1999-10-25 CITY COUNCIL REGULAR MEETING MINUTES-- MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON OCTOBER 25, 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
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
William Berger
Helen Beckman
Richard Tetens
Larry Wilkins
Klaus Seeger
Glen Erwin
Darrin Coker
Young Lorfing
Others in attendance: Executive Director P.E.D.C. Mike Chance; Deputy City Manager
Alan Mueller; Police Chief J.C. Doyle; City EngineerJohn Hargrove; Directorof Community
Development & Services GeneTumlinson; Director of Finance David Castillo; Public Works
Director Jerry Burns; Assistant City Attorney Nghiem Doan; Project Manager Michael Ross;
Purchasing Officer Gordon Island.
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by CouncilmemberTetens, and the Pledge of Allegiance was led
by Police Chief J.C. Doyle.
APPROVAL OF MINUTES:
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
approve the minutes of the September 27, 1999, Joint Public Hearing held at 6:30 p.m.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No"
Motion Passed 5 to 0.
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207
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Berger, to
approve the minutes of the October 11, 1999, Joint Public Hearing held at 6:30 p.m.; the
minutes of the October 11, 1999, Public Hearing held at 7:00 p.m.; and the minutes of the
October 11, 1999, Regular Council Meeting held at 7:30 p.m.
Voting "Aye" Councilmembers Beckman, Berger, Wilkins, and Seeger.
Voting "No"
Voting "Abstain" Councilmember Tetens.
Motion Passed 4 to 0, with Councilmember Tetens abstaining.
MAYOR'S ACTIVITY REPORT:
Mayor Reid reported that on October 12 he attended the Brazoria County Tax Abatement
Committee Meeting, and the Shadow Creek Ranch Reception; October 13 he attended the
Adult Reading Board of Directors Meeting, and the Council Workshop on the
Comprehensive Plan; October 14 he attended the Chamber ribbon cutting for three new
businesses, and Making A Difference Award Meeting; October 15 he attended the student
visit at the Junior High; October 18 he attended the Council Workshop on Comprehensive
Plan; October 19 the HGAC Board of Directors Meeting, Trees for Pearland Meeting,
Library Board Meeting, and the ACU after hour business mixer; October 20 he attended
the Kiwanis Club Presentation, the Gulf Coast WaterAuthority Board Meeting, and the Bay
Area Transportation Partnership Meeting; October 22 he attended the Transportation
Policy Meeting; October 23 he presented the Partners for Pearland a proclamation for the
Bowl-A-Thon, attended the ground breaking ceremony at Silverlake Church, and the
Chamber of Commerce Trade Fair.
COUNCIL ACTIVITY REPORTS:
The Councilmember passed on giving their reports.
CITY MANAGER'S REPORT:
City Manager, Glen Erwin, reported than since we have received a new copy machine, we
will be duplexing all of the agenda packet's documents. That will save time, money, and
Page 2 of 30 - 10/25/1999
paper consumption. Mr. Erwin stated that he welcomed any comments from Council that
they may have.
CITIZENS:
Griff Maxwell, 2109 Roland Rue, addressed Council and stated they have a quite
neighborhood, and there is already enough traffic on Yost Road. Mr. Maxwell gave several
reasons why he feels that Yost Road should not be opened up to Scarsdale. Mr. Maxwell
stated that he is opposed to the connection of the two roads.
Larry Alvarez, 2704 Pineneedle, addressed Council and stated he is in support of the
Mayor and City Councilmembers to continuing their efforts to keep the neighborhoods free
of through traffic. Specifically by not the allowing the bridge to connect Scarsdale to Yost
Road.
Larry Schmitt, 2203 Washington Irving, addressed Council and stated he against building
a bridge linking Yost Road to Scarsdale. Mr. Schmitt gave various other reasons why he
feels the bridge should not be built.
Johnny Tauzin, 2608 Gun Powder, addressed Council and stated that he is also opposed
to the opening of Yost Road.
Chip Hosek, 3126 Yost Road, addressed Council and gave a brief history of the Yost Road
area, and also gave his reasons why Yost Road should not be connected to Scarsdale.
