1999-11-22 CITY COUNCIL REGULAR MEETING MINUTES012
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON NOVEMBER 22, 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 ChiefJ.C. Doyle; City Engineer John Hargrove; Director of Community
Development and Services Gene Tumlinson; Director of Finance David Castillo; Public
Works Director Jerry Burns; Project Manager Michael Ross; Utility Accounts Supervisor
Missy Miller
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Reverend Barnett, and the Pledge of Allegiance was led by
Deputy City Manager Alan Mueller.
APPROVAL OF MINUTES:
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
approve the minutes of the November 8, 1999, Joint Public Hearing held at 6:30 p.m. and
the minutes of the November 8, 1999, Regular Council Meeting held at 7:30 p.m.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, and Seeger.
Voting "No" None.
Voting "Abstain" Councilmember Wilkins.
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OI3
Motion Passed 4 to 0, Councilmember Wilkins abstaining
MAYOR'S ACTIVITY REPORT
Mayor Reid and Mayor Pro -Tem Berger presented the Government Finance Officers
Association's "Distinguished Budget Presentation Award" to City Manager Glen Erwin and
Director of Finance David Castillo.
Mayor Reid reported that the presentation by VFW Post 7109, honoring Veterans Day was
a grand presentation, and further reported that Mayor Pro -Tem Berger, Past Commander
was the Master of Ceremonies. Mayor Reid also reported that on November 10 he
attended Brazoria Tax Abatement Committee Meeting and Gulf Coast Water Authority
Planning Committee Meeting; November 11 he attended the Chamber Breakfast, the VFW
presentation for Veterans Day, and the HGAC Home Rule Caucus Meeting; November 15
he attended the PEDC Monthly Meeting, and the Chamber Retreat; November 16 he
attended the HGAC Monthly Board of Directors Meeting and the Texas Water Association
Monthly Meeting; November 17-21 he attended the TML Annual Meeting in Dallas.
COUNCIL ACTIVITY REPORTS
Counci[member Beckman reported that she attended the Texas Utility Association Meeting
that Pearland hosted, and it was a great success. She also attended the TML Annual
Meeting, and the Hobby Fest.
Councilmembers Tetens, Berger, Wilkins, and Seeger stated that they did not have
anything to add.
CITY MANAGER'S REPORT
City Manager, Glen Erwin, reported that he also attended the Hobby Fest activities, and
the Chamber did a great job in putting the festival together. He also announced on
Thursday, December 2, at 6:45 there will be the lighting of the City's Christmas Tree, and
on Saturday, December 4, is the lighted Christmas parade.
CITIZENS
Michael Cotter, 2549 Lazy Bend, addressed Council regarding the 911 System in the newly
annexed areas that was annexed in August. He further reported an incident that had
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014
happened near his church and a need emergency service. He stated that there was some
confusion on what entity is supposed to run emergency calls. Mr. Cotter asked that the City
check and make sure that 911 is updated so that the proper agency will respond to 911
emergency calls.
Joseph M. Zvanut, 2905 Yorkshire, addressed Council regarding issues he has concerning
Tax Increment Reinvestment Zone No. 2.
Bob Lewis, 2905 Country Club Dr., addressed Council regarding Pearland Parkway, and
the recent developments on Pearland Parkway. Mr. Lewis stated that he is concerned
when Lowe's is opened for business and the possible traffic gridlock that it may bring to
that area. He asked if the City could check into obtaining some of the Tom DeLay $8.0
million Project Money, and use some of those funds to extend Pearland Parkway to the
Beltway.
DOCKETED PUBLIC HEARINGS: None.
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-367 - 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 41
&.254 ACRES OF LOT 40, IN THE W.D.C. HALL SURVEY, A-70, BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 827) (1920 BROADWAY) FROM
CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-1) TO OFFICE
PROFESSIONAL DISTRICT (OP) AT THE REQUEST OF BEVERLY BROWN,
OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT
MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-368 - 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 1.1671
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015
ACRE TRACT OUT OF LOT 3, ALLISON RICHEY GULF COAST HOME CO.
SUBDIVISION, SECTION 85, H.T. & B.R.R. CO. SURVEY, A-304, RECORDED
IN VOLUME 2, PAGE 107, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 833) (2401 SMITH RANCH ROAD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS
DISTRICT (GB) AT THE REQUEST OF JOHN H. GEHRING, 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. 509-370 - 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 60 ACRES OUT OF SECTION 12, H.T. & B.R.R. CO.
