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1997-07-28 CITY COUNCIL REGULAR MEETING MINUTES12 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JULY 28, 1997, 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 Helen Beckman Larry Wilkins William Berger Richard Tetens Kevin Cole Paul Grohman Amy McCullough Young Lorfing Others in attendance: Executive Director P.E.D. Mueller; Police Chief Mike Hogg; City Engineer Berry; Planning and Community Development Finance, David Castillo. INVOCATION AND PLEDGE OF ALLEGIANCE C. Glen Erwin; Project Coordinator Alan John Hargrove; Grants Director Janet Director Dennis Smith; and Director of The Invocation was given by City Manager, Paul Grohman and the Pledge of Allegiance was led by City Attorney, Amy McCullough. . APPROVAL OF MINUTES Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Cole to approve the minutes of the Public Hearing at 6:30 p.m.; the Public Hearing at 7:30 p.m. held on July 7, 1997; and the Joint Public Hearing at 6:30 p.m., the Public Hearing at 7:00 p.m. and the Regular Council Meeting at 7:30 p.m. held on July 14,1997. Voting "Aye" Councilmembers Cole, Berger, Beckman, and Wilkins. Voting "No" None. Voting "Abstain" Councilmember Tetens. Page 1 of 12 - 7/28 pf, i Motion Passed 4 to 0 with 1 abstention. MAYOR'S REPORT Mayor Reid dispensed with the activity reports, due to the size of the meeting. CITY MANAGERS REPORT City Manager, Paul Grohman suspended his report allowing for a Legislative Update presentation by the Honorable Dennis Bonnen, State Representative - District 17. CITIZENS: None on this part of the agenda Mayor Reid, with the consensus of the City Council, moved the following new business item to the beginning of the agenda. COUNCIL'S ACTION - AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE THE FOLLOWING ACTIONS WITH REGARD TO THE POSSIBLE ACQUISITION OF CLOVER FIELD: (A)IMPLEMENT PHASE II OF THE ENVIRONMENTAL ASSESSMENT, (B)CONDUCTAPPRAISALS, (C)SUBMIT A GRANT APPLICATION AND A LAND USE ASSURANCE LETTER TO THE FEDERAL AVIATION ADMINISTRATION, AND (D) SUBMIT A LETTER OF INTENT TO THE TEXAS DEPARTMENT OF TRANSPORTATION DIVISION OF AVIATION. Councilmember rCo14 made ttie ot&,, seconded by Mayor Pro -Tem Beckman to authorize the City Manager or"his designee to take the following actions with regard to the possible acquisition of Clover .Field: (A) Implement Phase II of the Environmental Assessment, (B) Conduct Appraisals, (C) Submit a Grant Application and Land Use Assurance letter to the Federal Aviation Administration, and (D) submit a letter of intent to the Texas Department of Transportation Division of Aviation. The following individuals addressed Council and are opposed to the acquisition of Clover Field Airport; Charles McMurrey, 5209 Spring Branch Drive; Richard Ellis, 1809 Oak Lake Circle; George A. Phillips, 2227 CR 391; Patrice LaRae Smith, 1812 Oak Gate Circle; Charles Goldstein, 4001 Longherridge; Joseph Zvanut, 2905 Yorkshire; John Lampson, 3918 Oak Dale Drive; W.R. Pledger, 2535 County Road 391; Mike Leaverton, 2310 Buckholt; Page 2 of 12 - 7/28 Dianne Robin, 3505 Buckholt; Klaus Seeger, 3505 Buckholt; Diane Leaverton, 2310 Buckholt; Andrew Komarchuk, 18120 County Road 127; Leo Chmielowiec, 3206 Patricia Lane; Suzanne Felix, 1108 Gulfton Drive; Burch Estes 1809 Oak Fork Circle; and Michelle Bullock, 904 Penny Wayne Lane. Len DePrang, 2510 Colleen, addressed Council expressing his concern about the debate on this issue. The following individuals addressed Council and are in support of the acquisition of Clover Field Airport; Maybelle Fletcher, 5867 Braesheather; Hazel Holliday, 17410 CR127; Roy Hoefak, 3512 East Broadway; Dianne Beirve, 725 FM 1959; J.L. Cavallena, 14304 Misty Meadow; Doug Proff, 2208 Country Club; Tom Everett, 3501 Liberty Drive; David Vaughan, 110 Century Drive; Al Johnson, 2316 Fairway Circle; Rikki Elliott, 1815 CR130; Mike Elliott, 1815 CR130; Ed Myers, 906 Boundary Court; Lewis R. Fisher, 344 Saint Cloud Drive; Gary L. Evans, 3855 W. Wisteria Circle; Drew Coats, 7603 Andiron Circle; Shelly Lesikar, 18000 Groschke Road; Joe R. Tennison, 1631 County Road 130; and Gus