1999-10-11 CITY COUNCIL REGULAR MEETING MINUTES16.1
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON OCTOBER 11, 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
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
William Berger
Helen Beckman
Larry Wilkins
Klaus Seeger
Glen Erwin
Darrin Coker
Young Lorfing
Absent: Councilmember Richard Tetens.
Others in attendance: Executive Director P.E.D.C. Mike Chance; Deputy City Manager
Alan Mueller; City Engineer John Hargrove; Director of Community Development &
Services Gene Tumlinson; Parks & Recreation Director Ed Hersh; Public Works Director
Jerry Burns; Project Manager Michael Ross; Assistant Chief of Police Johnny Spires;
Purchasing Officer Gordon Island.
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Mayor Tom Reid, and the Pledge of Allegiance was led by
City Manager Glen Erwin.
APPROVAL OF MINUTES:
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Berger, to
approve the minutes of the September 13, 1999, (Annexation) Public Hearing held at 6:30
p.m.; the minutes of the September 13, 1999, (ROW) Public Hearing held at 6:30 p.m.;and
the minutes of the September 13, 1999, (PID) Public Hearing held at 6:30 p.m.
Voting "Aye" Councilmembers Beckman, Berger, and Seeger.
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Voting "No" None.
Voting "Abstain" Councilrnember Wilkins.
Motion Passed 3 to 0, with Councilmember Wilkins abstaining and Councilmember
Tetens absent.
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Berger, to
approve the minutes of the minutes of the September 20, 1999, (Annexation) Public
Hearing; the minutes of the September 27, 1999, Regular Council Meeting held at 7:30
p.m.
Voting "Aye" Councilmembers Beckman, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
MAYOR'S ACTIVITY REPORT
Mayor Reid presented a proclamation to representatives of Partners for Pearland
proclaiming Saturday, October 23,1999 as "Partners For Pearland Bowling Books Bowl-A-
Thon Day."
Mayor Reid and Councilmember Beckman read a proclamation presented by the Mayor
proclaiming the month of October as "Voters Awareness Month."
Mayor Reid reported that on September 29 he attended the HGAC Home Rule Cities
Meeting; September 30 he attended the Census 2000 Committee Meeting; October 1 he
attended the Chamber Building Committee Meeting; October 3 he presented a
proclamation to Francis Nilson in celebration of her 100'h Birthday; October 4 he attended
the Transportation Meeting with HGAC and TXDOT, he also attended P.I.S.D. Distributive
Education Improvement Committee, South East Economic Development Board Meeting
and he presented a proclamation to San Jacinto South Campus in celebration of their 20`h
Anniversary; October 8 he attended the Chamber's Good Morning Breakfast and the
P.E.D.C. Special Meeting.
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COUNCIL ACTIVITY REPORTS
Councilmember Beckman congratulated the City Staff on a wonderful Meet the City Fest
on Saturday, and stated that it was huge success.
Mayor Pro -Tem Berger stated that the Council has been requested in the past to respond
in a factual and precise manner to issues at hand regarding the Yost Road and Scarsdale
Road being connected. He stated that he wanted the citizens to know that they have been
heard, and the City is in the process of obtaining additional information regarding this
matter.
Councilmember Wilkins stated that he had the opportunity to meet with a few citizens from
Sleepy Hollow and that meeting went very well.
Councilmember Seeger stated that if anyone has additional reports or studies regarding
the traffic around Green Tee, he would appreciate them being made available to Council
for review.
CITY MANAGER'S REPORT
City Manager, Glen Erwin, reported that more than 600 people attended the Meet the City
Fest. Mr. Erwin also reported that the Library Project is approximately 27 days ahead of
schedule. A walk-through has been scheduled for October 14, at 11:00 a.m. for the
Council, Staff, and the Parks Boards.
CITIZENS
Larry Alvarez, 2704 Pineneedle, addressed Council and stated that he wanted to
commend the Mayor, and the City Council, for their endeavors to maintain the integrity of
the neighborhood communities. He asked Council not to create through -fares through quite
residential neighborhoods.