Sammy Campo, 3106 Yost Road, addressed Council, and presented a petition to the City
Secretary to encourage City Council to find solutions -to Green Tee Terrace's traffic
problems. Mr. Campo read the contents of the petition verbatim, and gave the statistics of
the various subdivisons and parts of the City that signed the petition.
Larry Westfall, 3231 Three Sister Circle, addressed Council, and presented a petition to
the City Secretary asking Council to consider something could be done regarding traffic in
their subdivision. He suggested that traffic patrol be increased or maybe road bumps.
DOCKETED PUBLIC HEARINGS: None.
CONSENT AGENDA:
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?0 .
204
A. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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.
C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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, 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. 75) (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.
E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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 PLACE SUBDIVISION, PART OF SECTION 7, H.T.
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205
& 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)
ATTHE REQUEST OFARMANDOAND EMILIAJIMINEZ, 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.
F. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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.
G. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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.
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206
H. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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. 755) (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.
I. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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 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.
J. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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, A4.594 ACRE TRACT OUT OF LOT 8, THE
SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE H.T. & B.R.R. CO.
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207
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.
K. CONSIDERATION AND POSSIBLE ACTION SECOND AND FINAL 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.
L. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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
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20P
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE
SUBJECT.
M. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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 Councilmember Tetens, to
approve Ordinances Nos. 933, 509-353, 509-343, 509-344, 509-345, 509-346, 509-347,
509-348, 509-349, 509-350, 509-351, on their second and final reading.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No"
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA
CouncilmemberTetens requested thatthe items listed below be removed from the Consent
Agenda.
B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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
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209
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING AN 18.00
ACRE TRACT, THE NORTH Y2, OF THE NORTHEAST Y2, 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 COMMERCIAL DISTRICT (C) AT THE
REQUEST OF M. WAYNE SMITH, OWNER, PROVIDING FOR AN
AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT.
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
approve Ordinance 509-317, on its second and final reading.
Charles Kinsey, 5208 Broadway #200, addressed and stated he is representing Mr. Wayne
Smith, who owns the live oak tree farm on Harkey Road. Mr. Kinsey gave a brief history
of Mr. Smith's tree farm business. He further stated that Mr. Smith has requested Council
allow him to amend his land use from subdivision to commercial. Mr. Kinsey thanked
Council for their consideration of this matter.
Councilmember Tetens stated he is concerned that if the land use is changed, it goes with
the land, and not the business, and any commercial use allowed in the City could be
placed in that area. He further stated there is a lot of residential in that area, and he could
not support this land use change.
City Attorney, Darrin Coker, stated as long as this property is zoned Suburban
Development (SD) it can be used for agriculture use, and the necessary improvements that
is needed can be done as long as it is for agriculture use.
Voting "Aye" Councilmembers Beckman, Wilkins.
Voting "No" Councilmembers Tetens, Berger, and Seeger.
Motion Failed 3 to 2
D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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
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210
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF 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.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Wilkins, to
approve Ordinance 509-342, on its second and final reading.
Councilmember Tetens stated that he also objects to this land use change. He does not
feel that it is the highest and best use of the property. He further stated it backs up to an
R-1 Residential District and is part of a subdivision.
City Attorney, Darrin Coker, stated the business can continue operating as it is.
Voting "Aye" Councilmembers Beckman.
Voting "No" Councilmembers Tetens, Berger, Wilkins, and Seeger.
Motion Failed 4 to 1
N. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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
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211
MALLYNN, CHARLES MALLYNN III, AND LINDA M. TISDALE, 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 509-352, on its second and final reading.
Councilmember Tetens stated that he also objects to this land use change. He stated he
does not feel that it is the highest and best use of the property. He further stated, there are
three other R-3 Subdivisions adjacent to and on the side of this property. Councilmember
Tetens further stated that he does not want a city full of R -3's.
Mayor Pro -Tem Berger stated he would be more comfortable with this if it was an R-3 PUD.
Councilmember Wilkins asked if King Arthur's Court was a mobile home area.
Deputy City Manager, Alan Mueller, stated that generally it is individually owned lots rather
than a mobile home court.
Bud Koza, Proposed Developer, addressed Council and stated this subdivision will have
60'x 100' lots and 60'x 110' lots. The homes will range from $130,000 to $150,000. Mr.