SURVEY, A-508, ACCORDING TO THE PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 820) (SOUTHEAST CORNER OF
MAGNOLIA AND VETERANS) FROM CLASSIFICATION COMMERCIAL
DISTRICT (C) TO SINGLE FAMILY DWELLING DISTRICT (R-2) AT THE
REQUEST OF DWAIN EVANS, AGENT FOR FLYMA THOMPSON , ELLIOT
CAGE, AND CATHERINE CAGE BURNS, 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. 509-371 - 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 18.4 ACRES OUT OF LOT 1, T.D. YOCUM, A-399, A.C.H &
B. SURVEY, A-146, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 835)
(JOHN LIZER ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT -
BUSINESS DISTRICT (SD -B) TO SINGLE FAMILY DWELLING DISTRICT (R-1)
AT THE REQUEST OF JAY ATCHLEY, AGENT FOR DAN M. WARRALL,
OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT
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016
r-. 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. 509-372 - 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 10, 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. 810) (6322 KELLY DRIVE)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF TIM L. & MARY
HAYDEN, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE
DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE
SUBJECT.
H. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-373 - 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 17,
SOMERSETSHIRE ESTATES, H.T. & B.R.R. CO. SURVEY, A-546, ACCORDING
TO THE PLAT RECORDED IN VOLUME 16, PAGE 281, PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 816) (3410 KING ARTHURS
COURT) FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO
SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF JOE
CORDELL, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE
DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE
SUBJECT.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-374 - 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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017
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING LOT 4,
BLOCK 2, ROBIN COVE ADDITION, AS RECORDED IN VOLUME 18, PAGE
159, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO.
817) (5406 ROBIN SOUND) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE
REQUEST OF CALVIN D. BRITSON, 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 asked that Item C. Ordinance No. 509-369 and Item D. Ordinance
No. 509-375 be removed from the Consent Agenda.
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Berger, to
adopt the Consent Agenda Items A through I, on their second and final reading, reserving
C and D for further discussion.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA
As requested by Councilmember Tetens Item C. Ordinance No. 509-369 and Item D.
Ordinance No. 509-375 was removed from the Consent Agenda.
C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-369 - 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 86.618
ACRES OF LAND OUT OF THE JOHN W. MAXEY SURVEY, A-721 AND THE
ALLISON-RICHEY GULF COAST HOME CO. SUBDIVISION, RECORDED IN
VOLUME 2, PAGE 23, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 836) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
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BE
DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT THE
REQUEST OF KEN CAFFEY, AGENT FOR AMVEST PROPERTIES, INC.,
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 Ordinances No. 509-369, on its second and final reading.
Bob Lewis, 2905 County Club Dr., addressed Council and stated that the 86 acres in this
ordinance is a continuation of a larger tract of property that is zoned R-3. Also behind the
86 acres is 20 acres that will be the frontage on FM 518. Mr. Lewis stated that he is
support of this land use change.
Clinton Wong and Ken Caffey with Amvest Properties, addressed Council and gave a
brief overview of the subdivision that is being proposed, and asked Council to support the
re -zoning of this property.
Councilmember Wilkins stated he has driven out to this property. He is very impressed
with the development. It is a major enhancement to the area. Councilmember Wilkins
further stated that he will be supporting the change to R-3.
Councilmember Tetens stated that in Mr. Wong's presentation he addressed the property
adjacent to this property and not the property being considered. He also stated that the
new Comprehensive Plan shows that area to be low density, and R-3 is not low density.
Councilmember Tetens further stated he does not see much need voting on a
comprehensive plan if we are not going to pay any attention to it.
Councilmember Beckman stated that she also visited the area, and this being an
extension of the existing subdivision she is going to support this zone change.
Voting "Aye" Councilmembers Beckman, Berger, Wilkins, and Seeger.
Voting "No" Councilmember Tetens.
Motion Passed 4 to 1.
D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-375 - AN ORDINANCE OF THE CITY COUNCIL OF
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019
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 22,
BEING 10.00 ACRES, ALLISON-RICHEY GULF COAST HOME CO.
SUBDIVISION, IN THE H.T. & B.R.R. CO. SURVEY, A-304, RECORDED IN
VOLUME 2, PAGES 107 & 108, PLAT RECORDS OF BRAZORIA COUNTY,
TEXAS (APPLICATION NO. 652) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT THE
REQUEST OF JOHN TAYLOR, AGENT FOR THE RITSON MORRIS
CORPORATION, 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 Ordinances Nos. 509-375, on its second and final reading.
Councilmember Tetens stated that he is making the same statement as he did on the
previous action, that R -Ts are not low density.
Councilmember Beckman stated that she feels that R-3 is warranted in this location.
