONDS BEARS DIRECTLY UPON THE HEALTH, SAFETY, AND WELFARE
OF THE CITIZENRY.
Passed, no Council action taken.
COUNCIL ACTION - RESOLUTION NO. R99-73 - A RESOLUTION OF THE CITY
COUNCIL OF PEARLAND, TEXAS, MAKING CERTAIN FINDINGS RELATING TO THE
CREATION OF CITY OF PEARLAND PUBLIC IMPROVEMENT DISTRICT NO. ONE
(SHADOW CREEK RANCH).
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
approve Resolution No. R99-73.
City Attorney, Darrin Coker, stated that this and the next item are relative to the Shadow
Creek Ranch Development. This is a Public Improvement District which will be necessary
for other infrastructure development to take place in more subdivision type related
developments. Mr. Coker further explained what the requirements are to establish a P.I.D.
Page 9 of 26 - 9/27/1999
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R99-74 - A RESOLUTION OF THE CITY
COUNCIL OF PEARLAND, TEXAS, AUTHORIZING CITY OF PEARLAND PUBLIC
IMPROVEMENT DISTRICT NO. ONE (SHADOW CREEK RANCH).
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Wilkins, to approve
Resolution No. R99-74.
City Manager, Glen Erwin stated that this also pertains to the Shadow Creek Ranch
Development.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL AND POSSIBLE ACTION - RESOLUTION NO. R99-70 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN AGREEMENT WITH CARTER &
BURGESS, INC. FOR PREPARATION OF FINAL PLANS AND SPECIFICATIONS FOR
THE FITE/HARKEY/MAGNOLIA SEWER LINE, THE HARKEY ROAD/RAVENWOOD
SEWER LINE, AND THE MCHARD ROAD SEWER LINE.
Passed, no Council action taken.
COUNCIL ACTION - RESOLUTION NO. R99-71- A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO ENTER INTO AN AGREEMENT WITH WILLIAMS-
STACKHOUSE, INC. FOR PROFESSIONAL MAPPING SERVICES TO INCLUDE BOTH
THE CITY LIMITS AND ITS EXTRATERRITORIAL JURISDICTION.
Councilmember Wilkins made the motion, seconded by CouncilmemberTetens, to approve
Resolution No. R99-71.
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X31
City Manager, Glen Erwin, stated that this action will allow us to update our existing maps
and allow us to go into the ETJ and do additional mapping.
City Engineer, John Hargrove gave a brief overview of the City's mapping needs and
what this contract covers for the City regarding City mapping.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R99-72 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO AMEND THE CONTRACT WITH VERNON HENRY &
ASSOCIATES FOR ADDITIONAL SERVICES REQUIRED TO COMPLETE THE CITY'S
COMPREHENSIVE PLAN.
Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to
approve Resolution No. R99-72.
City Manager, Glen Erwin, stated that several years ago the City contracted with Vernon
Henry and Associates to complete a Comprehensive Plan for the City. That plan was due
in December 1997. At no fault of the contractor it was never completed. Mr. Erwin further
reported that a schedule has been established and the Comprehensive Plan should be
completed. by December. He stated that there is adjacent funds in the budget for this
project.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 927 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENAMING BADEN OAKS DRIVE AS
EAST BADEN OAKS DRIVE AND SOUTH BADEN OAKS DRIVE; 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 ASSIGN STREETS DISSIMILAR
NAMES TO PREVENT CONFUSION AMONG EMERGENCY SERVICE PROVIDERS
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13?
INURES TO THE BENEFIT OF THE GENERAL PUBLIC AND, THEREFORE, BEARS
DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY.
Councilmember Beckman made the motion, seconded by Councilmember Tetens to
approve Ordinance No. 927 on its first and only reading.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 928 -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 DIAMOND WAY
COURT IN AN EASTERLY DIRECTION AT ITS INTERSECTION WITH LAKEWAY LANE,
UPON COLUMBUS COURT IN AN EASTERLY DIRECTION AT ITS INTERSECTION
WITH PEBBLE BEACH LANE, UPON BAY BRIDGE STREET IN A NORTHERLY
DIRECTION AT ITS INTERSECTION WITH NORTHFORK DRIVE, UPON BAY BRIDGE
STREET IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH SEAGULL LANE
(VILLAGE OF EDGEWATER ESTATES, SECTION 4); 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, THEREFORE, BEARS DIRECTLY UPON THE HEALTH,
SAFETY AND WELFARE OF THE CITIZENRY.