Koza gave a brief overview of the proposed subdivision.
Voting "Aye" Councilmembers Seeger, Wilkins, and Beckman.
Voting "No" Councilmembers Berger and Tetens.
Motion Passed 3 to 2.
NEW BUSINESS
COUNCIL ACTION - RESOLUTION NO. R99-75 - A RESOLUTION OF THE CITY
COUNCIL OF PEARLAND, TEXAS, APPROVING THE SERVICE AND ASSESSMENT
PLAN FOR CITY OF PEARLAND PUBLIC IMPROVEMENT DISTRICT NO. ONE
(SHADOW CREEK RANCH).
Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Berger, to
approve Resolution No. R99-75.
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21?
City Manager, Darrin Coker, gave an overview of the (PID) Public Improvement District
No. 1 Service and Assessment Plan.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R99-88 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO ENTER INTO A MASTER DEVELOPER REIMBURSEMENT
AGREEMENT WITH CITY OF PEARLAND REINVESTMENT ZONE #2 AND
SHADOW CREEK RANCH DEVELOPMENT COMPANY, L.P., A NEVADA LIMITED
PARTNERSHIP, FOR THE CONSTRUCTION AND FINANCING OF CERTAIN TIRZ
IMPROVEMENTS.
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R99-88.
Deputy City Manager, Alan Mueller, gave an overview of the entire agreement and
explained various sections of the agreement. Mr. Mueller further stated the TIRZ Board
approved this agreement with a 7-0 vote, with 1 abstention from Mr. Cook, with Shadow
Creek Ranch Company.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
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.
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213
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Berger, to
approve Resolution No. R99-84.
Deputy City Manager, Alan Mueller, gave an a brief presentation regarding the location
of the drainage and detention facility, and the proposed easements. He also explained
the contents of the agreement.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R99-86 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 19 OF A 77.290 ACRE
TRACT, A 40.00 ACRE TRACT, A 19.66 ACRE TRACT, AND A 46.9235 ACRE TRACT,
LOCATED WITHIN THE CITY LIMITS OF PEARLAND.
Councilmember Mayor Pro -Tem Berger made the motion, seconded by Councilmember
Wilkins, to approve Resolution No. R99-86.
City. Manager, Glen Erwin, stated this resolution allows the annexation of these four tracts
of land into Municipal Utility District No. 19.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R99-87 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 3 AUTHORIZING THE
ISSUANCE OF $3,555,000 WATERWORKS AND SEWER SYSTEM COMBINATION
UNLIMITED TAX BONDS, SERIES 1999A.
Councilmember Wilkins made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R99-87.
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21"
City Manager, Glen Erwin, stated that Municipal Utility District No. 3 is in the City's(ETJ)
extraterritorial jurisdiction, and the City is required to approve the authorization of these
bonds. The Staff has reviewed these documents and recommends the approval of this
resolution.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R99-85 - 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 DANNENBAUM
ENGINEERING CORPORATION FOR ENGINEERING SERVICES RELATED TO THE
ADVANCED PLANNING AND PRELIMINARY ENGINEERING OF THE PROPOSED
MAGNOLIA ROAD OVERPASS.
Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to
approve Resolution No. R99-85.
City Manager, Glen Erwin, stated this will be the City's second railroad overpass.
Project Manager, Michael Ross, gave a brief presentation regarding the contract with
Dannenbaum Engineering Corporation for engineering services for Burlington Northern
Santa Fe Railroad Overpass. Mr. Ross stated the amount of the contract will be
$567,384.78.
Deputy City Manager, Alan Mueller, stated this project is partially TxDot funded. It was
originally applied for by the City in 1996, when Mr. Burdine was still here, and it has taken
this long to get to the engineering contract.
Additional discussion between Council and Mr. Mueller ensued.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
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215
FIRST READING OF ORDINANCE NO. 935 -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 #7), 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.
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 935 on its first reading.