Councilmember Seeger stated that he agrees with Councilmember Beckman, and this
area is almost entirely surrounded by R -Ts.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, and Beckman.
Voting "No" Councilmember Tetens.
Motion Passed 4 to 1.
NEW BUSINESS
COUNCIL ACTION - RESOLUTION NO. R99-100 - A RESOLUTION OF THE CITY
COUNCIL OFTHE CITY OF PEARLAND, TEXAS, CONFIRMINGAND READOPTING ITS
CONSENT TO THE CREATION OF MUNICIPAL UTILITY DISTRICT NOS. 2 AND 3.
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020.
Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Berger, to
approve Resolution No. R99-100.
City Attorney, Darrin Coker, stated this is similar to the action taken at a previous Council
Meeting for MUD No. 6. He further stated this again is clarifying the MUD's boundaries
as originally created.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R99-102 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING AN ANNEXATION PLAN
IN ACCORDANCE WITH LOCAL GOVERNMENT CODE, SECTION 43.052.
Councilmember Seeger made the motion, seconded by Councilmember Beckman, to
approve Resolution No. R99-102.
City Manager, Glen Erwin, stated that the recent legislature enacted laws that require the
City to put forth an annexation plan. This plan being presented does meet all
requirements of the law, and he asked that Council approve this resolution.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - REGARDING COUNCIL RECEIVING A PETITION REQUESTING
THE ANNEXATION OF APPROXIMATELY 324.6482 ACRES AS REQUESTED BY
REED -WEST INVESTMENTS, LTD.
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
receive a petition requesting the annexation of approximately 324.6482 acres as
requested by Reed -West Investments, Ltd.
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021.
City Manager, Glen Erwin, stated this is a tract that has been discussed for several
weeks. This action tonight will be to receive the petition for annexation and instruct the
staff to proceed with a plan for a future agenda.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCILACTION -CHAMBER OF COMMERCE CHRISTMAS PARADE APPLICATION.
Councilmember Tetens made the motion, seconded by Councilmember Wilkins, to
approve the Chamber of Commerce Christmas parade application.
Police Chief, J.C. Doyle, reported that this is not an approved parade route, therefore, it
must be approved by Council. This is the City's fifth year to have this parade. The City
has received the authorization from TxDot, and they have approved the traffic control
plan. He further reported the personnel is in place, the barricades have been ordered,
and taken care of in adequate numbers. Also there are additional officers available for
traffic control and the Citizen's Police Academy will also assist with the parade.
Billye Everett, President of the Chamber, addressed Council and thanked them for
approving the annual night parade route. She also announced that Past- Houston Oiler,
Haywood Jeffires, will be the Parade Marshal.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R99-101 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO EXECUTE A CHANGE ORDER WITH CHAMPAGNE-WEBBER,
INC. FOR MATERIALS AND LABOR ASSOCIATED WITH THE McHARD ROAD
OVERPASS.
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022
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Wilkins, to
approve Resolution No. R99-101.
City Engineer, John Hargrove, gave an overview in detail of Change Order No. 5. The total
amount of the change order is $103,881.59, and he recommended its approval.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 941- 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 #8), 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 Wilkins made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 941 on its first reading.
City Manager, Glen Erwin, stated that the Public Hearing for this reinvestment zone was
held earlier this evening, and this is the first reading of the ordinance, and Staff
recommends the approval of this ordinance.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R99-103 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
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023
OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH
BRAZORIA COUNTY FOR CONSTRUCTION, IMPROVEMENT, MAINTENANCE, OR
REPAIR OF STREETS OR ALLEYS WITHIN THE CITY LIMITS OF PEARLAND.
Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to
approve Resolution No. R99-103.
City Manager, Glen Erwin, stated that each year the City enters into this interlocal
agreement with Brazoria County which enables them to help the City with the street
overlay program, and the program has worked well in the past. Staff asked that Council
approve this interlocal agreement for another year.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 942 -AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING PUBLIC
CONVENIENCE AND NECESSITY TO ACQUIRE PROPERTY FOR THE
CONSTRUCTION OF A SANITARY SEWER LIFT STATION, AND PROVIDE
NECESSARY TEMPORARY CONSTRUCTION EASEMENTS TO CERTAIN REAL
PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS
DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE
NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION,
PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN;
DECLARING AN EMERGENCY AS THE CONSTRUCTION OF SANITARY SEWER
FACILITIES BEARS DIRECTLY UPON THE HEALTH, SAFETYAND WELFARE OF THE
CITIZENRY; AND PROVIDING AN EFFECTIVE DATE.