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
approve Ordinance No. 928 on its first and only reading.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 929 -AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, VACATING, CLOSING, AND ABANDONING A
CERTAIN FIFTY FOOT (50') WIDE UNCONSTRUCTED ROAD RIGHT-OF-WAY
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133
LOCATED ON A 0.475 ACRE TRACT LOCATED IN THE H. T. & B. R. R. COMPANY
SURVEY, ABSTRACT 232, WITHIN THE CORPORATE CITY LIMITS OF PEARLAND,
BRAZORIA COUNTY, TEXAS, IN ACCORDANCE WITH ORDINANCE NO. 788; HAVING
A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Wilkins, to
approve Ordinance No. 929 on its first and only reading.
City Manager, Glen Erwin, stated that this is precipitated by a project that the PEDC is
involved with a company called Chemcentral, that has purchased this tract of land. The
old right- of- way at Scott Street goes through that tract of land. Mr. Erwin further stated
that the City does not anticipate putting a street at that location, and to help the company
and the development of their project they have asked that the City abandon that right-of-
way.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 931 -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 BARKLY COURT IN A
NORTHERLY DIRECTION AT ITS INTERSECTION WITH HICKORY KNOLL DRIVE,
UPON BRECKONRIDGE CIRCLE IN A NORTHERLY DIRECTION AT ITS
INTERSECTION WITH HICKORY KNOLL DRIVE, UPON BROOKHAVEN COURT IN A
NORTHERLY DIRECTION AT ITS INTERSECTION WITH HICKORY KNOLL DRIVE,
UPON HICKORY KNOLL DRIVE IN A WESTERLY DIRECTION AT ITS INTERSECTION
WITH GLASTONBURY DRIVE (TWIN WOODS SUBDIVISION, SECTION2); 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, THEREFORE, BEARS DIRECTLY
UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY.
Councilmember Wilkins made the motion, seconded by Councilmember Tetens to
approve Ordinance No. 931 on its first and only reading.
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Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 925 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENAMING EAST SUMAC
DRIVE AS SUMAC DRIVE; 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 ASSIGN STREETS DISSIMILAR NAMES TO PREVENT
CONFUSION AMONG EMERGENCY SERVICE PROVIDERS INURES TO THE BENEFIT
OF THE GENERAL PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE
HEALTH, SAFETY AND WELFARE OF THE CITIZENRY.
Passed, no Council action taken.
COUNCIL ACTION - COUNCIL ACCEPTANCE OF TWIN WOOD SECTION TWO
SUBDIVISION.
Councilmember Seeger made the motion, seconded by Councilmember Tetens to accept
Twin Woods Section Two Subdivision.
City Engineer, John Hargrove, addressed Council and stated that this subdivision is about
fourteen and half acres, consist of forty-nine lots, and all of the work has been completed.
Mr. Hargrove recommended its acceptance for operation and maintenance.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman
Voting "No" None.
Motion Passed 5 to 0.
COUNCILACTION -AWARD OF BID NO. 99-089 FOR ELECTRIC (REPAIR) SERVICES.
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
award Bid No. B99-089 for Electric (Repair) Services to R & B Electric, Inc. for the total
bid in the amount of $ 36.75 hour for a master electrician.
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City Manager, Glen Erwin stated for several years the City has contracted out the
electrical repair services. It prevents the City from having to hire an electrician and supply
all the equipment and vehicle he would need to do the job. Mr. Erwin further reported that
it has worked well for the City in the past.
Parks and Recreation Director, Ed Hersh, reviewed the bid with the Council. Mr. Hersh
stated that R&B has done an excellent work for the City, he is reliable, available at a
moments notice, and does quality work.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion passed 5 to 0.
