1999-08-09 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
r-- PEARLAND, TEXAS, TO BE HELD ON AUGUST 9, 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: Sr. Project Manager Alan Mueller; Police Chief J.C. Doyle; City
Engineer John Hargrove; Planning and Community Development Director Dennis Smith;
Director of Finance David Castillo; Parks & Recreation Director Ed Hersh; Assistant City
Attorney Nghiem Doan; Utility Accounts Supervisor Missy Miller; Purchasing Officer
Gordon Island.
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Reverend Barnett, and the Pledge of Allegiance was led by
Pat O'Day.
APPROVAL OF MINUTES
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Wilkins, to approve
the minutes of the July 26, 1999, Joint Public Hearing held at 6:30 p.m., minutes of the July
26,1999, Joint Public Hearing (Signs and Banners) held at 6:30 p.m., minutes of the July
26, 1999, Public Hearing held at 6:30 p.m., minutes of the July 26, 1999, Regular Council
Meeting held at 7:30 p.m., and the minutes of the August 2, 1999, Public Hearing held at
6:30 p.m.
Page 1 of 17 - 8/9/1999
in
Mayor Reid stated that since Councilmembers Tetens and Beckman were absent from
the July 26, meetings he would call for separate vote on the two meeting dates.
Mayor Reid called for a vote on the minutes of the July 26, 1999, Joint Public Hearing held
at 6:30 p.m., minutes of the July 26,1999, Joint Public Hearing (Signs and Banners) held
at 6:30 p.m., minutes of the July 26, 1999, Public Hearing held at 6:30 p.m., and minutes
of the July 26, 1999, Regular Council Meeting held at 7:30 p.m.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger.
Voting "No" None.
Voting "Abstain" Councilmembers Beckman and Tetens.
Motion passed 3 to 0, with Councilmembers Beckman and Tetens Abstaining.
Mayor Reid called for a vote of the minutes of the August 2, 1999, Public Hearing held at
6:30 p.m.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported on July 29, he participated in the new Library Building walk through;
August 2 he attended PEDC Board Meeting, and the City Council Workshop; August 3 he
attended the AARP Monthly Meeting, and participated in National Night Out, August 4 he
attended the Chamber Meeting on TIRZ #2; August 5 he attended the College Center
Ribbon Cutting, and the Council Workshop on TIRZ #2; August 6 he attended PISD's new
teachers breakfast, and the Commissioners Court Workshop regarding TIRZ #2.
COUNCIL ACTIVITY REPORTS
The Councilmembers passed on their reports.
Page 2 of 17 - 8/9/1999
A
CITY MANAGER'S REPORT
The City Manager also passed on his report.
CITIZENS: None.
DOCKETED PUBLIC HEARINGS: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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 ''Y2 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.
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Berger, to
approve Ordinance No. 509-313 (Application No. 653) on its second and final reading.
City Attorney, Darrin Coker, stated the caption on Item A., Ordinance No. 509-313 on the
Consent Agenda should read second and final and final reading.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
Page 3 of 17 - 8/9/1999
005
M
0 MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
COUNCIL ACTION - RESOLUTION NO. R99-56 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH
BRAZORIA COUNTY TO COOPERATE IN ESTABLISHING CONDITIONS FOR
PARTICIPATION IN TAX INCREMENT REINVESTMENT ZONE NO. 2 WITHIN THE
CORPORATE CITY LIMITS OF PEARLAND.
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
table Resolution No. R99-56.
City Manager, Glen Erwin, stated that the next four items on the agenda pertain to Tax
Increment Reinvestment Zone No. 2.
Sr. Project Manager, Alan Mueller, stated Staff recommends that Item No. 1(R99-56) and
Item No. 3 (R99-58) on the agenda be passed to a future agenda. These items were
Faced on the agenda in the event they were ready and at this time they are not. The
ounty and Brazoria District No. 4 are still considering the agreements.
� sting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
\: ting "No" None.
K :-)tion Passed 5 to 0.
C UUNCIL ACTION - RESOLUTION NO. R99-57 - A RESOLUTION OF THE CITY
DUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
GR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH FORT
BEND COUNTY TO COOPERATE IN ESTABLISHING CONDITIONS FOR
PARTICIPATION IN TAX INCREMENT REINVESTMENT ZONE NO. 2 WITHIN THE
CORPORATE CITY LIMITS OF PEARLAND.