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 942 on its first and only reading.
City Manager, Glen Erwin, stated the acquisition of this property will allow us to design
and engineer the sanitary sewer lift station in the Garden Acres area, and will also allow
for the completion the sewer line installation for this subdivision.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman
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Voting "No" None.
Motion Passed 5 to 0.
024
FIRST READING OF ORDINANCE NO. 528-6 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 6, ANIMALS
AND FOWL, OF THE CITY OF PEARLAND CODE OF ORDINANCES (ORDINANCE NO.
528), AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, ALLOWING HOGS,
PIGS, OR SWINE TO BE KEPTAND MAINTAINED ON SCHOOL DISTRICT PROPERTY
WHEN BEING USED FOR EDUCATIONAL PURPOSES; PROVIDING A PENALTY FOR
VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A
REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN
EFFECTIVE DATE.
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
approve Ordinance No. 528-6 on its first reading.
City Attorney, Darrin Coker, stated this is for the school's agriculture facility which is for
the student's use to raise their animals to show. This amendment is being requested, and
would allow certain animal and fowl because it is for educational purposes.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion passed 5 to 0.
COUNCIL ACTION - REGARDING THE CLOSING OF THE KNAPP ROAD RAILROAD
CROSSING.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Tetens, to
approve the closing of the Knapp Road Railroad Crossing.
City Manager, Glen Erwin, stated when the overpass was built from Highway 35 to
Mykawa Road it was discussed with the railroad to close Knapp Road to Mykawa Road.
There have been several fatal accidents at the Knapp Road railroad crossing. This item
will allow the City to move forward and close the Knapp Road railroad crossing. The
railroad has agreed to pay the City $225,000 to close the crossing.
Page 13 of 20 - 11/22/1999
025
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 943 -AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, ADOPTING A COMPREHENSIVE PLAN TO ACT
ASA GUIDE FOR REGULATING LAND USE WITHIN THE INCORPORATED LIMITS OF
PEARLAND; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A
REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION AND
FOR CODIFICATION.
Councilmember Wilkins made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 943 on its first reading.
Project Manager, Michael Ross, gave an overview of the Comprehensive Plan.
Discussion ensued between Council and Staff, and additional changes were so noted.
The plan will be amended to reflect the changes for the second and final reading of the
ordinance.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion passed 5 to 0.
COUNCIL ACTION - REGARDING THE APPOINTMENT(S) OR REAPPOINTMENT(S)
TO THE BOARD OF DIRECTORS OF TAX INCREMENT REINVESTMENT ZONE NO.2
Councilmember Seeger made the motion, seconded by Councilmember Beckman, to
appoint James McFeron to Position No. 5 and Sonny Corley to Position No. 6, to serve
on the Board of Directors of Tax Increment Reinvestment Zone No. 2.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
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Motion Passed 5 to 0.
026
COUNCIL ACTION - RESOLUTION NO. R99-99 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING
TIMES AND DATES FOR DECEMBER 1999, DUE TO THE HOLIDAY SEASON.
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R99-99.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - EXCUSE ABSENCE OF COUNCILMEMBER LARRY WILKINS
FROM THE REGULAR MEETING HELD ON NOVEMBER 8, 1999.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Berger, to excuse
the absence of Councilmember Larry Wilkins from the regular meeting held on November
8, 1999.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, and Seeger.
Voting "No" None.
Voting "Abstain" Councilmember Wilkins.
Motion Passed 4 to 0, with Councilmember Wilkins abstaining.
FIRST READING OF ORDINANCE NO. 509-377 - 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 23.69 ACRES OF LAND, OUT OF A
43.3143 ACRE TRACT, F.B. DRAKE SURVEY, A-1181, HARRIS COUNTY, TEXAS
(APPLICATION NO. 831) (2900 FELLOWS ROAD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE
REQUEST OF TURBO CARE, OWNER, PROVIDING FOR AN AMENDMENT OF THE
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027
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 Tetens, to
approve Ordinance No. 509-377 (Application No. 831) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve (Application No. 831).
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-378 - 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 10 ACRES, A.K.A.,
LOT 34, ALLISON-RICHEY GULF COAST HOME CO. SURVEY, A-304, RECORDED
IN VOLUME 2, PAGE 107, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 821)(MILLER RANCH ROAD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-3)
AT THE REQUEST OF JOHN TAYLOR, AGENT FOR THE RITSON MORRIS
CORPORATION, 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 Wilkins made the motion, seconded by Mayor Pro -Tem Berger to
approve Ordinance No. 509-378 (Application No. 821) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve (Application No. 821).