City Manager, Glen Erwin, stated a public hearing was held earlier this evening, regarding
this tax reinvestment zone. This ordinance will begin to establish that zone.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 870-2 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING CHARGES FOR
WATER AND SEWER SERVICES FURNISHED BY THE CITY, AS PROVIDED IN
CHAPTER 30, ARTICLE II, SECTION 30-38 OF THE CODE OF ORDINANCES;
REPEALING PREVIOUS WATER AND SEWER SERVICE RATE SCHEDULES;
PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE AND A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION AND
FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO
ESTABLISH WATER RATES INURES TO THE BENEFIT OF THE PUBLIC AND,
THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF
THE CITIZENRY.
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
approve Ordinance No. 870-2 on its first and only reading.
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216
City Manager, Glen Erwin, stated these utility fees are discussed at length in the new
budget, and the City Attorney has prepared this ordinance. Mr. Erwin further stated that
Staff recommends its approval.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL AND POSSIBLE ACTION - RESOLUTION NO. R99-89 -A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CANCELING THE
CONTRACT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR
IMPROVEMENTS TO COUNTRY CLUB DRIVE.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Wilkins, to
approve Resolution No. R99-89.
City Manager, Glen Erwin, stated that TxDot has informed the City that they will not
participate in this rehabilitation project if the elevation of the road or bridge is changed,
and that would be necessary in order to do the project properly, therefore, it is Staffs
recommendation to cancel this contract with TxDot, with the understanding of the
possibility that we could this money to another rehabilitation project that would qualify.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - MOTION TO REMOVE FROM TABLE ORDINANCE NO. 934.
Councilmember Wilkins made the motion, seconded by Councilmember Tetens, to
remove Ordinance No. 934 from the table.
Mayor Pro -Tem Berger stated that nothing has changed since this item was tabled
originally. The traffic issue still has not been resolved. The City still has more work to do
on this matter. Mayor Pro -Tem Berger further stated he could not support removing this
ordinance from the table at this time.
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217
Larry Marcott, 3606 Inverness Ct., addressed Council and stated he is concerned that
this is not the same ordinance as presented last time. He further stated he made a
comment about the roadway on the ordinance that was tabled. In closing Mr. Marcottsaid
he is opposed to the adoption of this ordinance if it does not have a road easement.
City Attorney, Darrin Coker, stated that this is the same document as previously
presented to Council. Mr. Coker further stated it is two separate parcels and they are
being done through one annexation ordinance, therefore, it is the two parcels joined
together making the 300 acres.
Voting "Aye" None.
Voting "No" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Motion Failed 5 to 0.
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
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 TOTHE SUBJECT;
AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE.
This item was not removed from the table pursuit to the above Council action.
COUNCIL ACTION - REGARDING AN APPLICATION FROM PAUL BRENT DURRETT
FOR A BUILDING PERMIT TO ERECT A METALLIC BUILDING ON PROPERTY
LOCATED AT 1115 CULLEN.
Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to
approve an application from Paul Brent Durrett for a building permit to erect a metallic
building on property located at 1115 Cullen.
Director of Community Development & Services, Gene Tumlinson, explained the process
of how a building permit is denied, and the appeal process begins, in order for Council
to make a determination regarding the issuance of a permit in a (SD) Suburban
Development District. He stated this action is pursuit the Land Use and Urban
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218
Development Ordnance Section 4.3 General Provisions. Mr. Tumlinson also stated the
permit will be for a 15,000 square foot building that will store seized vehicles for
government.
Brent Durrett, gave a brief presentation to Council regarding his possible award of a
contract from the Federal Government to store seized vehicles, if he gets this permit
issued.
Additional discussion between Council, City Attorney, and Staff ensued.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, and Seeger.
Voting "No" Councilmember Wilkins.
Motion Passed 4 to 1.
COUNCIL ACTION - COUNCIL ACCEPTANCE OF ALEXANDER LANDING, SECTION
FIVE.
Councilmember Beckman made the motion, seconded by Councilmember Tetens to
accept Alexander Landing, Section Five Subdivision.
City Engineer, John Hargrove, addressed Council and stated that this subdivision is 6.7
acres, and consist of 29 lots. Mr. Hargrove recommended its acceptance for operation and
maintenance by the City.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - COUNCIL ACCEPTANCE AUDUBON PLACE, SECTION ONE.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Berger, to accept
Audubon Place, Section One Subdivision.