COUNCIL ACTION - AWARD OF BID NO. 99-084 PEARLAND PARKWAY 1700'
EXTENSION.
Councilmember Tetens made the motion, seconded by Councilmember Beckman to
award Bid No. B99-084 for Pearland Parkway 1700' Extension to Kinsel Industries, Inc.,
in the total bid in the amount of $471,647.50.
City Engineer John Hargrove reviewed the bids received for the project, and
recommended that Bid. No. B99-084 be awarded to Kinsel Inc., in the amount of
$471,647.50.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion passed 5 to 0.
COUNCIL ACTION - EXCUSE ABSENCE OF COUNCILMEMBER LARRY WILKINS
FROM THE REGULAR COUNCIL MEETING HELD ON SEPTEMBER 13, 1999.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Tetens, to excuse
the absence of Councilmember Larry Wilkins from the Regular Council Meeting held on
September 13, 1999. .
Voting."Aye" Councilmembers Beckman, Tetens, Berger, and Seeger.
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136
Voting "No" None.
Voting "Abstain" Councilmember Wilkins.
Motion Passed 4 to 0, with Councilmember Wilkins abstaining.
COUNCIL ACTION - VARIOUS APPOINTMENTS TO THE ZONING BOARD OF
ADJUSTMENTS.
Councilmember Wilkins made the motion, seconded by Councilmember Tetens, to
approve the appoints to the Zoning Board of Adjustments as recommended by the City
Attorney.
City Attorney, Darrin Coker stated that it is the recommendation of Staff to move Clyde
Duplissey to an Alternate Member, appoint Alternate Member Harold Slagle to serve as
a Regular Member, appoint Donn Liddle, Willard Briley and James Lane to serve as
Alternate Members and reappoint Gil Boyles and Marvin Elam to serve as Regular
Member.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION -VARIOUS APPOINTMENTS TO THE BUILDING CODE BOARD OF
ADJUSTMENTS.
Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Berger, to
appoint Susan Dieterich and Richard Saltarelli to serve on the Building Code of
Adjustments.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R99-69 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, NOMINATING CANDIDATES FOR
THE BOARD OF DIRECTORS OF THE BRAZORIA COUNTY APPRAISAL DISTRICT.
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137
Councilmember Beckman made the motion, seconded by Councilmember Wilkins, to
nominate Dennis Frauenberger to serve on the Board of Directors of the Brazoria County
Appraisal District ,and approve Resolution No. R99-69.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
CONSIDERATION AND POSSIBLE ACTION - MOTION TO REMOVE FROM TABLE
ORDINANCE NO. 509-317.
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
remove Ordinance No. 509-317 from the table.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-317 - 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 LOCATION BEING AN 18.00 ACRE TRACT, THE NORTH
Y2, OF THE NORTHEAST'/z, SECTION 16, H.T. & B.R.R. CO. SURVEY, A-546 PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 594) (15902 HARKEY
ROAD) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT (SD) TO
COMMERCIAL DISTRICT (C) AT THE REQUEST OF M. WAYNE SMITH, 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 Beckman, to
approve Ordinance No. 509-317 (Application No. 594) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 594.
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138
Councilmember Tetens stated that this tract of land is surrounded completely by
residential zoning.
Councilmember Beckman stated that it is a tree farm and it does create a buffer zone.
Mayor Pro -Tem Berger stated that he wanted to clarify if there could be a specific use
permit combined with commercial
City Attorney, Darrin Coker, stated that it could be done.
Additional conversation ensued regarding the options that would be available for this
property. The Mayor also addressed Mr. Smith regarding this land use change and after
the discussion staff was asked to review the Land Use Ordinance and see what options
are available to Mr. Smith regarding this property.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Tetens to table
Ordinance No. 509-317 (Application No. 594) on its first reading.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-330 - 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 LOCATION BEING LOT M, WESTGATE PARK
SUBDIVISION, H.T. & B.R.R. CO. SURVEY, A-243, ACCORDING TO THE PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 655) (2629
WESTGATE) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD)
TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF ORLEN W. O'DAY
AND MICHAEL P. O'DAY, 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 Berger made the motion, seconded by Councilmember Wilkins, to
approve Ordinance No. 509-330 (Application No. 655) on its first reading.