Clinton Wong, 7676 Woodway, addressed Council regarding the transaction he made with
the Centex Corporation (Fox & Jacobs) on the property adjacent to Pearland Parkway, and
John Lizer. Mr. Wong stated he has talked with the Regional President of Centex and he
has requested that when he returns to town, the president would like to meet with
individuals of the City Council. He would like to explain the type of company they are and
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.COUNCIL ACTIVITY REPORTS
Councilmember Beckman congratulated the City Staff on a wonderful Meet the City Fest
on Saturday, and stated that it was huge success.
Mayor Pro -Tem Berger stated that the Council has been requested in the past to respond
in a factual and precise manner to issues at hand regarding the Yost Road and Scarsdale
Road being connected. He stated that he wanted the citizens to know that they have been
heard, and the City is in the process of obtaining additional information regarding this
matter.
Councilmember Wilkins stated that he had the opportunity to meet with a few citizens from
Sleepy Hollow and that meeting went very well.
Councilmember Seeger stated that if anyone has additional reports or studies regarding
the traffic around Green Tee, he would appreciate them being made available to Council
for review.
CITY MANAGER'S REPORT
r City Manager, Glen Erwin, reported that more than 600 people attended the Meet the City
Fest. Mr. Erwin also reported that the Library Project is approximately 27 days ahead of
schedule. A walk-through has been scheduled for October 14, at 11:00 a.m. for the
Council, Staff, and the Parks Boards.
CITIZENS
Larry Alvarez, 2704 Pineneedle, addressed Council and stated that he wanted to
commend the Mayor, and the City Council, for their endeavors to maintain the integrity of
the neighborhood communities. He asked Council not to create through -fares through quite
residential neighborhoods.
Clinton Wong, 7676 Woodway, addressed Council regarding the transaction he made with
the Centex Corporation (Fox & Jacobs) on the property adjacent to Pearland Parkway, and
John Lizer. Mr. Wong stated he has talked with the Regional President of Centex and he
has requested that when he returns to town, the president would like to meet with
individuals of the City Council. He would like to explain the type of company they are and
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the product they build. Mr. Wong further reported that Centex is in the top three builders
in the nation.
Becky Cornelius, 2415 Golfcrest, addressed Council and thanked Councilmember
Beckman for her addressing a residential subdivision that is requesting to be built next to
a major industrial area. Ms. Cornelius further addressed her concerns regarding the traffic
in the Green Tee Subdivision. She also stated she needs to clear up some rumors and
misconceptions going around the community regarding Scarsdale to Yost Road. She gave
a short presentation in detail of why the Yost Road and Scarsdale connection should be
made.
DOCKETED PUBLIC HEARINGS: None.
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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
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.
B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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.
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C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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.
D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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; 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. 509-335 - 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
r- Page 5 of 28 - 10/11/1999
am
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.
F. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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.
G. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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.
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H. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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, 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.
I. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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.
J. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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
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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.
K. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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 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.
Councilmember Beckman made the motion, seconded by Councilmember Wilkins, to
approve Ordinances Nos. 929, 509-330, 509-333, 509-334, 509-335, 509-336, 509-337,
509-338, 509-339, 509-340, 509-341, on their second and final reading.
Voting "Aye" Councilmembers Beckman, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
MATTERS REMOVED FROM CONSENT AGENDA
None.
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NEW BUSINESS
FIRST AND ONLY READING OF ORDINANCE NO. 930 - AN ORDINANCE
AUTHORIZING ISSUANCE OF CITY OF PEARLAND, TEXAS, ADJUSTABLE RATE
WATERAND SEWER SYSTEM REVENUE BONDS, SERIES 1999; PRESCRIBING THE
TERMS AND CONDITIONS THEREOF; PROVIDING FOR THE PAYMENT THEREOF;
MAKING OTHER PROVISIONS REGARDING SUCH BONDSAND MATTERS INCIDENT
THERETO; AWARDING THE SALE OF THE BONDS; AUTHORIZING ENGAGEMENT OF
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.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Wilkins, to
approve Ordinance No. 930 on its first and only reading.