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
approve Resolution No. R99-57.
Page 4 of 17 - 8/9/1999
007
Sr. Project Manger, Alan Mueller, stated that Ft. Bend County voted on this agreement
in December of 1998. Mr. Mueller further stated that Ft. Bend will be meeting on Tuesday
to consider amending their agreement. He briefly went over the agreement with Council.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R99-58 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO ENTER INTOAN INTERLOCAL AGREEMENT WITH BRAZORIA
DRAINAGE DISTRICT NO. 4 TO COOPERATE IN ESTABLISHING CONDITIONS FOR
PARTICIPATION IN TAX INCREMENT REINVESTMENT ZONE NO. 2 WITHIN THE
CORPORATE CITY LIMITS OF PEARLAND.
No Council Action Taken.
FIRST READING OF ORDINANCE NO. 918 -AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY" OF PEARLAND, TEXAS, ADOPTING THE DEVELOPMENT AND
FINANCING AGREEMENT AS APPROVED BY THE BOARD OF DIRECTORS OF TAX
INCREMENT REINVESTMENT ZONE NO. 2 ("TIRZ"), CITY OF PEARLAND, TEXAS;
CONTAINING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND
CONTAINING FINDINGS AND PROVISIONS RELATED TO THE FOREGOING
SUBJECT.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 918 on its first reading.
Patti Joiner, Knudson and Associates, gave an update to Council regarding the
additional changes to the Development and Financing Agreement.
Sr. Project Manager, Alan Mueller, stated that the project was recommended by the TIRZ
Board this afternoon on a vote of 5 to 0, for approval by the City Council. Mr. Mueller
further stated that what needs to be considered by the vote today, is that it is a workable
plan as presented, and knowing that most likely there will be changes. However, the
deadline of September 1, has been placed on the project by the Legislature. The City
needs to consider the first reading of this ordinance in order to meet the deadline.
Page 5 of 17 - 8/9/1999
:,ouncilmember Wilkins reiterated that his support of the plan will solely rest on the other
governmental entities, and what level they will participate. If it falls short of what as
needed, he as a Councilmember, will not support the Shadow Creek Ranch Project. He
further stated that he is not real pleased that he is having to vote on this matter not
knowing what the other entities are going to do. In closing he said that he is in support of
this ordinance on its first reading and the first reading only. If the levels fall way short he
will not be able to support the project.
Councilmember Beckman stated that if the other entities fall short of what is needed, the
burden will not be on the City, but rather on the developer. The project may be a little less
than it would have been with the other entities participation.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 543-1 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING, IN ITS ENTIRETY,
CHAPTER 30'/s, ENTITLED VEHICLES FOR HIRE, OF THE CODE OF ORDINANCES
OF THE CITY OF PEARLAND, TEXAS, AS IT MAY HAVE BEEN, FROM TIME TO TIME,
AMENDED; HAVING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Councilmember Wilkins made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 543-1 on its first reading.
City Manager, Glen Erwin, stated that the City has a request from someone to start a taxi
service in the City. In reviewing the current Vehicles for Hire Ordnance it is not
appropriate and outdated. Therefore, we asking Council to repeal the current ordinance
and consider the next ordinance on the agenda.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
Page 6 of 17 - 8/9/1999
FIRST READING OF ORDINANCE. NO. 543 -2 -AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, CREATING A NEW CHAPTER OF THE CITY OF
PEARLAND CODE OF ORDINANCES, CHAPTER 32, TO BE ENTITLED, TAXICABS,
ESTABLISHING MINIMUM STANDARDS AND REQUIREMENTS FOR THE OPERATION
OF TAXICAB SERVICES WITHIN THE CITY; DEFINING TERMS; REQUIRING PERMITS;
REQUIRING INSURANCE; ESTABLISHING FEES; REGULATING FARES; 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 Seeger made the motion, seconded by Councilmember Wilkins, to
approve Ordinance No. 543-2 on its first and only reading.
City Manager, Glen Erwin, stated this ordinance will establish the new Taxi Cab
Ordinance, which has been updated, and it will much easier to enforce. He asked for
Councils approval.