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�J
139
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 655.
Councilmember Tetens stated that the Council has turned down Industrial Zoning on
most of the tracts behind this property.
Additional discussion ensued regarding this land use change between Council and Staff.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, and Beckman.
Voting "No" Councilmember Tetens.
Motion Passed 4 to 1.
FIRST READING OF ORDINANCE NO. 509-331 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 LOCATION BEING A 4.9794 ACRE TRACT OUT OF LOTS
76 & 77, FIGLAND ORCHARD SUBDIVISION, NO. 1 SECTION 13, H.T. & B.R.R. CO.
SURVEY, A-240, RECORDED IN VOLUME 3, PAGE 77, PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 788) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE
REQUEST OF CLYDE WILLIAMS AND BRIAN WILLIAMS, 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 Wilkins made the motion, seconded by Mayor Pro -Tem Berger, to
approve Ordinance No. 509-331 (Application No. 788) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 788.
Mayor Pro -Tem Berger read from the minutes of the Joint Public Hearing and said that
this property is often interpreted as a junk yard.
Chief Building Official, Gene Tumlinson reported that the owner of the property is also on
the wrecker rotation for City, and stores them on the property. Mr. Tumlinson further
stated that as best as the City can tell this is not an auto salvage yard, it just may look like
it from time to time based on the conditions of the some of the automobiles that they may
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14n
pick up. Mr. Tumlinson also stated that this primarily residential but it does blend in with
the use of the property.
Voting "Aye" Councilmembers Beckman, Berger.
Voting "No" Councilmembers Tetens, Wilkins, and Seeger.
Motion Failed 3 to 2.
FIRST READING OF ORDINANCE NO. 509-332 - 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 LOCATION BEING 0.7516 ACRES OUT OF TRACT 33,
FIGLAND SUBDIVISION, H.T. & B.R.R. CO. SURVEY, SECTION 13, A-240, PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 789) (3029
WAGONTRAIL) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD)
TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF CLYDE WILLIAMS AND
BRIAN WILLIAMS, 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 Seeger made the motion, seconded by Councilmember Wilkins, to
approve Ordinance No. 509-332 (Application No. 789) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 789.
Mayor Pro -Tem Berger stated it is difficult because you hate to put commercial next to
residential but in this case you have a pipeline in the area and you cannot do much else
with the property.
Additional discussion ensued with the Council, Staff, and property owner, regarding other
types of possible land use options that could be used and still allow this business to
operate.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Wilkins, to table
Ordinance No. 509-332 (Application No. 789) on its first reading.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Page 20 of 26 - 9/27/1999
Voting "No" None.
Motion Passed 5 to 0.
141
FIRST READING OF ORDINANCE NO. 509-333 - 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 LOCATION BEING 0.459 ACRES IN THE NORTHWEST
1/4 OF THE NORTHWEST 1/4 OF SECTION 11, H.T. & B.R.R. CO. SURVEY, A-239
RECORDED IN VOLUME 1317, PAGE 411, DEED RECORDS OF BRAZORIA COUNTY,
TEXAS (APPLICATION NO. 802) (4702 W. WALNUT) FROM CLASSIFICATION SINGLE
FAMILY DWELLING DISTRICT (R-2) TO OFFICE PROFESSIONAL (OP) AT THE
REQUEST OF CHARLES P. WATSON, 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 made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 509-333 (Application No. 802) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 802.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-334 - 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 LOCATION BEING LOTS 36 & 36A OUT OF SECTION 6,
H.T. & B.R.R. CO. SURVEY, A-544, RECORDED IN VOLUME 136, PAGE 501, DEED
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 804) FROM
CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-2) TO MOBILE HOME
DISTRICT (MH) AT THE REQUEST OF JOHN DAVID HAMMOND, OWNER,
PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP;
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14?
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 Beckman, to
approve Ordinance No. 509-334 (Application No. 804) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 804.