Frank Ilderbrando, Dane Rauscher, gave a brief overview regarding the issuances of
bonds by the City. He reported this ordinance is for the issuance of water and sewer
bonds. It is his recommendation to issue adjustable rate bonds. Those bonds are variable
i-- rates that will adjust on September 1, of each year. Mr. Ilderbrando also gave an overview
of the ordinance. He further reported in today's market the rate would be approximately
4.5%. The fees for remarkerting and liquidity is approximately 1/4%, so the total would
be about 4.75%, which is about 1 % below the current fixed rate in the market today. That
would save the City approximately $80,000 this year.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, and Beckman.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
COUNCIL ACTION - RESOLUTION NO. R99-79 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 2 AUTHORIZING THE
ISSUANCE OF $2,580,000 UNLIMITED TAX BONDS, SERIES 1999.
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Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Berger, to
approve Resolution No. R99-79.
City Manager, Glen Erwin, reported that Municipal Utility District No. 2 is in the City's
extraterritorial jurisdiction, and they are asking that the City approve the issuance of
$2,580,000 in bonds for the Municipal Utility District. Mr. Erwin stated the Staff has
received, and reviewed the bond documents, and recommends their approval.
Voting "Aye" Councilmembers Beckman, Berger, Wilkins, and Seeger
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
COUNCIL ACTION - RESOLUTION NO. R99-78 - 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 CROSSLAND ACQUISITION,
INC., FOR LAND ACQUISITION SERVICES ALONG FITE AND HARKEY ROADS IN AN
AMOUNT NOT TO EXCEED $169,550.00.
Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to
approve Resolution No. R99-78.
City Manager, Glen Erwin, stated that there is an extensive number of parcels along
these right-of-ways, that the City is going to require temporary construction easements
on. The City does not have the staff to do this project. This company has been selected
to do the work for the City.
Project Manager, Michael Ross, reported this contract will be for land acquisition
services. This firm will acquire temporary construction easements on approximately fifty
parcels of land on Fite and Harkey Road, for the wastewater collection trunk sewer mains.
Voting "Aye" Councilmembers Beckman, Berger, Wilkins, and Seeger
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
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COUNCIL ACTION - RESOLUTION NO. R99-77 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO EXECUTE A,CONTRACT SUPPLEMENT WITH CARTER &
BURGESS, INC. FOR CONSTRUCTION EASEMENT ACQUISITION SERVICES,
PARCEL SURVEYS, AND ADDITIONAL SURVEYS ALONG FITE ROAD AND HARKEY
ROAD IN THE AMOUNT OF $19,393.00.
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Berger, to
approve Resolution No. R99-77.
City Manager, Glen Erwin, stated that this item also addresses the same project as the
previous item. It is for a different service that will be provided. Funds are available in the
budget as part of the State Revolving Fund Tier Three Loan.
Project Manager, Michael Ross, reported that this is for surveying and engineering
support for the same process of the land acquisition. This firm will provide a right-of-way
map that the acquisition firm will use to acquire the parcels of land and negotiate with the
land owners.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, and Beckman.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
COUNCIL AND POSSIBLE ACTION - RESOLUTION NO. R99-76 -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 TERRA -
MAR, FOR GEOTECHNICAL SERVICES ALONG WEST LEA, FAR NORTHWEST, AND
FITE-HARKEY IN AMOUNTS NOT TO EXCEED $11,981.00, $34,158.00, AND
$27,987.00, RESPECTIVELY.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Beckman, to
approve Resolution No. R99-76.
City Manager, Glen Erwin, stated this item covers Geotechnical support that the City will
be receiving from Terramar. The funds have budgeted for this, and they are also part of
the State Revolving Funds Tier Three Loan.
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Project Manager, Michael Ross, gave a brief overview of the project
Voting "Aye" Councilmembers Beckman, Berger, Wilkins, and Seeger
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
COUNCIL ACTION - RESOLUTION NO. R99-82 - 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 JIMMY DUNHAM, P.E. FOR
ENGINEERING SERVICES RELATED TO THE REHABILITATION OF THE ELEVATED
STORAGE TANK LOCATED AT 3519 LIBERTY DRIVE.
Councilmember Wilkins made the motion, seconded by Councilmember Beckman, to
approve Resolution No. R99-82,
City Manager, Glen Erwin, stated that the City has been in the process of rehabilitating
the water facilities for the last several years. This is for the elevated water tank behind
City Hall. This tank does have lead-based paint on it. Mr. Erwin stated it is more prudent
to remove the paint at this time rather than cover it up again, only to have to remove it
later. This action is for the engineering study on the elevated water tank to determine
what needs to be done. This study will cost approximately $38,800.
