1999-07-26 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON JULY 26,1999, 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
Mayor Pro -Tem
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
William. Berger
Larry Wilkins
Klaus Seeger
Glen Erwin
Darrin Coker
Young Lorfing
Absent: Councilmembers Richard Tetens and Helen Beckman.
Others in attendance: Sr. Project Manager Alan Mueller; Police Chief J.C. Doyle; City
Engineer John Hargrove; Parks & Recreation Director Ed Hersh; Public Works Director
Jerry Burns; Assistant City Attorney Nghiem Doan; Project Manager Michael Ross; Utility
Accounts Supervisor Missy Miller; Purchasing Officer Gordon Island; Grants Coordinator
Chris Kidwell
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Reverend Barnett, and the Pledge of Allegiance was led by
City Attorney Darrin Coker.
APPROVAL OF MINUTES
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Wilkins, to approve
the minutes of the June 28, 1999, Joint Public Hearing held at 6:30 p.m.; the minutes of
the July 12,1999, Joint Public Hearing held at 6:30 p.m.;and the minutes of the July 12,
1999, Regular Council meeting held at 7:30 p.m.
Voting "Aye" Councilmembers Seeger, Wilkins, and Berger.
Motion Passed 3 to 0, with Councilmembers Beckman and Tetens absent.
Page 1 of 14 - 7/26/1999
x:21
MAYOR'S ACTIVITY REPORT
Mayor Reid reported that Friday, August 13, 1999, is "Astros99 Pearland Night" at the
Astrodome. Mayor Reid further reported that one dollar from each ticket sold for maximum
of two -hundred tickets will go to the Pearland Neighborhood Center.
Mayor Reid presented a proclamation to Chief of Police J.C. Doyle proclaiming Tuesday,
August 3, 1999 as "National Night Out." Chief Doyle gave a brief overview of how the City
of Pearland Police Department and City Officials participate and support National Night
Out.
Mayor Reid introduced the delegation that represented the City of Pearland in the recent
All-American City Finalist contest in Philadelphia, Pennsylvania. The representatives from
the City of Pearland were Janet Berry, Chris Kidwell, and Mattie Culver; Joel Gutierrez with
MAD (Making A Difference); John Bowman representing Keep Pearland Beautiful; Bill
Morgan representing Pearland Neighborhood Center; Len Deprange who help prepare the
individuals for the question and answer portion of the program. Mayor Reid was presented
with a plaque the City received as being one of thirty All-American City Finalist. Bill Morgan
on behalf of the Pearland Neighborhood Center presented a framed letter from Pearland
Neighborhood Center to Janet Berry and Chris Kidwell for all of the hard work they had
put into the application process and for their work and dedication to the project. Each
member gave a brief presentation regarding their organization and an overview of the trip
tp Philadelphia.
Mayor Reid reported on July 13 he participated in a TIRZ No. 2 Workshop with the County
Commissioners Court; July 14 he attended the TIRZ #2 Board of Directors Meeting; July
15 through the July 18 he attended the Mayors Council Associations Annual Meeting in
Lubbock; July 20 he attended the HGAC Board of Directors Meeting, and the Trees of
Pearland Meeting; July 21 he attended the Brazoria County Cities Association Monthly
Meeting; July 22 he attended the Bay Area Transportation Partnership's Annual Meeting;
July 23 he attended the Chamber Ribbon Cutting for Enterprise Rent-A-Car and Vision
Place; July 26`h he visited with the Harris County Commissioners EI Franco Lee.
COUNCIL ACTIVITY REPORTS
Councilmembers passed on giving their report.
Page 2 of 14 - 7/26/1999
CITY MANAGER'S REPORT
222
City Manager, Glen Erwin, informed Council that there will be a walk through at the new
Library Building on Thursday, July 29, at 11:00 a.m. Council and Staff will review the
progress of the building. Mr. Erwin stated that Sr. Project Manager, Alan Mueller will give
an update on the Shadow Creek Ranch Project, along with Gary Cook and Patti Joiner.
Sr. Projects Manager, Alan Mueller, reported that there still is two outstanding agreements
with Brazoria County and Brazoria Drainage District No. 4. He also stated that Council has
been given the most recent version of the Shadow Creek Ranch Project and Financing
Plan.
Patti Joiner, with Knudson and Associates, gave a brief update regarding TIRZ Board and
the Shadow Creek Ranch Project and Financing Plan.