City Engineer, John Hargrove, addressed Council and stated this subdivision consists of
40 acres, and is on the east side of Southwest Environmental Center. The subdivision is
Page 18 of 30 - 10/25/1999
also constructed by David White, and contains 32 lots with more to come later. Mr.
Hargrove recommended its acceptance.
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 OCTOBER 11, 1999.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Beckman, to
excuse the absence of Councilmember Richard Tetens from the Regular Council Meeting
held on October 11, 1999.
Voting "Aye" Councilmembers Beckman, Berger, Wilkins, and Seeger.
Voting "No" None.
Voting "Abstain" Councilmember Tetens.
Motion Passed 4 to 0, with Councilmember Tetens abstaining.
COUNCIL ACTION -AWARD OF BID NO. 20-001 FOR CLASS I AMBULANCE.
Councilmember Wilkins made the motion, seconded by Councilmember Tetens, to award
Bid No. B20-001 for Class I Ambulance to Frazer, Inc. for the total bid in the amount of
$87,800.
Purchasing Officer Gordon Island reviewed the bid received for the Class I Ambulance,
and recommended that Bid No. B20-001 be awarded to Frazer, Inc., in the amount of
$87,800.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion passed 5 to 0.
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219
220
CONSIDERATION AND POSSIBLE ACTION -APPOINTMENT TO THE PLANNING AND
ZONING COMMISSION.
No council action taken.
COUNCIL ACTION - RATIFICATION OF CITY MANAGER'S APPOINTMENT OF THE
CITY HEALTH AUTHORITY.
Councilmember Seeger made the motion, seconded by Councilmember Wilkins to ratify
the City Manager's appointment of Dr. Dien Q. Bui to serve as the City Health Authority.
City Manager, Glen Erwin, stated that pursuant to the City Charter Section 4.08 allows
the City Manager to appoint a City Health Authority and it is his recommendation to
appoint Dr. Bui. Mr. Erwin further stated that Dr. Bui also serves as the EMS Medical
Director, and is doing an excellent job for the City.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-354 - 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 2-1, A 0.784 ACRE PARCEL IN
THE J.W. MAXEY SURVEY, A-721, ACCORDING TO THE DEED RECORDS OF
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 791) (9322 W. STERLING) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-1) AT THE REQUEST OF ALICE M. KEMP, 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.
FIRST READING OF ORDINANCE NO. 509-355 - 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
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221
CERTAIN REAL PROPERTY LOCATION BEING LOT 10, CAS -CON ADDITION,
SECTION 2, ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 18, PAGE
200, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 759) (5807
RAZA) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF ERNEST
SANCHEZ JR, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE
DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
approve Ordinance Nos. 509-354 (Application No. 791) and 509-355 (Application No.
759) on their first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendations
to approve Application Nos. 791 and 759.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0
FIRST READING OF ORDINANCE NO. 509-356 - 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 33, SECTION 8, ALLISON
RICHEY 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 (APPLICATION NO. 819) (1930 GARDEN ROAD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1)
AT THE REQUEST OF FRANK SALVUCCI, AGENT FOR ANTHONY WELDED
PRODUCTS, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE
DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Berger, to
approve Ordinance No. 509-356 (Application No. 819) on its first reading.
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227
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
regarding Application No. 819, which was a 2 to 2 vote.
Councilmember Beckman stated at the public hearing there were quite a few residents
from Robin's Cove Subdivision who were opposed to this zone change, because it would
affect their neighborhood.
Councilmember Wilkins stated that he concurs with Councilmember Beckman, and will
be voting "No" on this.
Voting "Aye" None.
Voting "No" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Motion Failed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-357 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATION BEING A 11.515 ACRE TRACT OUT OF LOTS
32 & 33, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, H.T. & B.R.R. CO.
SURVEY, A-504, RECORDED IN VOLUME 2, PAGES 23 & 24, PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 829) (1854 GARDEN ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT
INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF FRANK SALVUCCI, AGENT FOR
F.F. & E. FAMILY LIMITED PARTNERSHIP, 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. 509-357 (Application No. 829) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
regarding Application No. 829, which was a 2 to 2 vote.