Larry Marcott, 3606 Inverness Ct., addressed Council and expressed his concerns
regarding the time of year that the City has worked on water facilities in the past. He does
not want this renovation to be done to the water tower during a high water usage period
of the year, because it causes low water pressure.
City Manager, Glen Erwin, stated that he has talked with the Public Works Director, and
that the renovation will be done at the most apporiate time.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, and Beckman
Voting "No" None, with Councilmember Tetens absent.
Motion Passed 4 to 0, with Councilmember Tetens absent.
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COUNCIL AND POSSIBLE ACTION - RESOLUTION NO. R99-83 - 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 CLAUNCH
& MILLER, INC. FOR ENGINEERING SERVICES RELATED TO THE INSTALLATION OF
A LIFT STATION LOCATED ON GARDEN ROAD IN THE GARDEN ACRES
SUBDIVISION.
Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to
approve Resolution No. R99-83.
City Manager, Glen Erwin, stated that is this part of the Garden Road Water and Sewer
installation, and the water lines have been completed in that area. The City is going to
need to acquire a lift station site for the sewer facilities. We are seventy-five percent
complete with the acquisition of that tract of land, and soon as that is done, we will need
to start establishing the elevations for the lines. The City's crews will put the lines in as
soon as the elevations are established. This is for the engineering work for that project,
and there are funds available for these services.
Public Works Director, Jerry Burns, gave a brief overview of the project.
Voting "Aye" Councilmembers Beckman, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
COUNCIL ACTION - RESOLUTION NO. R99-84 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO EXECUTE A DEVELOPMENT AGREEMENT WITH FM 518 AT
CULLEN PROPERTY PARTNERS ("DEVELOPER"), AND SILVER LAKE VILLAGE
LIMITED PARTNERSHIP ("VILLAGE"), TO SET FORTH RESPONSIBILITIES FOR
PROVIDING DRAINAGE AND DETENTION FACILITIES ON THEIR RESPECTIVE
PROPERTIES.
This item was passed, no Council action taken.
FIRST READING OF ORDINANCE NO. 934 -AN ORDINANCE EXTENDING THE CITY
LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN
CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND
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176
ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (NORTH AND EAST OF
THE EXISTING CITY LIMITS) AT THE REQUEST OF REED -WEST INVESTMENTS,
INC.; APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS
AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT;
AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE.
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Berger, to
approve Ordinance No. 934 on its first reading.
City Manager, Glen Erwin, stated that these two tracts of land, a 48.75 acre tract, and a
285.85 acre tract, that are just east of the Green Tee Subdivision, and north of Clear
Creek.
Tom Pool, 2120 County Club, addressed Council and stated that he has concerns
regarding emergency services for the new area, this ordinance would annex into the City.
Mayor Pro -Tem Berger stated that he agrees with the issues Mr. Pool has raised, and
they have to be looked at. It all ties in with the Yost / Scarsdale Roads issue that is now
being researched, and more time is needed for research. He further stated there is no
sense in annexing additional property that cannot be properly serviced or maybe there
is another way that it can be serviced.
Mayor Pro -Tem Berger made the motion, seconded Councilmember Wilkins, to table
Ordinance No. 934 on its first reading.
Voting "Aye" Councilmembers Berger, Wilkins, and Seeger.
Voting "No" Councilmember Beckman.
Motion passed 3 to 1, with Councilmember Tetens absent.
COUNCIL ACTION - REGARDING COUNCIL RECEIVING A PETITION REQUESTING
THE ANNEXATION OF 2.6269 - ACRE TRACT LOCATED IN THE W.D.C. HALL
SURVEY, ABSTRACT NO. 23, HARRIS COUNTY, TEXAS AND BEING OUT OF THE
TRACT CONVEYED TO REED -WEST INVESTMENTS, LTD.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Wilkins, to
approve the annexation of 2.6269 - acre tract located in the W.D.C. Hall Survey, Abstract
Page 14 of 28 - 10/11/1999
177
No. 23, Harris County, Texas and being out of the tract conveyed to Reed -West
Investments, Ltd.
City Manager, Glen Erwin, stated that this is a small tract of land immediately adjacent
to the two tracts that were tabled previously.