CITIZENS
Mayor Reid read excerpts from a letter that Thomas P. Alexander had submitted to Dennis
Smith, Director of Planning and Development regarding the installation of sewer and water,
Block 25 & 26, Pearland Townsite. Mayor Reid also addressed a Memo issued by David
L. Smith regarding the installation of the sanitary sewer that would be installed by the City
upon the receipt of a check for $2500 from Mr. Alexander.
Thomas P. Alexander, 3208 Nottingham, addressed Council regarding the letter that he
had sent to the Planning and Development Director. He said that he has received a copy
of Ordinance No. 220-7 that has assessed him, with no notification, and he does not
appreciate it. He further stated that he has put out a full effort for the City. Mr. Alexander
said that there should be a public hearing in order for him to be assessed, and there has
not been a public hearing, therefore, he is considering that the ordinance is not legal. He
said what he is asking for is to verify this particular position to know what the City plans to
do to him? He asked the City to remedy the problem, and he does not feel that the City has
a legal ordinance.
DOCKETED PUBLIC HEARINGS: None
Page 3 of 14 - 7/26/1999
9.23
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 110-H - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 9, ELECTRICITY, OF
THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN
FROM TIME TO TIME AMENDED, FOR THE PURPOSES OF UPDATING CODE
REFERENCES, INCREASING REQUIRED INSURANCE COVERAGE, CREATING
A REINSPECTION FEE, AND ALLOWING THE LIMITED USE OF METAL -CLAD
CABLE; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING
FOR PUBLICATION, CODIFICATION, AND AN EFFECTIVE DATE.
B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 224-13 -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 DELETE
SECTION 7-13.1 IN ITS ENTIRETY, IN ORDER TO HARMONIZE THE CITY'S
BUILDING CODE WITH NATIONAL STANDARDS; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING
FOR CODIFICATION AND AN EFFECTIVE DATE.
C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 914 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS, AMENDING SECTION 26-5, OBSTRUCTION OF
PUBLIC WAYS GENERALLY, OF CHAPTER 26, STREETS AND SIDEWALKS, OF
THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN,
FROM TIME TO TIME, AMENDED, IN ORDER TO CLARIFY THE PROHIBITION
OF OBSTRUCTION OF PUBLIC PROPERTY; 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 Berger made the motion, seconded by Councilmember Wilkins, to
approve Ordinance Nos. 110-H, 224-13, and 914 on their second and final reading as
presented on the Consent Agenda.
Page 4 of 14 - 7/26/1999
224
Voting "Aye" Councilmembers Wilkins, Berger, :and .Seeger.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Beckman and Tetens absent.
MATTERS REMOVED FROM CONSENT AGENDA None.
NEW BUSINESS
FIRST AND ONLY READING OF ORDINANCE NO. 916 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING PUBLICATION
OF NOTICE OF INTENTION TO ISSUE CITY OF PEARLAND, TEXAS WATER AND
SEWER SYSTEM REVENUE BONDS, SERIES 1999, IN A PRINCIPAL AMOUNT NOT
TO EXCEED $8,000,000 FOR THE PURPOSE OF CONSTRUCTING IMPROVEMENTS,
ADDITIONS AND EXTENSIONS TO THE CITY'S WATER AND SANITARY SEWER
SYSTEM AND AUTHORIZING CERTAIN OTHER MATTERS RELATING THERETO; AND
DECLARING AN EMERGENCY BECAUSE THE NEED TO FUND NECESSARY WATER
AND SEWER PROJECTS INURES TO THE BENEFIT OF THE PUBLIC AND,
THEREFORE, BEARS DIRECTLY UPON THE HEALTH SAFETY AND WELFARE OF
THE CITIZENRY.
Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Berger, to
approve Ordinance No. 916 on its first and only reading.
City Manager, Glen Erwin, stated that these are bonds that have been discussed at
several of the previous workshops. It is an $8,000,000 issuance of bonds, and we are
asking for Council to approve the publication of the "Notice of Intent to Sale."
Frank Ilderbrando, Dane Rauscher, the City's Financial Advisor, gave an overview of the
bond sale and issuance. He stated that it is anticipated to sell the bonds as variable rate
bonds. He stated that he and the Bond Counsel are in the process of reviewing the bond
ordinance. He further stated that he has spoke with a number of investors, and they are
interested in purchasing the bonds.