Councilmember Tetens stated that this is an extension of the same property that was
previously voted on.
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223
Councilmember Beckman stated that this was also highly protested by its neighbors.
Voting "Aye" None.
Voting "No" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Motion Failed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-358 - 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 2.605 ACRES OUT OF THE NORTH
'/2 OF LOT 41, FIGLAND ORCHARD SUBDIVISION, H.T. & B.R.R. CO. SURVEY, A-240,
RECORDED IN VOLUME 3, PAGE 77, PLAT RECORDS OF BRAZORIA COUNTY,
TEXAS (APPLICATION NO. 744) (HATFIELD ROAD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT
(GB) AT THE REQUEST OF MIGUEL AND YOLANDA AGUILAR, 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. 509-358 (Application No. 744) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 744.
Councilmember Tetens stated that this property is located in a residential area.
Voting "Aye" None.
Voting "No" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Motion Failed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-359 - 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
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T. 4
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATION BEING A 3.300 ACRE TRACT OUT OF LOT
39, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 8, H.T. &
B.R.R. CO. SURVEY, A-504, RECORDED IN VOLUME 2, PAGES 23-24, PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 645) (2230 GARDEN
ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
MOBILE HOME PARK DISTRICT (MH) AT THE REQUEST OF MICHAEL VAVRICKA,
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 Seeger made the motion, seconded by Councilmember Wilkins, to
approve Ordinance No. 509-359 (Application No. 645) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 645.
Councilmember Wilkins stated that he wanted to remind Council there were several
citizens that spoke in support of this mobile home park, and he recommends its approval.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-360 - 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 TRACTS 125A & 128A,
APPROXIMATELY 20.00 ACRES, OUT OF THE A.C.H. & B. SURVEY, A-147,
ACCORDING TO THE MAP OR PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 814) (JOHN LIZER ROAD) FROM CLASSIFICATION GENERAL
BUSINESS DISTRICT (GB) TO SINGLE FAMILY DWELLING DISTRICT (R-2) AT THE
REQUEST OF MAURIS HARDCASTLE, AGENT FOR ROY W. WILLIAMS, JR.,
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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225
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 509-360 (Application No. 814) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 814.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-361 - 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 0.460 ACRES, A.K.A. TRACT 30A1,
H.T. & B.R.R. CO. SURVEY, A-309, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 757) (2414 OLD CHOCOLATE BAYOU ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-1) AT THE REQUEST OF LONNIE TURNER, 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.
FIRST READING OF ORDINANCE NO. 509-362 - 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 8, BLOCK 7, WEST LEA
SUBDIVISION, SECTION 2, ACCORDING TO THE PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 809) (7108 WEST LEA LANE) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-1) AT THE REQUEST OF MELODY J. HUBBARD, 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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226
FIRST READING OF ORDINANCE NO. 509-363 - 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 11 & 12, BLOCK 8, HICKORY
CREEK PLACE SUBDIVISION, H.T. & B.R.R. CO. SURVEY, A-219, RECORDED IN
VOLUME 11, PAGES 1 & 2, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 811) (6405 KELLY) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT
THE REQUEST OF RALFORD & METTA RIGGLE, 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. 509-364 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATION BEING A TRACT SITUATED IN LOT 9,
ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SUBURBAN GARDENS,
SECTION 20, H.T. & B.R.R. CO. SURVEY, A-506, RECORDED IN VOLUME 2, PAGE
23, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 812) (2330
STERLING ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF DARREN
& JOAN GARNER, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE
DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
approve Ordinance No. 509-361, 509-362, 509-363, and 509-364 on their first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 757,809,811, and 812.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
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FIRST READING OF ORDINANCE NO. 509-365 - 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 APPROXIMATELY 8.23 ACRES OUT
OF AN 11.74 ACRE TRACT, PART OF LOTS 49 & 50, ALLISON RICHEY GULF COAST
HOME CO. SUBDIVISION, SECTION 85, H.T. & B.R.R. CO. SURVEY, A-304,
ACCORDING TO THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 813) (CORNER OF FM 518 & CR 93) FROM CLASSIFICATION
GENERAL BUSINESS DISTRICT (GB) TO COMMERCIAL DISTRICT (C) AT THE
REQUEST OF JAMES M. JOHNSON, AGENT FOR W.C. PROPERTIES, LTD., OWNER,
PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE
AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Wilkins, to
approve Ordinance No. 509-365 (Application No. 813) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 813.