Larry Marcott, 3606 Inverness Ct., addressed Council and stated the annexation request
appears to block the road, that would be the extension of Scarsdale. Therefore, he feels
it should be voted down.
Deputy City Manager, Alan Mueller, stated the petition was received by the City on
September 20, 1999, and by state statute, the City has thirty days in which to respond to
the petition to direct the Staff either to move forward, and prepare a service plan, or to
deny the petition.
Mayor Pro -Tem Berger stated again regarding the service issues, and road connection
issues, he will not support accepting this petition.
Councilmember Beckman also stated that she would not support the of the petition either.
Because, she doesn't feel that we have the right to suddenly block the road.
Voting "Aye" None.
Voting "No" Councilmembers Seeger, Wilkins, Berger, and Beckman.
Motion failed 4 to 0.
FIRST READING OF ORDINANCE NO. 933 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, FINDING THAT THE CITY HAS ESTABLISHED
GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT PURSUANT TO
RESOLUTION NO. R98-59; DESIGNATING AND DESCRIBING A REINVESTMENT
ZONE (TO BE KNOWN AS REINVESTMENT ZONE #6), IN ACCORDANCE WITH THE
PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT; FINDING THAT THE
IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICAL AND WOULD BE A
BENEFIT TO THE LAND TO BE INCLUDED IN THE ZONE AND THE MUNICIPALITY
AFTER THE EXPIRATION OF THE TAX ABATEMENT AGREEMENT; AUTHORIZING
THE CITY MANAGER TO SIGN TAX ABATEMENT AGREEMENTS WHEN APPROVED
BY THE CITY COUNCIL; HAVING A SAVINGS CLAUSE AND A SEVERABILITY
CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE.
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Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Berger, to
approve Ordinance No. 933 on its first reading.
City Manager, Glen Erwin, reported that the City held a Public Hearing earlier this
evening to address this issue on the Reinvestment Zone Number 6.
Voting "Aye" Councilmembers Beckman, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Tetens absent
COUNCIL ACTION - RESOLUTION NO. R99-81 - 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 THE CITY
OF CEDAR HILL, TEXAS, TO UTILIZE THE CITY OF CEDAR HILL'S VENDOR FOR THE
PURCHASE OF A TYPE I AMBULANCE.
Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to
approve Resolution No. R99-81.
City Manager, Glen Erwin, stated that there are funds in the budget this year for an
ambulance. This action will enhance the City's ability to purchase this piece of equipment
at a lesser cost, if we join this group of other cities to purchases this type of equipment. He
asked Council to approve the interlocal agreement with the City of Cedar Hill.
Purchasing Officer, Gordon Island, gave a brief presentation regarding the ambulance. He
further stated that in the future the City will be replacing the chassis only, and not the entire
ambulance for about a third of the cost of a new unit.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, and Beckman.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
COUNCIL ACTION - AWARD OF BID NO. 99-085 16" WATERLINE ALONG
BROADWAY.
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170
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Berger, to
award Bid No. B99-085 for a 16" waterline along Broadway to Calco Contracting Inc., in
the bid amount of $839,095.
City Manager, Glen Erwin, stated this is part of the City's EDA Project. The line will run
from County Road 89 over to Kirby and into the interior of Shadow Creek Ranch. This will
began a portion of the looped system.
Project Manager, Michael Ross, reviewed the bids received for the 16" waterline along
Broadway, and recommended that Bid No. B99-085 be awarded to Calco Contracting
Inc., in the amount of $839,095.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, and Beckman.
Voting "No" None.
Motion passed 4 to 0.
COUNCIL ACTION - AWARD OF BID NO, 99-086 HARKEY ROAD 8" FORCE MAIN
SANITARY SEWER IMPROVEMENTS.
r-- Mayor Pro -Tem Berger made the motion, seconded by Councilmember Wilkins, to award
Bid No. B99-086 for the Harkey Road 8" Force Main to Abyss Construction Inc., for the
total bid in the amount of $84,877.54.
City Manager, Glen Erwin, stated that this part of the resolution to the wastewater
treatment problem that we were having on the west of town in the later part of last year.
City Engineer John Hargrove reviewed the bids received for the Harkey Road 8" Force
Main, and recommended that Bid No. B99-086 be awarded to Abyss Construction Inc.,
in the amount of $84,877.54.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, and Beckman
Voting "No" None.