Mayor Reid asked if there was a provision in the ordinance to "hail' a taxi?
City Attorney, Darrin Coker, stated that as this ordinance is written there is not a provision
for "hailing" a taxi. It would have to be dispatched through central location. This is a safety
measure for the residents. This would prevent someone from getting into an unauthorized
cab. Mr. Coker further stated that the ordinance could be amended to add that provision.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION -AWARD OF BID NO. B99-079 FOR POLYETHYLENE PIPE.
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Berger to
award Bid No. B99-079 for Polyethylene Pipe to Hughes Supply, Houston, Texas, as the
unit prices of 18" at $5.60, 24" at $8.45 and 36" at $17.52, with a delivery of 3-5 days
with an initial order in the amount of $94,175.00
Page 7 of 17 - 8/9/1999
: ato
City Manager, Glen Erwin, stated that one of the things that the City is trying to do is
secure bids on items the City uses regularly in the day to day operation. This will give us
a number that we can budget from. Therefore, if the City needs pipe we will have
established a price for the pipe.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion passed 5 to 0.
COUNCIL ACTION - AWARD OF BID NO. B99-080 FOR SIDEWALK CONSTRUCTION
SERVICES.
Councilmember Tetens made the motion, seconded by Councilmember Wilkins, to award
Bid No. B99-080 for Sidewalk Construction Services to Smith Classic Construction,
Friendswood, Texas for the unit price of $4.00 square foot and $ 375. per wheel chair
ramp.
City Manager, Glen Erwin, stated that this bid does the same thing as the previous bid.
It allows the City to have prices quoted over an extended period of time. This contract will
compliment any work that is preformed or done by the Public Works Department. Mr.
Erwin further that Staff requests its approval.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-C - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION 22, SIGNS,
OF THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE
CITY OF PEARLAND CODE OF ORDINANCES, (ORDINANCE NO. 509), AS IT MAY
HAVE BEEN, FROM TIME TO TIME, AMENDED, BY RENUMBERING SECTION 22.18,
APPLICATION TO EXTRATERRITORIAL JURISDICTION (ETJ) TO SECTION 22.19,
AND ADDING A NEW SECTION 22.18 TO BE ENTITLED USE OF BANNERS, TO
REGULATE THE USE OF BANNERS IN THE CITY AND ACHIEVE A PROPER BALANCE
BETWEEN AESTHETIC CONSIDERATIONS AND THE NEED OF BUSINESSES FOR
Page 8 of 17 - 8/9/1999
ADVERTISEMENT; AND PROVIDING A PENALTY FOR VIOLATION; HAVING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVID-
ING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Wilkins, to
approve Ordinance No. 509-C on its first and only reading.
City Manager, Glen Erwin, stated that the present ordinance did not adequately address
the use of banners in the City. There is a lot of complaints from the business community
regarding banners. He stated that he had asked the City Attorney to draft an ordinance
that allow the use of banners.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R99-59 - A RESOLUTION OF THE CITY OF
PEARLAND, TEXAS, ACCEPTING THE DEDICATION TO THE CITY OF 20.970 ACRES
OF LAND ALONG CLEAR CREEK FOR USE AS A PUBLIC PARK.
Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Berger, to
approve Resolution No. R99-59.
City Manager, Glen Erwin, stated that this is a tract of land that dead ends where
Pearland Parkway would run into Clear Creek. Its is about 20 acres that run parallel to
the creek. It is a beautiful tract of ground, and City has the opportunity for some real nice
park grounds there.
City Attorney, Darrin Coker, stated that when the Council receives property by gift, it
requires formal action by Council to accept it especially for park use. Mr. Coker reviewed
the deed that was provided with the resolution. He further stated that the Dissen family has
stipulated that it donated as park land, and is a very nice piece of property for park
development.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Page 9 of 17 - 8/9/1999
011,
Motion Passed 5 to 0.
