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1999-04-26 CITY COUNCIL REGULAR MEETING MINUTES074 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 26, 1999, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Tom Reid Mayor Pro -Tem Larry Wilkins Councilmember Helen Beckman Councilmember Richard Tetens Councilmember William Berger Councilmember Klaus Seeger City Manager Glen Erwin City Attorney Darrin Coker City Secretary Young Lorfing Others in attendance: Sr. Project Manager Alan Mueller; Police Chief J.C. Doyle; City Engineer John Hargrove, Grants Director Janet Berry; Planning and Development Director Dennis Smith; Parks & Recreation Director Ed Hersh; Public Works Director Jerry Burns; Assistant City Attorney Nghiem Doan;,Utility Accounts Supervisor Missy Miller; Purchasing Officer Gordon Island; Grants Coordinator Chris Kidwell; Chief Building Official Gene Tumlinson. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Mayor Pro -Tem Wilkins, and the Pledge of Allegiance was led by Councilmember Beckman. APPROVAL OF MINUTES Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to approve the minutes of the April 5, 1999, Joint Public Hearing held at 6:30 p.m., the minutes of the April 12, 1999, Joint Public Hearing held at 6:30 p.m., and the minutes of the April 12, 1999, Regular Council Meeting held at 7:30 p.m. Page 1 of 29 - 4/26/1999 075 Voting "Aye" Councilmembers Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Voting "Abstain" Councilmember Beckman. Motion Passed 4 to 0, with 1 abstention. MAYOR'S ACTIVITY REPORT: Mayor Reid introduced Betty Solanic. The winner of the "If I Were Mayor" contests that was sponsored by the City of Pearland. Mayor Reid presented her with a "Mayor's Essay Contest" certificate, a $50 Savings Bond from 1" Community Bank, and a gavel for her to use during her tenure as Mayor for a day. Mayor Reid also presented the second place winner Rachel Outlaw with a certificate and announced, that the third place winner was Emily Spurgeon. Mayor Reid and Mayor for a day, Betty Solanic presented a proclamation to Diane Fleming, Executive Director of Youth and Family Counseling, and Steve Friedman, Board Member proclaiming April as "Child Abuse Prevention Month." Perla Lehman, President of the Exchange Club, and other Exchange Club members, delivered Mayor Reid two Sir Care -A -Lot teddy bears that he had purchased. Exchange Club President Lehman, gave a short presentation regarding the teddy bear program which is a child abuse prevention project, through the Exchange Club. Mayor Reid reported that on April 13 he attended Legislative Testimony in Austin; on the April 14 he attended the Adult Reading Board Meeting; on April 15 he attended PEDC Broker Day, Gulf Coast Water Authority Board Meeting, and Candidate Night sponsored by the Republican Women/Brazoria County; April 16 he attended the Men Who Cook Chamber function; on April 17 he attended the Citizen Police Academy Monthly Meeting, and the Household Hazardous Waste pickup; on April 19 he attended the Clear Creek Regional Drainage Meeting; April 20 he attended the HGAC Board of Directors Meeting; April 21 he attended the Chamber Secretaries Day Luncheon; April 22 he attended the Page 2 of 29 - 4/26/1999 ground breaking for Spartan Insurance Company, and attended Emergency Management's Damage Assessment Meeting; April 23 he attended HGAC Transportation Policy Council Meeting, and the League of Women Voters Candidate Forum, and on April 26 he attended the Pearland/Alvin/Friendswood/Clear Lake Educational Forum COUNCIL'S ACTIVITY REPORTS: Councilmember Beckman reported that on April 14 she attended the Adult Reading Center Board Meeting; April 15 she attended Industrial Brokers Day and commended the PEDC and stated it was the best Brokers Day Event that she has attended; April 17 she attended the "Household Hazardous Materials Collection Day" and thanked everyone who volunteered, she reported that there were more than 600 cars that came through; She also attended "Environmental Day" at Sablatura Middle School; April 17 she attended B.C.C.A. Meeting in Manvel, and on April 23 she attended the League of Women Voters Candidate Night. Councilmember Tetens reported that he attended a meeting with the Drainage District and received update on the Corps' Project on Clear Creek. He stated the update was more of a "status quo." Mayor Pro -Tem Wilkins stated that he also attended the same meeting as Councilmember Tetens. Councilmember Berger and Seeger stated they did not have anything to add. CITY MANAGER'S REPORT: City Manager, Glen Erwin, reported on April 29, at 11:00 a.m. there will be a tour to view the progress on the library building. Mr. Erwin asked Grants Coordinator, Janet Berry to give an update on Pearland's quest for the "All American City's Award." Grants Director, Janet Berry, reported that Pearland has been named a finalist in the "All