Mayor Pro -Tem Berger discussed with Sr. Project Manager the ramifications the City
would have if the impact fees were lost due to legislation.
Page 5 of 14 - 7/26/1999
2'25
Mr. Mueller stated that the worse case scenario would be that it would cost approximately
$4.02 per home to retire the debt for the State Revolving Loan.
Voting "Aye" Councilmembers Seeger, Wilkins, and Berger.
Voting "No" None.
Motion Passed 3 to 0, with Councilmember Beckman and Tetens absent.
COUNCIL ACTION - RESOLUTION NO. R99-54 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH WALSH ENGINEERING, INC.
FOR AN ENGINEERING STUDY TO UPDATE THE CITY OF PEARLAND'S WATER AND
SEWER IMPACT FEES.
Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to
approve Resolution No. R99-54.
City Manager, Glen Erwin, stated that the City has adopted a sewer impact fee ordinance.
The City is required by law to update this ordinance every three years. He further stated
that Staff has visited with Walsh Engineering who did the last study for the City, and they
have given the City a proposal to complete the impact study.
Project Manager, Michael Ross, stated that in 1984, the City of Pearland adopted a water
and sewer impact fee ordinance. Subsequently in 1987, the Texas Legislature passed
Senate Bill 336 (SB336), which required Cities to update their land use assumptions,
capital improvements plan and impact fee assessment every three years. Walsh
Engineering has submitted an engineering proposal for an estimated cost of $32,360 to
update the City's 1996 study and continue to meet the requirements of S13336. Mr. Ross
stated it is staff's recommendation to enter into a contract with Walsh Engineering.
Voting "Aye" Councilmembers Berger, Wilkins, and Seeger
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Beckman and Tetens absent.
COUNCIL ACTION - RESOLUTION NO. R99-55 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, RECOMMENDING THAT HARRIS
Page 6 of 14 - 7/26/1999
22�
COUNTY AWARD THE MORENCI STREET WATER AND SEWER CONSTRUCTION
CONTRACT TO McLAT CONSTRUCTION INCORPORATED.
Mayor Pro -Tem Berger made the motion, seconded by Councilmembers Wilkins, to
approve Resolution No. R99-55.
City Manage, Glen Erwin, reported that this is a project the City has been working on for
some time, and it has finally come to fruition.
Project Manager, Michael Ross, gave a brief overview of the project and stated that in
1996, the City applied to the Harris County Community Development Block Grant (CDBG)
Program for the Morenci Street Water and Sewer Installation Project. Harris County
Commissioners Court approved the allocation of $253,137 in federal funds, to be
matched with $32,063 in City funds. Harris County opened the bids for the project and it
is Staffs recommendation to approve this resolution which would allow Harris County to
award the contract to Mc Lat Construction Inc. in the amount of $191,725.
Voting "Aye" Councilmembers Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Beckman and Tetens absent.
COUNCIL ACTION - RATIFICATION BY COUNCIL OF EMERGENCY EXPENDITURES
AT THE ALICE ROAD WATER WELL.
Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Berger, to
approve ratification of emergency expenditures at the Alice Road water well.
City Manager, Glen Erwin, reported that several months ago the City began to show
higher than normal amounts of fluoride in the water samples, and this situation needed
to be addressed immediately. He called the Staff together and reviewed the situation. the
City had contractors come in and help resolve the issue. The project has been completed,
and everything is back to normal. Mr. Erwin requested that Council ratify the expenses
as an emergency at this time.
Purchasing Officer, Gordon Island, stated that extensive repairs have been performed at
the Alice Street water well. If the situation had not been corrected, the sand would clog
the filters, and burn up the pump seals causing permanent damage to the well and its
Page 7 of 14 - 7/26/1999
equipment. The work consisted of pulling the pump, inspecting equipment, installing a
camera and reinstalling the pump in the amount of $54,037.
City Manager, Glen Erwin, stated to drill a new well would have cost about $250,000.
Voting "Aye" Councilmembers Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Beckman and Tetens absent.
COUNCIL ACTION - AWARD OF BID NO. B99-077 FOR 36 -INCH INTAKE AND
MANHOLE AT INDEPENDENCE PARK DETENTION POND.
Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to award
Bid No. B99-077 for 36 -inch Intake and manhole at Independence Park Detention Pond
to Prime Contractors, Houston, Texas for the total bid in the amount of $50,115.
City Manager, Glen Erwin, stated that it is unfortunate that Councilmember Tetens is not
here tonight. He and Mr. Hargrove have had numerous discussions about the intake
structure. The City did have it engineered, and we are ready to award the bid.
City Engineer, John Hargrove, gave a brief history of the problems with the detention
pond.
Purchasing Officer, Gordon Island, reported that the work to be done will include --
construction of a 36 -inch intake pipe and 60" manhole. The manhole will be used for
maintenance of the pipe and includes a flap gate and a trash rack at the pipe entrance.
The area will be reclaimed with hydro -mulch seeding. It is Staff's recommendation to
award the contract to Prime Contractors, Houston, Texas in the amount of $50,115.
Voting "Aye" Councilmembers Seeger, Wilkins, and Berger.
Voting "No" None.
Motion passed 3 to 0, with Councilmember Beckman and Tetens absent.
COUNCIL ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING
AND ZONING COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO. 774)
Page 8 of 14 - 7/26/1999
i2(0
AT THE REQUEST OF ANTHONY WELDED PRODUCTS, INC., OWNER, FOR AN
-- AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF SAID
CITY FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY
INDUSTRIAL DISTRICT (M-2) ON THE FOLLOWING DESCRIBED PROPERTY BEING
LOT 9, H.T.& B.R.R. COMPANY SURVEY, A-504, SECTION 8, ALLISON RICHEY GULF
COAST HOME CO. SUBDIVISION, RECORDED IN VOLUME 2, PAGE 23, PLAT
RECORDS OF BRAZORIA COUNTY TEXAS.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Wilkins, to accept
the recommendation of the Planning and Zoning Commission to deny Application No. 774.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to deny (Application 774).
Voting "Aye" Councilmembers Seeger, Wilkins, and Berger.
Voting "No" None.
Motion passed 3 to 0, with Councilmembers Beckman and Tetens absent.
FIRST AND ONLY READING ORDINANCE NO. 915 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENAMING FAIRWAY COURT AS
WOODS COURT; 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.
Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Berger to
approve Ordinance No. 915 on its first and only reading.
City Manager, Glen Erwin stated that this is an item that was brought to the City's
attention in a previous meeting, and we appreciate the people bringing this type of
information to the City, because the City does not like to have similarly named streets for
emergency purposes.
Page 9 of 14 - 7/26/1999
229
Voting "Aye" Councilmembers Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Beckman and Tetens absent.
COUNCIL ACTION - PRESENTATION OF 1999 CERTIFIED APPRAISAL ROLL FOR THE
CITY OF PEARLAND AND ASSOCIATED NEW CONSTRUCTION VALUE.
Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to
approve the 1999 Certified Appraisal Roll for the City of Pearland and associated new
construction value.
City Manager, Glen Erwin, stated they the City has received the 1999 Certified Appraisal
Roll for the City from the Tax Assessor/Collector Jo Knight. He reported that the taxable
value is $1,304,282,856, and there are some properties under protest at this time. The
Brazoria County Appraisal District value for these properties is $21,343,130 and the value
claimed by the owner is $19,280,817. The total taxable value that the City is working with
is $1,323,491,673. Mr. Erwin further stated that this number is somewhat less than the
number that we had started with when we started working with the budget, however, the
impact on the budget is going to be insignificant, it is negligible in the over all budget
concept. In closing he stated that a billion dollar value is significant in a city this size,
Voting "Aye" Councilmembers Seeger, Wilkins, and Berger.
Voting "No" None.
Motion Passed 3 to 0.
COUNCIL ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING
AND ZONING COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO. 775)
AT THE REQUEST OF F.F. & E. FAMILY LIMITED PARTNERSHIP, OWNER, FOR AN
AMENDMENTTO THE LAND USEAND URBAN DEVELOPMENT ORDINANCE OF SAID
CITY FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY
INDUSTRIAL DISTRICT (M-2) ON THE FOLLOWING DESCRIBED PROPERTY BEING
AN 11.515 ACRE TRACT OUT OF LOTS 32 & 33, ALLISON RICHEY GULF COAST
HOME CO. SUBDIVISION, H.T. & B.R.R. COMPANY SURVEY, A-504, RECORDED IN
VOLUME 2, PAGES 23 & 24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (1854
GARDEN ROAD).