James Johnson, 900 Apollo Ln., addressed Council and gave a brief presentation
regarding the proposed use of this land, if the land use change is approved.
Councilmember Tetens stated that the property owner whose property is zoned (GB)
General Business on the corner had asked for (C) Commercial zoning and they were
denied, and that was vacant property. He further stated that the City should not have to
zone a large portion of property commercial just for storage sites.
Councilmember Beckman stated that the only one who addressed Council, was another
neighboring property owner, and there was not any opposition to this land use change.
City Attorney, Darrin Coker, stated that a (SPU) Specific Use Permit could be granted
along with the (GB) General Business and allow for a storage facility.
Voting "Aye" Councilmembers Beckman.
Voting "No" Councilmembers Tetens, Berger, Wilkins, and Seeger.
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Motion Failed 4 to 1.
Additional discussion ensued between Council, Staff, City Attorney, and Mr. Johnson
regarding how the City may best accommodate Mr. Johnson, and allow him a Specific Use
Permit in a timely manner.
COUNCIL ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING
AND ZONING COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO. 830)
AT THE REQUEST OF FRANK SALVUCCI, AGENT FOR ANTHONY WELDED
PRODUCTS, OWNERS, FOR AN AMENDMENT TO THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF SAID CITY FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) ON THE
FOLLOWING DESCRIBED PROPERTY BEING LOT 9, H.T. & B.R.R. CO. SURVEY, A-
504, SECTION 8, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION,
RECORDED IN VOLUME 2, PAGE 23, PLAT RECORDS OF BRAZORIA COUNTY,
TEXAS (ROY ROAD).
Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Berger, to deny
Application No. 830.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 830.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
CONSIDERATION AND POSSIBLE ACTION - AWARD OF RFP NO. 99-84 FOR BANK
DEPOSITORY.
Mayor Reid announced that Mayor Pro -Tem Berger has left the Council Chambers.
Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to award
RFP No. B99-84 for the City's bank depository to Pearland State Bank as recommended
by Stephens and Associates.
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City Manager, Glen Erwin stated that the City mailed eight (RFP) Request For Proposal
for the City's bank depository contract. He further reported that the City had four banks
respond, and all of the RFP's were very competitive. The Staff reviewed them, and also
outside a consultant reviewed them. The Staff recommends that the City select Pearland
State Bank perform our depository services.
Voting "Aye" Councilmembers Seeger, Wilkins, Tetens, and Beckman.
Voting "No" None.
Motion passed 4 to 0, with Mayor Pro -Tem Berger absent from the Council Chambers.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 9:45 p.m. to
discuss the following:.
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551-074 - PERSONNEL MATTERS - DISCUSSION
CONCERNING APPOINTMENT OF THE BOARD OF DIRECTORS
OF TAX INCREMENT REINVESTMENT ZONE NO. 2.
2. SECTION 551.072 - REAL PROPERTY: DISCUSSION
REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL
PROPERTY FOR LOCATED IN OLD TOWN SITE.
Council returned from Executive Session at 10:10 p.m.
NEW BUSINESS (CONTINUED):
COUNCIL ACTION - INSTRUCTION TO CITY STAFF REGARDING APPOINTMENT OF
MEMBERS OF THE BOARD OF DIRECTORS OF TAX INCREMENT REINVESTMENT
ZONE NO. 2.
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
appoint Sunny Corley as a member of the Board of Directors of Tax Increment
Reinvestment Zone No. 2.
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Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - DIRECTION TO STAFF REGARDING THE SALE, PURCHASE, OR
EXCHANGE OF REAL PROPERTY LOCATED IN OLD TOWN SITE.
No Council action taken
ADJOURNMENT
Meeting was adjourned at 10:11p.m.
Minutes approved as submitted and/or corrected this 8th the day of A.D. November
1999.
�01�2
Tom Reid
Mayor
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