Motion passed 4 to 0, with Councilmember Tetens absent.
Page 17 of 28 - 10/11/1999
E
COUNCIL ACTION - COUNCIL ACCEPTANCE OF PINE HOLLOW SECTION 2-A
SUBDIVISION.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Wilkins, to accept
Pine Hollow Section 2-A Subdivision.
City Engineer, John Hargrove, addressed Council and stated thatthis Subdivision is about
32 acres. It is another phase in Pine Hollow, and will add 101 lots. The name of the
contractor is David White and has done a very fine job. Mr. Hargrove recommended its
acceptance.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, and Beckman
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent
FIRSTAND ONLY READING OF ORDINANCE NO. 932 -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 PINE VALLEY DRIVE IN
A NORTHERLY DIRECTION AT ITS INTERSECTION WITH BROADWAY STREET, UPON
PINE MOSS COURT IN A SOUTHEASTERLY DIRECTION AT ITS INTERSECTION WITH
PINE VALLEY DRIVE, UPON PINE FIELD COURT IN A SOUTHEASTERLY DIRECTION
AT ITS INTERSECTION WITH PINE VALLEY DRIVE, UPON PINE STREAM IN A
NORTHERLY DIRECTION AT ITS INTERSECTION WITH PINE FOREST DRIVE
(PINE HOLLOW SUBDIVISION, SECTION 2A); 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 Mayor Pro -Tem Berger, to
approve Ordinance No. 932 on its first and only reading.
Voting "Aye" Councilmembers Beckman, Berger, Wilkins, and Seeger
Page 18 of 28 - 10/11/1999
Voting "No" None.
181
Motion Passed 4 to 0, with Councilmember Tetens absent.
COUNCIL ACTION - RESOLUTION NO. 99-80 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING ONE (1)
REPRESENTATIVE AND ONE (1) ALTERNATE TO THE HOUSTON-GALVESTON AREA
COUNCIL 2000 GENERAL ASSEMBLY.
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Berger, to
approve Resolution No. R99-80 appointing Mayor Tom Reid as the designated
representative to the General Assembly of the Houston Galveston Area Council and
appoint Councilmember Richard Tetens to serve as alternate to the same.
Voting "Aye" Councilmembers Beckman, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
COUNCIL ACTION - MOTION TO REMOVE FROM TABLE ORDINANCE NO. 509-317.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Beckman to
remove Ordinance No. 509-317 from the table.
Voting "Aye" Councilmembers Beckman, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Tetens absent.
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
%2, OF THE NORTHEAST 1/2, SECTION 16, H.T. & B.R.R. CO. SURVEY, A-546 PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 694) (15902 HARKEY
ROAD) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT (SD) TO
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182
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.
Mayor Pro -Tem Berger 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.
Charles Kinsey, 5208 W. Broadway #200, addressed Council and stated that he
represents Mr. Wayne Smith. Mr. Kinsey further stated that Mr. Smith appreciates the
Councils consideration of a land use change to have a commercial development. Mr.
Kinsey also stated that if Mr. Smith wants to sell his property, and realize a gain for the
hard work he has put into this location over the past years, the property needs to be
zoned Commercial. In closing Mr. Kinsey asked Council to give Mr. Smith's request their
favorable consideration.
Additional discussion ensued among the Council regarding the highest and best use of
this property.
City Attorney, Darrin Coker, stated that Mr. Smith can continue his tree farm as it is now,
and make any improvements necessary for the tree farm as it is now zoned.
Voting "Aye" Councilmembers Beckman and Wilkins.
Voting "No" Councilmembers Seeger and Berger.
In order to break a tie vote Mayor Reid cast his vote.
Voting "Aye" Mayor Reid.
Motion Passed 3 to 2, with Councilmember Tetens absent.
FIRST READING OF ORDINANCE NO. 509-353 - 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,
Page 20 of 28 - 10/11/1999
FIGLAND SUBDIVISION, H.T. & B.R.R. CO. SURVEY, SECTION 13, A-240, PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 789 & SPECIFIC USE
NO. 76) (3029 WAGONTRAIL) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO GENERAL BUSINESS - SPECIFIC USE (GB -S) FOR OUTSIDE
STORAGE OF VEHICLES RELATED TO AUTOMOBILE REPAIR 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. 509-353 (Application No. 789 & Specific Use No. 75) on its first
reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 789 & Specific Use No. 75.