Page 10 of 14 - 7/26/1999
230
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Wilkins, to accept
the recommendation of the Planning and Zoning Commission to deny Application No. 775.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to deny (Application 775).
Voting "Aye" Councilmembers Berger, Wilkins, and Seeger.
Voting "No" None.
Motion passed 3 to 0, with Councilmembers Beckman and Tetens absent.
COUNCIL ACTION - APPOINTMENT TO THE PARKS RECREATION AND
BEAUTIFICATION BOARD FOR AN UNEXPIRED TERM ENDING SEPTEMBER 2000.
Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Berger, to
appoint Jack Click to the Parks, Recreation and Beautification Board for an unexpired
term ending September 2000.
City Manager, Glen Erwin, stated that this action was precipitated by Mrs. Rosella Webb
resigning her position on the Park's Board and this will fill that unexpired term.
Parks and Recreation Director, Ed Hersh, stated that Mr. Click has worked with the Park's
Department through the last two Winterfest, and the City's outdoor concerts in his
capacity as President of Associated Credit Union. He is a strong supporter of the Park's
program and he will be a good board member.
Voting "Aye" Councilmembers Seeger, Wilkins, and Berger.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Beckman and Tetens absent.
COUNCIL ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING
AND ZONING COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO. 770)
AT THE REQUEST OF MILTON R. ALFORD, OWNER, FOR AN AMENDMENT TO THE
LAND USE AND URBAN DEVELOPMENT ORDINANCE OF SAID CITY FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY
INDUSTRIAL DISTRICT (M-2) ON THE FOLLOWING DESCRIBED PROPERTY BEING
Page 11 of 14 - 7/26/1999
231
THE SOUTH'/Z OF LOT 7, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION.
SECTION 19, H.T.& B.R.R COMPANY SURVEY, A-243, RECORDED IN VOLUME 2,
PAGE 23, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (1027 CULLEN).
Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to accept
the recommendation of the Planning and Zoning Commission to deny Application No. 770.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to deny (Application 770).
Voting "Aye" Councilmembers Seeger, Wilkins, and Berger.
Voting "No" None.
Motion passed 3 to 0, with Councilmembers Beckman and Tetens absent.
FIRST READING OF ORDINANCE NO. 509-313 - 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 THE NORTH '/2 OF LOT 44, -ALLISON RICHEY
GULF COAST HOME CO. SUBDIVISION, SECTION 8, H.T. & B.R.R. CO. SURVEY, A-
504,RECORDED IN VOLUME 2, PAGE 23, PLAT RECORDS OF BRAZORIA COUNTY,
TEXAS(APPLICATION NO. 653)(2350 GARDEN ROAD) FROM THE CLASSIFICATION
SUBURBAN DEVELOPMENT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE
REQUEST OF MOSE DEVELOPMENT, LLC, 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. 509-313 (Application No. 653) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 653.
Councilmember Wilkins asked if there are any other M -1's in this area?
Page 12 of 14 - 7/26/1999
Planning and Development Director, Dennis Smith, stated that there are quite a few M -1's
-- in this location, and it would be consistent with what has been done in the past, in this
area.
. <t
Voting "Aye" Councilmembers Seeger, Berger, and Wilkins.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Beckman and Tetens absent.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 9:18 p.m. to
discuss the following:.
1. SECTION 551.071 -CONSULTATION WITH THE CITY ATTORNEY
REGARDING CURRENT LITIGATION ASSOCIATED WITH THE
CITY OF PEARLAND'S (CCN) CERTIFICATE OF CONVENIENCE
AND NECESSITY.
Council returned from Executive Session at 9:56 p.m.
r" NEW BUSINESS (CONTINUED):
COUNCIL ACTION - REGARDING CURRENT LITIGATION ASSOCIATED WITH THE
CITY OF PEARLAND'S (CCN) CERTIFICATE OF CONVENIENCE AND NECESSITY.
This item was passed no Council action taken.
Meeting was adjourned at 9:57 p.m.
ADJOURNMENT
Page 13 of 14 - 7/26/1999
L32
233
Minutes approved as submitted and/or corrected this 9" the day of A.D. ust , 1999.
Tom Reid
Mayor
ATTEST:
Page 14 of 14 - 7/26/1999