John Taylor, 2709 Lighthouse, addressed Council and gave a brief presentation
regarding this land use change, and the land use for the surrounding property. Mr. Taylor
further stated that the density, even with R-3 is 2.7 houses per acre, which is well below
R-1 requirements. It is completely surrounded by a wall, and will be a first class
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028.
subdivision. The average home prices will be at least $200,000. All of the lots have been
committed and sold to high quality homebuilders.
Councilmember Tetens stated that it sounds like Mr. Taylor is going to have a nice
subdivision, but without it being a planned unit development there is not any way to
regulate it. Councilmember Tetens further stated based on it not be a planned unit
development he will not be able to support this land use change.
Mayor Pro -Tem Berger stated that he is going to support this, because it is the highest
and best use of the land. He said he would like to encourage the Staff in the future, take
Councilmember Tetens advice. If we are going to have a picture or a plat of a subdivision,
and how nice it is going to be, ask the applicant to consider making it a planned unit
development.
Councilmember Beckman recommended that Staff review the Comprehensive Plan with
potential developers.
Voting "Aye" Councilmembers Beckman, Berger, Wilkins, and Seeger.
Voting "No" Councilmember Tetens.
Motion passed 4 to 1.
FIRST READING OF ORDINANCE NO. 509-383 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATION BEING LOT A, BLOCK 1, GARDEN ACRES,
SECTION 2, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 834) (BROADWAY
STREET BETWEEN LAZY BEND & GARDEN ROAD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT (SD) TO COMMERCIAL DISTRICT (C) AT THE
REQUEST OF DAVID S. MILLER, AGENT FOR BLUMENTHAL INVESTMENTS
PARTNERS, 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 Beckman, to
approve Ordinance No. 509-383 (Application No. 834) on its first reading.
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02.9
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve (Application No. 834).
Michael Cotter, 2549 Lazy Bend, addressed Council and stated he would like to have
stipulations added to this land use change. He further stated he does not want any type
of business entrance or exit onto Lazy Bend from these businesses that are fronting FM
518. He further stated that he would like to have a privacy fence along the northern
boundary of this property to isolate the business from the neighborhood.
Dave Miller, 3007 East Broadway, addressed Council and stated that he is representing
the owners of the property. He asked Council to approve this zoning to Commercial. Mr.
Miller reported the nature of the activity that is going to be on this property does require
Commercial Zoning, because of outside activity on the property. The proposed
businesses that will be on the Lazy Bend side would be an indoor outdoor restaurant, on
the other corner which is directly across from O'DAY's Hardware would be a general
business that would require outdoor storage during the daytime, and in the center it would
be a lube shop.
Director of Community Development and Services, Gene Tumlinson, stated that the City's
zoning would not be able to regulate either issue that Mr. Cotter asked about.
Deputy City Manager, Alan Mueller, stated there is a screening requirement when there
is a business against a residential area.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-379 - 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 2, MASUDA
SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 19, PAGES 37-
38, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO.
761) (7021 WEST CLIFF STONE ROAD) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE
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030
REQUEST OF ALF & KATHY SHATTO, 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. 509-380 - 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, A 1.0101 ACRE TRACT, AND
LOT 3, A 1.0101 ACRE TRACT, OF BETHEL SUBDIVISION, SECTION 2, OUT OF
LOTS 39, 40, 55 & 56, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION,
SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243, DEED RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 822) (1033 LEE ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-1) AT THE REQUEST OF TIMOTHY & DALE NGUYEN, 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. 509-381 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATION BEING A 1.0101 ACRE TRACT, KNOWN AS
LOT 4, BETHEL SUBDIVISION, SECTION 2, ALLISON-RICHEY GULF COAST HOME
CO. SUBDIVISION, SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243, BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 823) (LEE ROAD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1)
AT THE REQUEST OF WILLIAM & SANDRA BAILEY, 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. 509-382 - 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 9, BLOCK 1, HICKORY PLACE
Page 19 of 20 - 11/22/1999
03'
SUBDIVISION, H.T. & B.R.R. CO. SURVEY, A-310 (APPLICATION NO. 826) (BRYAN
COURT) FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF WILL YORK, OWNER,
PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; _
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE
AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 509-379, 509-380, 509-381, and 509-382 on their first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve (Application Nos. 761, 822, 823, & 826).
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion passed 5 to 0.
OTHER BUSINESS:
ADJOURNMENT
Meeting was adjourned at 9:46 p.m.
Minutes approved as submitted and/or corrected this the 13th dav of December 1999.
Tom Reid
Mayor
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