Director of Community Development & Services, Gene Tumlinson, gave a brief overview
of what the property is currently being used for. He further stated that the need for outside
storage is because the company is on the City's wrecker rotation, and a Specific Use
Permit is needed for outside storage of these vehicles. The company is not a salvage
yard, and the storage lot is regulated by the state.
Councilmember Beckman stated that this area is a mixed-use area. Councilmember
Beckman said she could not imagine this area being zoned residential. She further stated
that she feels this is about the highest and best use for the property for the neighborhood.
Councilmember Seeger stated that there is some residential property around this area.
Voting "Aye" Councilmembers Beckman, Berger, Wilkins.
Voting "No" Seeger.
Motion Passed 3 to 1, Councilmember Tetens absent.
FIRST READING OF ORDINANCE NO. 509-342 - 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
Page 21 of 28 -10/11 /1999
1P.
CERTAIN REAL PROPERTY LOCATION BEING LOT 9, BLOCK 3, HICKORY CREEK
PLACE SUBDIVISION, AS RECORDED IN VOLUME 11, PAGES 1-2, OF THE MAP
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 782) (14004 O'DAY
ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
LIGHT INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF DON & MARGARETTE
CHASTEEN, 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. 509-342 (Application No. 782) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 782.
Director of Community Development & Services, Gene Tumlinson gave a presentation
of where this property is located. He stated the reason they are asking for M-1 is primarily
for temporary storage of 18 -wheel trailers that are refrigerated, and they also ship dry
freight and store empty trailers.
Councilmember Wilkins stated that looking at the map this property is surrounded by R-1
and R-2. He does not see how this classification would fit into that area.
Mayor Pro -Tem Berger stated that there are already other industrial buildings and uses
in that area.
Additional discussion ensued among Council regarding this land use change
Voting "Aye" Councilmembers Beckman, Berger, and Seeger
Voting "No" Councilmember Wilkins.
Motion Passed 3 to 1, Councilmember Tetens absent.
FIRST READING OF ORDINANCE NO. 509-343 - 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 6, HICKORY CREEK
Page 22 of 28 - 10/11/1999
185
PLACE SUBDIVISION, PART OF SECTION 7, H.T. & B.R.R. CO. SURVEY,
ACCORDING TO THE MAP RECORDED IN VOLUME 11, PAGES 1 & 2, PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 756) (14001
GARDEN ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF ARMANDO AND EMILIA
JIMINEZ, 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. 509-343 (Application No. 756) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 756.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, and Beckman.
Voting "No" None.
Motion Passed 4 to 0, Councilmember Tetens absent.
FIRST READING OF ORDINANCE NO. 509-344 - 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 8A, (ADJACENT TO WEST LEA
SUBDIVISION), H.T. & B.R.R. CO. SURVEY, ACCORDING TO THE PLAT RECORDS
OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 747) (FM 1128 @ WEST LEA)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL
BUSINESS DISTRICT (GB) AT THE REQUEST OF LISA M. MASSEY, OWNER,
PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE
AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Beckman, to
approve Ordinance No. 509-344 (Application No. 747) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 747.
Page 23 of 28 - 10/11/1999
18&
Voting "Aye" Councilmembers Beckman, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, Councilmember Tetens absent.
FIRST READING OF ORDINANCE NO. 509-345 - 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 1, BLOCK 5, HICKORY CREEK
PLACE SUBDIVISION, SECTION 7, H.T. & B.R.R. CO. SURVEY, A-219, RECORDED
IN VOLUME 11, PAGES 1 & 2, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 743) (5801 KELLY) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT
THE REQUEST OF LARRY C. & FELICIA J. RILEY, 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.
FIRST READING OF ORDINANCE NO. 509-346 - 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 8, HICKORY CREEK
PLACE SUBDIVISION, H.T. & B.R.R. CO. SURVEY, SECTION 7, A-219, ACCORDING
TO THE MAP OR PLAT RECORDED IN VOLUME 11, PAGE 1, PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 766) (5902 MARSHA LANE) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-1) AT THE REQUEST OF ARMANDO AND EMILIO JIMENEZ,
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.