American City" competition. This is the third year the City has applied. She further reported that June 24-27, a delegation will go to Philadelphia, Pennsylvania and give a presentation Page 3 of 29 - 4/26/1999 677 to a jury of Civic Leaders, and on June 26 the winners will be announced. CITIZEN'S: None. Mayor Reid formally recessed the Regular Council meeting at 8:08 p.m. Mayor Reid formally opened the Docketed Public Hearing at 8:08 p.m. DOCKETED PUBLIC HEARINGS: ABANDONMENT OF UNUSED DEDICATED ROAD RIGHT-OF-WAY. CALL TO ORDER LEGAL DESCRIPTION Abandonment of unused dedicated road right-of-way, being approximately 0.7418 acres, located in the W.D.C. Hall League, Abstract 70, in Brazoria County, Texas, and being a portion called Dixie Farm Road that lies between Greenwood and McGinnis Subdivision. STAFF REVIEW OF ABANDONMENT OF UNUSED ROAD RIGHT-OF-WAY City Attorney, Darrin Coker, presented the location of the proposed right-of-way to be abandoned which is on Dixie Farm Road, where it curves by Willets Drive. If the abandonment is approved, the property will revert to the owners. Mr. Coker further stated there are no utility or drainage easements, and it is staffs recommendation to proceed with the abandonment of this property. CITIZEN COMMENTS None. COUNCIUSTAFF DISCUSSION None. Page 4 of 29 - 4/26/1999 078 ADJOURNMENT OF DOCKETED PUBLIC HEARING Docketed Public Hearing was adjourned at 8:14 p.m. Council returned to its Regular Meeting at 8:15 p.m. CONSENT AGENDA: SECOND AND FINAL READING OF ORDINANCE NO. 899 - AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDEALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (53.6 ACRES WEST OF FM 1128 AT MARY'S CREEK) AT THE REQUEST OF MIKE ZIGAL AND JAY RICE, OWNERS; 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. SECOND AND FINAL READING ORDINANCE NO. 181- 6 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 12, GARBAGEAND TRASH, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO PROHIBIT THE USE OF TRASH CANS AND OTHER NON -DISPOSABLE RECEPTACLES WITHIN THE CITY; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. SECOND AND FINAL READING OF ORDINANCE NO. 509-298 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY BEING 35.0 ACRES IN THE T.J. GREEN & T.D. YOCUM SURVEY, & 9.8895 ACRES OUT OF THE W.J. DISSEN 47.79 ACRE TRACT, ACCORDING TO THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS Page 5 of 29 - 4/26/1999 079 (APPLICATION NO. 641) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-2) AND GENERAL BUSINESS (GB) TO SINGLE FAMILY DWELLING DISTRICT (R-2) AT THE REQUEST OF FROST 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. SECOND AND FINAL READING OF ORDINANCE NO. 509-301 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED IN THE CITY LIMITS OF THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS(APPLICATION NO'S. 481, 568, 572, 580, 609, 610, 623, & 696) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF THE OWNERS OF SUCH REAL PROPERTY, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Councilmember Beckman made the motion, seconded by Councilmember Tetens, to approve Ordinance Nos. 899, 181-6, 509-298, and 509-301 on their second and final reading. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS: COUNCIL ACTION - RESOLUTION NO. R99-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL AGREEMENT WITH BRAZORIA COUNTY PERMITTING Page 6 of 29 - 4/26/1999 080 THE COUNTY TO FURNISH A HERBICIDE SPRAY TRUCK WITH OPERATOR TO THE CITY OF PEARLAND FOR TWO WEEK PERIODS IN APRIL, MAY, AND JULY OF 1999, TO SPRAY STREET RIGHTS-OF-WAY IN THE CITY. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to approve Resolution No. R99-39. Parks and Recreation Director, Ed Hersh, reported this is the third year the City has participated with Brazoria County to spray the right-of-ways. The City will pay for the chemicals, provide an employee to assist with the spraying, and the County will provide the equipment and operator. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R99-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT WITH THE COUNCIL ON SUBSTANCE ABUSE OF SOUTHEAST TEXAS FOR COUNSELING SERVICES ASSOCIATED WITH THE PEARLAND UNDERAGE DRINKING PROJECT. Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Tetens, to approve Resolution No. R99-38. Grants Coordinator, Chris Kidwell, explained this is a component of the grant from the Governor's Office, Criminal Justice Division, to combat underage drinking in Pearland. It is funded completely by the state. The City advertised for these services, and received two bids. It is the recommendation of the committee to award the bid to Substance Abuse of Texas. They will be able to provide a full-time staff member to the program that will be a licensed chemical dependency counselor, and they have an office in Pearland. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Page 7 of 29 - 4/26/1999 Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R99-35 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE CITY'S PARTICIPATION IN THE GALVESTON COUNTY NARCOTICS TASK FORCE; AUTHORIZING THE MAYOR OR HIS DESIGNEE TO EXECUTE DOCUMENTS NECESSARY TO FACILITATE GALVESTON COUNTY'S GRANT APPLICATION TO THE CRIMINAL JUSTICE DIVISION OF THE GOVERNOR'S OFFICE; AND SETTING FORTH OTHER PROVISIONS RELATED THERETO. Councilmember Berger made the motion, seconded by Councilmember Tetens, to approve Resolution No. R99-35. Police Chief, J.C. Doyle, reported this is the second year for the task force to apply for a grant. The adoption of this resolution shows the City's support and desire to participate in the program. Chief Doyle further reported on the success of the task force. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 900 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING INTENTION TO REIMBURSE PROJECT EXPENDITURES; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. Councilmember Seeger made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 900 on its first reading. Sr. Project Manager, Alan Mueller, stated that this ordinance does not create an obligation to the City to issue bonds. It declares the City's intent that if the bonds are issued, the City Page 8 of 29 - 4/26/1999 082 can use the proceeds to reimburse ourselves for related expenses that the City is incurring now related to certain capital improvement projects. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R99-34 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING THE CITY OF PEARLAND'S CONTRACT WITH THE TEXAS CRIMINAL JUSTICE DIVISION FOR THE PEARLAND UNDERAGE DRINKING PROJECT. Councilmember Beckman made the motion, seconded by Councilmember Tetens, to approve Resolution No. R99-34. Grants Coordinator, Chris Kidwell, stated that this is in support of the grant that we have already received, and this resolution changes some of the language as requested by the Criminal Justice Division. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R99-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AN EXTENSION OF THE CITY'S LEASE WITH THE PEARLAND/HOBBY AREA CHAMBER OF COMMERCE. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to approve Resolution No. R99-40. Page 9 of 29 - 4/26/1999 US City Attorney, Darrin Coker, stated this is an extension of the current contract that the Chamber has with the City. Mr. Coker also stated that the Chamber is considering a possible relocation in the future, and with proper notice they will be able to terminate this contract. The Chamber pays the lease up front, therefore, they will have met the requirements of the lease. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R99-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE REGULAR MEETING TIMES AND DATES FOR MAY 1999. Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Beckman, to approve Resolution No. R99-33 changing the Regular Meeting time to 7:00 p.m. on May 10, 1999, and the second Regular Meeting to be held on May 10, 1999 at 7:30. Voting "Aye" Councilmembers Beckman, Tetens; Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R99-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AMENDMENTS TO THE CORPORATE BYLAWS OF THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION. Councilmember Berger made the motion, seconded by Mayor Pro -Tem Wilkins, to approve Resolution No. R99-36. Larry Marcott, 3606 Inverness, addressed Council and stated he has a concern about Page 10 of 29 - 4/26/1999 OP debriefings, and they should be conducted quarterly, is a very important part of economic development. He further stated that he does not recall any briefings in the past by the Economic Development Corporation. Councilmember Berger stated that he would like to keep the by laws where a member of Council could serve on the board, and would like to see Section 4.06 clarified regarding the hiring of the Executive Director to refer to the City Charter, which will require ratification of the City Council. Mayor Reid stated that he personally does not think a Councilmember should serve on the PEDC Board. However, he does not want to bind future Council to that, because of his personal feelings. Councilmember Beckman stated that she would like to see the PEDC Board have a little bit of autonomy by not having duplication of members with Councilmembers, and would like to approve the by laws as presented. Councilmember Tetens stated the by laws can always be amended again. There was additional discussion among Council regarding the by laws. Councilmember Berger stated he would like to amend the motion to have clarification of Section 4.06, and Section 3.03 regarding the Council serving is not important enough to change, and revise Section 3.02 (d) briefings, he recommends quarterly briefings. Mr. Erwin reported that the previous City Manager requested that the