FIRSTAND ONLY READING OF ORDINANCE NO. 917 -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 THE RIGHT-OF-WAY
OF PEARLAND PARKWAY AT THE INTERSECTION OF RANDALL'S SHOPPING
CENTER EXIT AND THE NORTHBOUND LANES OF PEARLAND PARKWAY, UPON
PEARLAND PARKWAYAT THE INTERSECTION OF THE WEST BOUND CROSS-OVER
AND THE SOUTHBOUND LANES, UPON PEARLAND PARKWAY AT THE
INTERSECTION OF THE EAST BOUND CROSS-OVER AND THE NORTHBOUND
LANES (REHOBOTH ACRES SUBDIVISION); 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 Seeger made the motion, seconded by Councilmember Beckman, to
approve Ordinance No. 917 on its first reading.
City Manager, Glen Erwin, stated this ordinance will establish stop signs on Pearland
Parkway at the Randalls Shopping Center. They are needed for the safety of the public.
Voting "Aye".Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
• COUNCIL ACTION - EXCUSE ABSENCE OF COUNCILMEMBER RICHARD TETENS
FROM THE REGULAR COUNCIL MEETING HELD ON JULY 26, 1999.
Councilmember Beckman made the motion, seconded by Councilmember Wilkins, to
excuse the absence of Councilmember Richard Tetens from the Regular Council Meeting
held on July 26, 1999.
Vbting "Aye" Councilmembers Seeger, Wilkins, Berger, and Beckman.
Page 10 of 17 - 8/9/1999
Voting "No" None.
0 12
Voting "Abstain" Councilmember Tetens.
Motion Passed 4 to 0, with Councilmember Tetens abstaining.
COUNCIL ACTION - EXCUSE ABSENCE OF COUNCILMEMBER HELEN BECKMAN
FROM THE REGULAR COUNCIL MEETING HELD ON JULY 26, 1999.
Councilmember Tetens made the motion, seconded by Councilmember Berger, to
excuse the absence of Councilmember Helen Beckman from the Regular Council
Meeting held on July 26, 1999.
Voting "Aye" Councilmembers Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Voting "Abstain" Councilmember Beckman.
Motion Passed 4 to 0, with Councilmember Beckman abstaining.
FIRST READING OF ORDINANCE NO. 509-314 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATED IN THE CITY LIMITS OF THE CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS(APPLICATION NO'S. 758, 760, 764, 765,
766, 769, 772 & 778) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF THE
OWNERS OF SUCH REAL PROPERTY, 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. 509-314 (Application Nos. 758,760,764,765,766,769,772,&778)
on their first reading.
Page 11 of 17 - 8/9/1999
014
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No, 758,760,764,765,766,769,772,&778.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-315 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO, 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATED IN THE CITY LIMITS OF THE CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS(APPLICATION NO'S. 738, 739, 740, 741,
748, & 754) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF THE OWNERS
OF SUCH REAL PROPERTY, 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. 509-315 (Application Nos. 738,739,740,741,748,&754) on their
first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 738,739,740,741,748,&754.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-316- 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 6.925 ACRES OUT OF LOT 36 AND LOT 37,
Page 12 of 17 - 8/9/1999
®15
FIGLAND ORCHARD SUBDIVISION, H.T. & B.R.R. CO. SURVEY, A-240,VOLUME 3,
PAGE 77, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 576)
(408 HATFIELD) FROM THE CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO
MOBILE HOME DISTRICT (MH) AT THE REQUEST OF TERRY AND LAURA O'KEEFE,
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 Mayor Pro -Tem Berger, to
approve Ordinance No. 509-316 (Application No. 576) on their first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 576.
Planning and Development Director, Dennis Smith, stated that this is an existing mobile
home park.
Discussion ensued between Council and Mr. Smith regarding the existing mobile home
park and the improvements that are needed to upgrade the mobile home park.
Voting "Aye" None.
Voting "No" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Motion Failed 5 to 0.
Mayor Reid stated that the next two items will be considered together.
CONSIDERATION AND POSSIBLE ACTION - REGARDING THE RECOMMENDATION
FROM THE PLANNING AND ZONING COMMISSION TO CITY COUNCIL TO DENY
(APPLICATION NO. 776) AT THE REQUEST OF PAUL BRENT DURRETT, OWNER,
FORAN AMENDMENTTO 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 TRACT 1: A 4.990 ACRE PARCEL, THE NORTH Y2 OF LOT 2:
TRACT 2: A 5.1091 ACRE PARCEL, THE SOUTH Y2 OF LOT 2, ALLISON RICHEY GULF
COAST HOME CO. SUBDIVISION, H.T. & B.R.R. CO. SURVEY, A-243, VOLUME 2,
PAGES 23-24, PLATE RECORDS OF BRAZORIA COUNTY, TEXAS (CULLEN
BOULEVARD).