John Hammond, 5214 Braesvalley addressed Council to let them know he wants to make
improvements to the property and make it a better place for the residents of Pearland to
live. He further stated that without the land use change he cannot continue making the
improvements to the mobile home park that he wants. He also reported that he has spent
more than $80,000 making improvements on the property already. He said he has
already evicted more than thirty percent of the tenants already in an effort to improve the
mobile home park.
Additional discussion ensued between the Council and Staff regarding the land use
change.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO.
509-335 - 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
LOCATION BEING 0.950 ACRES AND BEING PARTIAL LOTS 49-50, A.K.A. LOT 10,
H.T. & B.R.R. CO. SURVEY, A-234, VOLUME 2, PAGES 23-24, PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 752) (13659 ROY ROAD, LOT #10)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF LANH THI BUCEK,
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 22 of 26 - 9/27/1999
14.3
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO.
509-336 - 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
LOCATION BEING LOT 128, RUCH SUBDIVISION ADDITION, ACCORDING TO THE
MAP RECORDED IN VOLUME 13, PAGE 66, PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 660) (6014 JOSEPHINE) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-1) AT THE REQUEST OF SHERRY JOHN, 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.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO.
509-337 - 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
LOCATION BEING LOT 5, BLOCK 3, WAGON WHEEL ADDITION, SECTION 14, H.T.
& B.R.R. CO SURVEY, A-509, ACCORDING TO A PLAT OR MAP RECORDED IN
VOLUME 8, PAGE 79, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 785) (6118 JERRYCREST) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT
THE REQUEST OF JOHN C. COLE, 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.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO.
509-338 - 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
LOCATION BEING LOT 16, BLOCK 2, SKYWAY MANOR SUBDIVISION, ACCORDING
TO THE MAP OR PLAT RECORDED IN VOLUME 7, PAGE 67, PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 786) (2950 PIPER) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-1) AT THE REQUEST OF JOHN C. COLE, OWNER,
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14,1
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.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO.
509-339 - 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
LOCATION BEING LOT 7 BLOCK 3, WAGON WHEEL ADDITION, SECTION 14, H.T.
& B.R.R. CO. SURVEY, A-509, RECORDED IN VOLUME 8, PAGE 79, PLAT RECORDS
OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 787) (6202 JERRYCREST)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF JOHN C. COLE, 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.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO.
509-340 - 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
LOCATION BEING 1.1478 ACRES, MORE OR LESS, A.K.A. LOT 5, BETHEL
SUBDIVISION, SECTION 2, OUT OF SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243,
DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 803) (2041
LEE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD)
TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF JOHN C.
COLE, 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.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO.
509-341 - 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
LOCATION BEING LOT 7 & 8, BLOCK 6, WAGON WHEEL ADDITION, H.T. & B.R.R.
CO. SURVEY, A-509, ACCORDING TO THE PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 805) (16011 WAGONTRAIL) FROM
Page 24 of 26 - 9/27/1999
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-1) AT THE REQUEST OF DAVID & JOY COURTNEY,
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 Berger made the motion, seconded by Counci[member Wilkins, to approve
Ordinance Nos. 509-335,509-336,509-337,509-338,509-339,509-340,509-341 on their
first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application Nos. 752, 660, 785, 786, 787, 803, and 805.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
OTHER BUSINESS
Council adjourned into Executive Session under Texas Government Code at 10:11 p.m.
to discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE.
1. SECTION 551.074 -PERSONNEL -REVIEW INDIVIDUAL APPLICATIONS
OF THOSE WHO HAVE SUBMITTED APPLICATIONS TO SERVE ON THE
PEARLAND PLANNING AND ZONING COMMISSION.
Council returned from Executive Session at 10:30 p.m.
NEW BUSINESS (CONTINUED):
COUNCILACTION -REGARDING INDIVIDUAL APPLICATIONS OF THOSE WHO HAVE
SUBMITTED APPLICATIONS TO SERVE ON THE PEARLAND PLANNING AND ZONING
COMMISSION.
No Council action taken.
ADJOURNMENT
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146
Meeting was adjourned at 10:37 p.m.
Minutes approved as submitted and/or corrected this 11th day of October A.D., 1999.
D'om eid
Mayor
ATTFCT-
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