Rodriguez; 1806 Oak Tree Circle. Councilmember Berger stated that he did not want to spend anymore City funds on this issue. Mayor Pro -Tem Beckman stated that she would like to have more information before making her decision. Councilmember Cole stated he also wanted to gather more information, and made the motion seconded by Mayor Pro -Tem Beckman to table this issue until the second meeting in August. Voting "Aye" Councilmembers Cole and Beckman. Voting "No" Councilmember Berger, Tetens, and Wilkins. Motion Failed 3 to 2 Councilmember Tetens stated that it seemed the majority of the residents do not want the airport, therefore he could not support the issue. Councilmember Wilkins stated he concurred with Councilmember Tetens and would not support the issue. Page 3 of 12 - 7/28 Mayor Reid called for a vote on the original motion. Voting "Aye" Councilmembers Cole and Beckman. Voting "No" Councilmember Berger, Tetens, and Wilkins. Motion Failed 3 to 2 Mayor Reid, with the consensus of the City Council, also moved the following new business item to the beginning of the agenda. RESOLUTION NO. R97- 44 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION IN A PRINCIPAL AMOUNT NOT TO EXCEED $5,500,000.00 FOR THE ACQUISITION, CONSTRUCTION, AND IMPROVEMENT OF CERTAIN PUBLIC WORKS, AUTHORIZING DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT RELATING TO SUCH CERTIFICATES AND AUTHORIZING CERTAIN OTHER MATTERS RELATING THERETO. Councilmember Cole made the motion, seconded by Councilmember Wilkins to approve Resolution No. R97-44. .--- City Manager, Paul Grohman, gave a presentation to Council regarding the operating, revenue and debt service and gave an update on the Capital Projects status. Rick Witte, Bond Counsel, Mayor, Day, Caldwell & Keeton, L.L.P, addressed -Council regarding Resolution No. R97-44 and the issuance of the Certificates of Obligations. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. UNFINISHED BUSINESS: SECOND AND FINAL READING OF ORDINANCE NO. 805 - 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. R96-12; DESIGNATING AND DESCRIBING A REINVESTMENT ZONE (TO BE KNOWN AS REINVESTMENT ZONE #3), IN Page 4 of 12 - 7/28 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 Tetens made the motion, seconded by Councilmember Wilkins to approve Ordinance No. 805 on its second and final reading. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion passed 5 to 0. SECOND AND FINAL READING OF ORDINANCE NO. 790-1- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 22, PEDDLERS, OF THE CITY OF PEARLAND CODE OF ORDINANCES (ORDINANCE NO. 790) TO CLARIFY TERMINOLOGY, AUTHORIZE THE CITY SECRETARY TO DELEGATE AUTHORITY FOR ADMINISTRATIVE DUTIES HEREUNDER, AND ADDRESS OTHER ISSUES RELATED TO THE SUBJECT; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, A SEVERA- BILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Councilmember Wilkins made the motion, seconded by Councilmember Tetens to approve Ordinance No. 790-1 on its second and final reading. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. SECOND AND FINAL READING OF ORDINANCE NO. 509-154 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING Page 5 of 12 - 7/28 17 THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED IN GARDEN ACRES SUBDIVISION, BEING THE H.C. JOHNSTON 99 ACRE TRACT, ALSO BEING THE SOUTH 99 ACRES OF SECTION 7 OF THE H.T. & B.R.R. COMPANY SURVEY, A-219, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 139-150,152- 162,195,204,205,209 &210) 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 Cole made the motion, seconded by Mayor Pro -Tem Beckman to approve Ordinance No. 509-154 (Application Nos. 139-150, 152-162, 195,204,205,209 & 210) on its second and final reading. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion passed 5 to 0. NEW BUSINESS: COUNCIL ACTION - EXCUSE ABSENCE OF COUNCILMEMBER RICHARD TETENS FROM THE REGULAR MEETING HELD ON JULY 14, 1997. Councilmember Wilkins made the motion, seconded by Councilmember Cole to excuse the absence of Councilmember Richard Tetens from the Regular Meeting held on July 14, 1997. Voting "Aye" Councilmembers Wilkins, Beckman, Berger, and Wilkins. Voting "No" None. Voting "Abstain" Councilmember Tetens. Motion passed 4 to 0 with 1 abstention. RESOLUTION NO. R97-43 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT WITH SOUTHWYCK SECTION THREE Page 6 of 12 - 7/28 U9 LTD., A TEXAS GENERAL PARTNERSHIP, FOR THE CONSTRUCTION OF TWO LANES OF SOUTHFORK DRIVE ALONG THE SOUTHERN BOUNDARY OF SOUTHWYCK SECTION 3 PHASE 4. Mayor Reid, with the consensus of the City Council, passed this item to a future agenda. RESOLUTION NO. R97-42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A TAX ABATEMENT AGREEMENT WITH THIRD COAST PACKAGING, INC. ("THIRD COAST") FOR PURPOSES OF ABATING THE INCREASED VALUE OF THE PROPERTY OWNED BY THIRD COAST NEAR MYKAWA ROAD WITHIN THE CITY LIMITS OF PEARLAND AT A RATE OF SEVENTY-FIVE PERCENT (75%) FOR A PERIOD OF THREE (3) YEARS BEGINNING JANUARY 1, 1998, AND ENDING DECEMBER 31, 2000, AND AT A RATE OF FIFTY PERCENT (50%) ANNUALLY FOR A PERIOD OF TWO (2) YEARS BEGINNING JANUARY 1, 2001, AND ENDING DECEMBER 31, 2002; FINDING AND DETERMINING THAT TERMS OF SAID AGREEMENT AND PROPERTY SUBJECT TO THE AGREEMENT MEET THE REQUIREMENTS OF CHAPTER 312 OF THE TAX CODE, V.A.T.S. AS AMENDED, ORDINANCE NO. 805, WHICH ESTABLISHED REINVESTMENT ZONE #3, AND THE GUIDELINES AND CRITERIA FOR GOVERNING REINVESTMENT ZONES AND TAX ABATEMENT AGREEMENTS SET FORTH IN RESOLUTION NO. R96-12. Councilmember Berger made the motion, seconded by Councilmember Cole to approve Resolution No. R97-42. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion passed 5 to 0. FIRST READING OF ORDINANCE NO. 806 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REVISING THE CAPITAL IMPROVEMENTS PLAN FOR THE CITY OF PEARLAND; UPDATING IMPACT FEES IN ACCORDANCE WITH STATE LAW; MAKING CERTAIN FINDINGS; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION AND AN EFFECTIVE DATE. Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Cole to approve Ordinance No. 806 on its first reading. Page 7 of 12 - 7/28 IBJ Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion passed 5 to 0. City Attorney Amy McCullough informed Council that Ordinance No. 807, Ordinance No. 808 and Ordinance No. 809 could be acted upon together. FIRST AND ONLY READING OF ORDINANCE NO. 807 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING A NO - PASSING ZONE PURSUANT TO SECTION 545.055 OF THE TRANSPORTATION CODE, UPON SUNSET MEADOWS DRIVE BETWEEN BROADWAY STREET AND WOODCHASE DRIVE, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION, AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH A NO -PASSING ZONE INURES TO THE BENEFITS OF THE TRAVELLING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. FIRST AND ONLY READING OF ORDINANCE NO. 808 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING PRIMA FACIE SPEED LIMITS PURSUANT TO THE TRANSPORTATION CODE, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON SCHLEIDER DRIVE, PLUM STREET, AND BARRY ROSE ROAD, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, ON SCHOOL DAYS, WITHIN DESIGNATED TIMES; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH MAXIMUM SPEED LIMITS INURES TO THE BENEFIT OF THE TRAVELLING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. FIRST AND ONLY READING OF ORDINANCE NO. 809 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING PRIMA FACIE SPEED LIMITS PURSUANT TO THE TRANSPORTATION CODE, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON MAIN STREET (STATE HIGHWAY 35), OILER DRIVE, AND PEARLAND PARKWAY, OR PARTS THEREOF, Page 8 of 12 - 7/28 WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, ON SCHOOL DAYS, WITHIN DESIGNATED TIMES; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH MAXIMUM SPEED LIMITS INURES TO THE BENEFIT OF THE TRAVELLING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Councilmember Tetens made the motion, seconded by Councilmember Wilkins to approve Ordinance No. 807, Ordinance No. 808 and Ordinance No. 809 on their first and only reading. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion passed 5 to 0. City Attorney Amy McCullough informed Council that the following two items could be acted upon together. COUNCIL ACTION - SUBMISSION OF PROPOSED 1997-98 BUDGET AND SETTING OF PUBLIC HEARING, TENTATIVE DATE OF AUGUST 11, 1997. COUNCIL ACTION - APPOINTMENT OF PEARLAND INDEPENDENT SCHOOL DISTRICT TAX ASSESSOR (JO KNIGHT) TO CALCULATE AND PUBLISH THE EFFECTIVE RATE AND ROLLBACK RATE FOR 1997. Councilmember Wilkins made the motion, seconded by Councilmember Tetens to accept the submission of the Proposed 1997-98 Budget and setting a tentative Public Hearing, date of August 11, 1997; and the appointment of Pearland Independent School District Tax Assessor (Jo Knight) to calculate and publish the Effective Rate and Rollback Rate for 1997. City Manager, Paul Grohman, presented Council the Proposed Budget for fiscal year 1997-98. Mr. Grohman advised Council that Pearland Independent School District Tax Assessor, Jo Knight, has been the Tax Assessor/Collector for the City for the past several years, Page 9 of 12 - 7/28 21 and would recommend her appointment. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, And Wilkins. Voting "No" None. Motion passed 5 to 0. City Attorney Amy McCullough informed Council that Resolution No. R97-47 and Resolution No. R97-45 could be acted upon together. RESOLUTION NO. R97- 47 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING AND ENDORSING HE CITY'S 1993 PARK MASTER PLAN FOR EXPANSION AND IMPROVEMENTS TO THE CITY'S PARK SYSTEM, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED AND UPDATED. RESOLUTION NO. R97- 45 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT AN APPLICATION TO THE TEXAS PARKS AND WILDLIFE DEPARTMENT AND EXECUTE ALL NECESSARY AGREEMENTS ASSOCIATED THEREWITH FOR A TEXAS RECREATION & PARKS ACCOUNT PROGRAM GRANT FOR THE REDEVELOPMENT AND EXPANSION OF INDEPENDENCE PARK; AND ALLOCATING MATCHING FUNDS FROM THE CITY OF PEARLAND. Councilmember Cole made the motion, seconded by Councilmember Berger to approve Resolution No. R97-47 and Resolution No. R97-45. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger, and Cole. Voting "No" None. Motion passed 5 to 0. RESOLUTION NO. R97- 46 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS CONFIRMING PROJECT READINESS OF PROJECT NO. 986 HUGHES ROAD EXTENSION FOR THE 2001 TRANSPORTATION IMPROVEMENT PLAN; AND SUPPORTING THE PROJECT FOR INCLUSION IN THE 2001 TRANSPORTATION IMPROVEMENT PLAN. Councilmember Berger made the motion, seconded by Councilmember Cole to approve Page 10 of 12 - 7/28 22 Resolution No. R97-46. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger and Cole. Voting "No" None. Motion passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-155 - 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 WESTCHESTER ESTATES SUBDIVISION IN THE H.T.& B.R.R. COMPANY SURVEY, A-242, BRAZORIA COUNTY, TEXAS (APPLICATION NOS. 165-171 AND APPLICATION NO. 203) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF THE OWNERS OF SUCH REAL PROPERTY, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Wilkins to approve Ordinance No. 509-155 (Application Nos. 165-171 and Application No. 203) on its first reading. Voting "Aye" Councilmembers Wilkins, Tetens, Beckman, Berger and Cole. Voting -"No" None. Motion passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-156 - 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 WESTCHESTER ESTATES SUBDIVISION, TRACT 16 AND TRACT 27, IN THE H.T. & B.R.R. COMPANY SURVEY, A-242, BRAZORIA COUNTY, TEXAS. (APPLICATION NO. 129 AND APPLICATION NO. 203) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF THE OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS Page 11 of 12 - 7/28 23 CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mayor Reid, with the consensus of the City Council, passed this item to a future agenda. COUNCIL ACTION - COUNCIL ACCEPTANCE OF WEST OAKS, SECTION 3A. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Beckman to accept West Oaks, Section 3A. Voting "Aye" Councilmembers Cole, Berger, Beckman, Tetens, and Wilkins. Voting "No" None. Motion passed 5 to 0. OTHER BUSINESS: XI. ADJOURNMENT Meeting was adjourned at 11:28 p.m. Minutes approved as submitted and/or corrected this the % V41- day of A.D., 1997. Tom Reid Mayor Page 12 of 12 - 7/28