Page 13 of 17 - 8/9/1999
CONSIDERATION AND POSSIBLE ACTION - REGARDING THE RECOMMENDATION
FROM THE PLANNING AND ZONING COMMISSION TO CITY COUNCIL TO DENY
(APPLICATION NO. 777) AT THE REQUEST OF PAUL BRENT DURRETT, OWNER,
FORAN 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 8.842 ACRES IN THE H.T. & B.R.R. CO. SURVEY, A-243, A
PORTION OF LOT 8, SECTION 19, ALLISON RICHEY GULF COAST HOME CO.
SUBDIVISION, VOLUME 2, PAGE 23, BRAZORIA COUNTY MAP RECORDS (1115
CULLEN)
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
support the recommendation of the Planning and Zoning Commission to deny Application
Nos. 776 & 777.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to deny (Application Nos. 776 & 777).
Paul Durrett, 6120 Brookside, addressed Council and gave an overview of his plans for the
property. His main concern is regarding Application No. 777. In closing Mr. Durrett asked
Council to consider approving Application No. 777. He stated he did not have a problem
with the denial of Application No. 776.
There was additional discussion between the Council and Mr. Durrett regarding Application
No. 777.
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
amend the original motion to support the recommendation of the Planning and Zoning
Commission to deny Application Nos. 776 & 777, and to vote on Application Nos. 776 &
777 separately.
Voting "Aye" Councilmembers Seeger, Wilkins, Tetens, and Beckman.
Voting "No" Councilmember Berger.
Motion passed 4 to 1.
Page 14 of 17 - 8/9/1999
1,, 010'
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
support the recommendation of the Planning and Zoning Commission to deny Application
No. 776.
Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion passed 5 to 0.
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
support the recommendation of the Planning and Zoning Commission to deny Application
No. 777.
Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Motion passed 5 to 0.
COUNCIL ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING
AND ZONING COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO. 773)
T^ AT THE REQUEST OF ANTHONY WELDED PRODUCTS, INC & FRANK SALVUCCI,
SR., OWNERS, 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 33, SECTION 8, ALLISON RICHE`!
GULF COAST HOME CO. SUBDIVISION, H.T. & B.R.R. CO. SURVEY, A-504,
RECORDED IN VOLUME 2, PAGE 23, PLAT RECORDS OF BRAZORIA COUNTY,
TEXAS (1930 GARDEN ROAD).
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Tetens, to support
the recommendation of the Planning and Zoning Commission to deny Application No. 773.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to deny (Application 773).
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
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1,018
Voting "No" None.
Motion passed 5 to 0.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 10:16 p.m.
to discuss the following:.
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.074 - PERSONNEL - ANNUAL EVALUATION OF
THE CITY ATTORNEY.
2. SECTION 551-074 - PERSONNEL MATTERS - DISCUSSION
CONCERNING APPOINTMENT OF THE BOARD OF DIRECTORS
OF TAX INCREMENT REINVESTMENT ZONE NO. 2.
Council returned from Executive Session at 10:56 p.m.
NEW BUSINESS (CONTINUED):
COUNCIL ACTION - REGARDING THE ANNUAL EVALUATION OF THE CITY
ATTORNEY.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Wilkins, to set
the City Attorneys salary for Fiscal Year 1999-2000 to $57,500 which includes the COLA.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - INSTRUCTION TO CITY STAFF REGARDING APPOINTMENT OF
MEMBERS OF THE BOARD OF DIRECTORS OF TAX INCREMENT REINVESTMENT
ZONE NO. 2.
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No Council Action Taken.
ADJOURNMENT
0.19
Meeting was adjourned at 10:58 p.m.
ADJOURNMENT
Minutes approved as submitted and/or corrected this 23rdthe day of A.D. August
1999.
�OY1�
Tom Reid
Mayor
ATTEST:
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