briefings be done in writing, therefore, the briefings were not presented in a meeting. Councilmember Beckman stated that there may not always be a need, only when there is something specific to report. Mr. Erwin stated that anytime something special comes up it will be presented to Council. Councilmember Beckman said that the quarterly newsletter gives an update of the PEDC Activity. Councilmember Berger stated that what he hears also is that everybody is satisfied with Page 11 of 29 - 4/26/1999 085 how the by laws are. Mayor Reid stated that this is what he is hearing from the Council. Councilmember Beckman said that there should be briefings, however, she is concerned that we are restricting the PEDC to schedule briefings that may not be necessary. Mayor Reid stated that this should be part of the City Manager's report. City Manager, Glen Erwin, stated that it could be done under the City Manager's report, however, it should be done by the Executive Director. Mayor Reid stated that there is a motion and a second on the floor to approve the package as presented, and there is not a second to amend the original motion. Mayor Reid asked if there are any other comments from the Council? There were no additional comments from the Council. Mayor Reid called for the vote on Resolution R-99-36. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R99-41 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL COOPERATIVE PRICING ARRANGEMENT WITH THE HOUSTON-GALVESTON AREA COUNCIL (HGAC) FOR THE PURCHASE OF MOTOROLA HANDHELD RADIOS. Councilmember Seeger made the motion, seconded by Councilmember Berger, to approve Resolution No. R99-41. Page 12 of 29 - 4/26/1999 QR6 Purchasing Officer, Gordon Island, addressed Council and stated that the request is to purchase Motorola mobile and hand-held radios. Staff recommends award of Motorola radios based on contract pricing from the Houston Galveston Area Council (HGAC) contract in the amount of $38,777.25. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 224-12 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 7, BUILDING, OF THE CITY OF PEARLAND CODE OF ORDINANCES (ORDINANCE NO. 224), AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO ADOPT THE TEXAS DEPARTMENT OF INSURANCE'S WINDSTORM RESISTANT CONSTRUCTION GUIDE AS A SUPPLEMENT TO THE BUILDING CODE; 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 Beckman made the motion, seconded by Councilmember Tetens to approve Ordinance No. 224-12 on its first reading. Chief Building Official, Gene Tumlinson, gave an overview of windstorm resistant construction, and how the structures are inspected to insure that they are in compliance. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - COUNCIL ACCEPTANCE OF ASHTON PARK SECTION TWO SUBDIVISION. Page 13 of 29 - 4/26/1999 087 Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to accept Ashton Park Section Two Subdivision. City Engineer, John Hargrove, addressed Council and stated that this is the second portion of the subdivision off of McLean and Fite Road. It consist of 35 lots and is 7/10 of an acre. All of the requirements have been completed. Mr. Hargrove recommended its acceptance. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - REAPPOINT DAVID BECKMAN AND JANET BERRYAS REGULAR MEMBERS FOR A TWO-YEAR TERM, APPOINT DELORES FENWICK AS A REGULAR MEMBER FOR A ONE-YEAR TERM, REAPPOINT LARRY MULLINS AS AN ALTERNATE MEMBER FOR ATWO-YEAR TERM AND RE -APPOINTMENT OF PAULA SCARDINO AS AN ALTERNATE MEMBER FOR A ONE-YEAR TERM TO SERVE ON THE CHANNEL REVIEW BOARD. Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Tetens, to reappoint David Beckman and Janet Berry as regular members for a two-year term, appoint Delores Fenwick as regular member for a one year term, Larry Mullins as an alternative for a two-year term, and Paula Scardino for a one year term for the Channel Review Board. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R99-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING AMENDMENTS TO THE PEARLAND CITY VIEW GUIDELINES. Page 14 of 29 - 4/26/1999 ROP Councilmember Berger made the motion, seconded by Mayor Pro -Tem Wilkins, to approve Resolution No. R99-37. Grants Director, Janet Berry, stated there are a few minor modifications to the guidelines, and to refer to them a "City View Guidelines" and drop the "40" in the event that the cable company changes the channel number of the "City View" channel. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - EXCUSE ABSENCE OF COUNCILMEMBER HELEN BECKMAN FROM THE REGULAR MEETING HELD ON APRIL 12, 1999. Councilmember Seeger made the motion, seconded by Councilmember Berger, to excuse the absence of Councilmember Helen Beckman from the regular meeting held on April 12, 1999. Voting "Aye" Councilmembers Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Voting "Abstain" Councilmember Beckman. Motion passed 4 to 0, with 1 abstention. MOTION TO REMOVE FROM THE TABLE, COUNCIL ACTION - FIRST READING OF ORDINANCE NO. 509-295. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Wilkins, to remove Ordinance No. 509-295 from the table. Voting "Aye" Seeger, Berger, Wilkins, Tetens, and Beckman. Page 15 of 29 - 4/26/1999 C�'89 Voting "No" None. Motion passed 5 to 0. FIRST READING OF ORDINANCE NO. 509.295 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY BEING 2.4988 ACRES OUT OF LOT 13, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 7, H.T. & B.R.R. CO. SURVEY, A- 219, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 661) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL DISTRICT (M-2) ATTHE REQUEST OF WEIMAR CONSTRUCTION COMPANY, 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. 509-295 (Application No. 661) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 661. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. MOTION TO REMOVE FROM THE TABLE, COUNCIL ACTION - FIRST READING OF ORDINANCE NO. 509-296. Councilmember Tetens made the motion, seconded by Councilmember Beckman, to remove Ordinance No. 509-296 from the table. Page 16 of 29 - 4/26/1999 090 Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-296 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY BEING 0.0505 ACRES OUT OF A 10 -ACRE TRACT IN THE SOUTH % OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE G.C. SMITH SURVEY, SECTION 16, A-546, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 315) FROM THE CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF KEITH SANDERS, 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 Mayor Pro -Tem Wilkins, to deny Ordinance No. 509-296 (Application No. 315) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 315. Councilmember Berger stated this is the application that M -1's are near residential homes, and he will not be supporting it. Councilmember Tetens asked if this is an existing business at this time? Planning Development Director, Dennis Smith, stated this is an existing septic tank business, and it is in a residential area. Mayor Pro -Tem Wilkins stated he concurs with Councilmember Berger, and M-1 is too liberal of zoning, and will be voting against it. Page 17 of 29 - 4/26/1999 Ur i Planning and Development Director, Dennis Smith, stated the property is "grandfathered." Voting "Aye" None. Voting "No" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Motion Failed 5 to 0. COUNCIL ACTION - FIRST READING OF ORDINANCE NO. 509-297. Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Tetens, to remove Ordinance No. 509-297 from the table. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-297 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY BEING 2.0 ACRES, MORE OR LESS, OUT OF THE H.T. & B.R.R. CO. SURVEY, A-546, A.K.A TRACT 7131, ACCORDING TO THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 575)(15910 HARKEY ROAD) FROM THE CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF CHARLES R. UPSHAW & PAUL MULCAHEY, 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 Wilkins made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-297 (Application No. 575) on its first reading. Page 18 of 29 - 4/26/1999 092 Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 575. Councilmember Berger stated this ordinance is different. It is surrounded by other Light Industrial (M -1's). Voting "Aye" Councilmembers Seeger, Berger, Wilkins, and Beckman. Voting "No" Councilmember Tetens. Motion Passed 4 to 1. MOTION TO REMOVE FROM THE TABLE, COUNCIL ACTION - FIRST READING OF ORDINANCE NO. 509-299. Councilmember Berger made the motion, seconded by Mayor Pro -Tem Wilkins, to remove Ordinance No. 509-299 from the table. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-299 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY BEING LOT 2A, SHARONDALE SUBDIVISION, H.T. & B.R.R. CO. SURVEY, A-546, BEING APPROXIMATELY 0.533 ACRES, AS RECORDED IN THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 589) (16230 HARKEY) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT(SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF JOHN L. COLE, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER Page 19 of 29 - 4/26/1999 993 PROVISIONS RELATED TO THE SUBJECT. Councilmember Berger made the motion, seconded by Mayor Pro -Tem Wilkins, to approve Ordinance No. 509-299 (Application No. 589) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 589. Councilmember Berger stated this is similar to the previous M-1 ordinance. It is also in a residential area. He further stated that the business is "grandfathered" regardless of the action that Council takes. Mayor Pro -Tem Wilkins stated he has concern, because the map does not show the land use zoning in that area, and is also concerned about this being next to a residential area. Voting "Aye" None. Voting "No" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Motion Failed 5 to 0. MOTION TO REMOVE FROM THE TABLE, COUNCIL ACTION - FIRST READING OF ORDINANCE NO. 509-300. Councilmember Seeger made the motion, seconded by Councilmember Berger, to remove Ordinance No. 509-300 from the table. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-300 - 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 Page 20 of 29 - 4/26/1999 -''4 094 PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY BEING 4.89 ACRES OUT OF TRACT 16A, H.T. & B.R.R. CO. SURVEY, A-234, ACCORDING TO THE PLAT RECORDS OF BRAZORIA COUNTY, - TEXAS (APPLICATION NO. 588) (13445 MAX ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO MOBILE HOME PARK DISTRICT (MH) AT THE REQUEST OF JOHN L. 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. Councilmember Seeger made the motion, seconded by Councilmember Berger, to approve Ordinance No. 509-300 (Application No. 588) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 588. Planning and Development Director, Dennis Smith, stated this is an existing mobile home park on Max Road that has eight or ten pads for mobile homes. The mobile home park is "grandfathered" and without approval of this ordinance, they would not be able to expand. Voting "Aye" Councilmembers Seeger, Berger, and Beckman. Voting "No" Councilmembers Tetens and Wilkins. Motion Passed 3 to 2. FIRST READING OF ORDINANCE NO. 509-302 - 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 11.7401 ACRE TRACT OUT OF LOTS 49 & 50, ALISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 85, H.T. & B.R.R. CO SURVEY, A-304, PLAT RECORDS OF BRAZORIA COUNTY, TX (APPLICATION NO. 696) (CORNER OF FM 518 & CR 93) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT Page 21 of 29 - 4/26/1999 095 THE REQUEST OF HANNOVER ESTATES, LTD., 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 Tetens, to approve Ordinance No. 509-302 (Application No. 695) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 695. Planning Development Director, Dennis Smith, stated the developer has requested that this property be considered as a General Business District (GB) rather than Commercial District (C). Mr. Smith further stated General Business (GB) is a more restrictive zone classification and is allowed to be changed by state law. This ordinance will be changed to reflect GB zoning on its second and final reading. Ken CAFFEY, 1013 North Amy, addressed Council and stated that he works for the developer and confirmed that the land use change is at their request. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-303 - 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 OUT OF 136.955 ACRES, AKA DISSEN TRACT, RECORDED IN VOLUME 505, PAGE 86, DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 753) (NORTHEAST CORNER OF FM 518 & PEARLAND PARKWAY) FROM THE CLASSIFICATION OF SINGLE FAMILY DWELLING DISTRICT (R-3) & GENERAL BUSINESS DISTRICT (GB) Page 22 of 29 - 4/26/1999 KVA TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF ML 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. Councilmember Tetens made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 509-303 (Application No. 753) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 753. Councilmember Tetens stated this should be a Genera Business District (GB), and it is our fault, not the developer, for not doing something about it. Planning and Development Director, Dennis Smith has requested commercial zoning because from time to time they will have outside storage. There was additional discussion among Council regarding the use of a specific use permit Planning and Development Director, Dennis Smith stated he would check with the client and see if they would consider going with another zoning, and he will report back to Council by the second reading. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-304 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY BEING 4.9678 ACRES, THE SOUTH ''Y2 OF 9.9319 ACRES, LOOT 29, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 9, H.T. & B.R.R. CO. SURVEY, A-234, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS Page 23 of 29 - 4/26/1999 097 (APPLICATION NO. 559) (14535 MAX ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF LOYE W. & MARY S. YOUNG, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATEAND OTHER PROVISIONS RELATED TO THE SUBJECT. Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-304 (Application No. 559) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 559. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-305 - 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 GRANTING A SPECIFIC USE PERMIT FOR A RESIDENTIAL HOME IN A GENERAL BUSINESS DISTRICT (GB) ON THE FOLLOWING PROPERTY, TO -WIT: BEING 4.7678 ACRES, THE SOUTH 1/2 OF 9.9319 ACRES, LOT 29, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 9, H.T. & B.R.R. CO. SURVEY, A-234, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (SPECIFIC USE PERMIT NO. 68) (14535 MAX ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO GENERAL BUSINESS DISTRICT (GB) WITH A SPECIFIC USE (S) AT THE REQUEST OF LOYE W. & MARY S. YOUNG, 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 Berger made the motion, seconded by Mayor Pro -Tem Wilkins, to Page 24 of 29 - 4/26/1999 approve Ordinance No. 509-305 (Specific Use Permit No. 68) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Specific Use Permit No. 68. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-306 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY BEING APPROXIMATELY 48.17 ACRES, W.L. DOBSON SURVEY, A-187, THE SOUTHWESTCORNER OF THE W.L. DOBSON TRACT, VOLUME 36, ACCORDING TO THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 675) (CULLEN BLVD. & WEST STONE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF ALICE ALMOKARY & JACK N. NAHAS, INDIVIDUAL CO. EXECUTORS FORTHE ESTATE OF PRINCESS ROSE MARIE BAGNOLI, 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 Berger, to deny Ordinance No. 509-306 (Application No. 675) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 675. Councilmember Seeger asked what surrounds this property? Planning and Development Director, Dennis Smith, reported there are a couple of Page 25 of 29 - 4/26/1999 residence that are on large tracts of land, further south on Cullen, Crystal Lakes is on the west, there is a large cemetery on both sides of the road, and also some various businesses. Mr. Smith stated that the trend seems to be for General Business along this road way. Councilmember Tetens stated he did not know if that was the highest and best use for 48 acres. Planning and Development Director, Dennis Smith, stated the Planning and Zoning Commission considered this request for a long time also, because they did not know if it was the highest and best use either. Voting "Aye" Councilmembers Beckman, Berger. Voting "No" Councilmembers Seeger, Tetens, and Wilkins. Motion Failed 3 to 2. FIRST READING OF ORDINANCE NO. 509-307 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED IN THE CITY LIMITS OF THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS(APPLICATION NO'S. 513, 632, 634, 635, 640, 647, 650, 663, 664, 678, 681, & 686) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF THE OWNERS OF SUCH REAL PROPERTY, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Councilmember Beckman made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-307 (Application No. 513, 632, 634, 635, 640, 647, 650, 663, 664, 678, 681, & 686) on its first reading. Page 26 of 29 - 4/26/1999 100 Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application Nos. 513, 632, 634, 635, 640, 647, 650, 663, 664, 678, 681, & 686. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-308 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY BEING 53.5725 ACRES OUT OF THE NORTH ''Y2 OF THE NORTHEAST 1/4, H.T. & B.R.R. CO. SURVEY, SECTION 18, A-547, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 586) FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT THE REQUEST OF AMVEST PROPERTIES, INC., OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATEAND OTHER PROVISIONS RELATED TO THE SUBJECT. Passed to a future agenda, no Council action taken. FIRST READING OF ORDINANCE NO. 509-309 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED IN THE CITY LIMITS OF THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS(APPLICATION NO'S. 607, 608, 656, 657, 659, 668, 671, 646, 649) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF THE OWNERS OF SUCH REAL PROPERTY, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE Page 27 of 29 - 4/26/1999 fol SUBJECT. Councilmember Tetens made the motion, seconded by Mayor Pro -tem Wilkins, to approve Ordinance No. 509-309 (Application Nos. 607, 608, 656, 657, 659, 668, 671, 646, & 649) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 607, 608, 656, 657, 659, 668, 671, 646, & 649. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-310 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY BEING APPROXIMATELY 11.4 ACRES IN THE H.T. & B.R.R. CO. SURVEY, A-219, A PORTION OF LOTS 15, 16, 31, & 32, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, VOLUME 2, PAGE 23, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 674) (NORTHEAST CORNER OF FM 518 & CULLEN) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF FM 518 @ CULLEN PROPERTY 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. Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-310 (Application No. 674) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 674. Page 28 of 29 - 4/26/1999 Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. ., Boz Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: ADJOURNMENT Meeting was adjourned at 9:55p.m. Minutes approved as submitted and/or corrected this i nr.h the day of A.D. May 1999. Tom Reid ATTEST: Mayor Page 29 of 29 - 4/26/1999