FIRST READING OF ORDINANCE NO. 509-347 - 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 12, BLOCK 10, WEST LEA
Page 24 of 28 - 10/11/1999
187
SUBDIVISION, H.T. & B.R.R. CO. SURVEY, A-546, ACCORDING TO THE PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 762) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-1) AT THE REQUEST OF CHRIS AND MELINDA MARTH,
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.
FIRST READING OF ORDINANCE NO. 509-348 - 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 1, ROBERT McGINNES
SUBDIVISION, A 4.594 ACRE TRACT OUT OF LOT 8, THE SOUTHEAST 1/4 OF THE
NORTHWEST 1/4 OF THE H.T. & B.R.R. CO. SURVEY, SECTION 14, A-509,
ACCORDING TO A MAP RECORDED IN THE PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 763) (5630 BECKY LANE) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-1) AT THE REQUEST OF JOSE AND ANNA MARTINEZ,
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.
FIRST READING OF ORDINANCE NO. 509-349 - 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 0.720 ACRES, MORE OR LESS OUT
OF LOTS 1 & 2, BLOCK 2, GARDEN ACRES SUBDIVISION, SECTION 2, H.T. & B.R.R.
CO. SURVEY, SECTION 7, A-219, ACCORDING TO THE PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 771) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-1) AT THE REQUEST OF MARCUS A. & SOPHIA B. HERNANDEZ,
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.
r Page 25 of 28 - 10/11/1999
Councilmember Wilkins made the motion, seconded by Councilmember Seeger, to
approve Ordinance No. 509-345, 509-346, 509-347, 509-348, 509-349, on their first
reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application Nos. 743, 755, 762, 763, and 771.
Voting "Aye" Councilmembers Beckman, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, Councilmember Tetens absent.
FIRST READING OF ORDINANCE NO. 509-350 - 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 1.9 ACRES, MORE OR LESS, OUT
OF THE W.D.C. HALL LEAGUE, A-70, AS RECORDED IN VOLUME 6, PAGE 142,
PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 790) (2015 E.
BROADWAY) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-1)
AND NEIGHBORHOOD SERVICES DISTRICT (NS) TO NEIGHBORHOOD SERVICES
DISTRICT (NS) AT THE REQUEST OF RANDY K. ELLIS, D.D.S., M.S. AND SELENA
ELLIS, 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. 509-350 (Application No. 790) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 790.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, and Beckman.
Voting "No" None.
Motion Passed 4 to 0, Councilmember Tetens absent.
Page 26 of 28 - 10/11/1999
10
FIRST READING OF ORDINANCE NO. 509-351 - 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 2.00 ACRES IN LOT 22, ALLISON
RICHEY GULF COAST HOME CO. SUBDIVISION, A PART OF SUBURBAN GARDENS,
SECTION 20, H.T. & B.R.R. CO. SURVEY, A-506, RECORDED IN VOLUME 2, PAGES
23 & 24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 815)
(1102 HILLHOUSE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST
OF JOHN 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.
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Berger, to
approve Ordinance No. 509-351 (Application No. 815) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 815.
Voting "Aye" Councilmembers Beckman, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, Councilmember Tetens absent.
FIRST READING OF ORDINANCE NO. 509-352 - 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 40 ACRES OF UNIMPROVED LAND,
SPECIFICALLY DESCRIBED AS LOTS 41,42,51, AND 52, ALLISON RICHEY GULF
COAST HOME CO. SUBDIVISION, SECTION 85, RECORDED IN VOLUME 2, PAGES
107-108, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 793)
(CR 403 & CR 93) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT THE REQUEST OF THOMAS
MALLYNN, CHARLES MALLYNN III, AND LINDA M. TISDALE OWNERS, PROVIDING
FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS
Page 27 of 28 -10/11/1999
190
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Beckman, to
approve Ordinance No. 509-352 (Application No. 793) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 793.
Voting "Aye" Councilmembers Beckman, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, Councilmember Tetens absent.
OTHER BUSINESS:
ADJOURNMENT
Meeting was adjourned at 10:00 p.m.
ADJOURNMENT
Minutes approved as submitted and/or corrected this 25" day of October A.D., 1999.
Tom Reid
Mayor
ATTFRT-
Page 28 of 28 - 10/11/1999