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1999-01-25 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JANUARY 25,1999, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Larry Wilkins Helen Beckman Richard Tetens William Berger Klaus Seeger Glen Erwin Darrin Coker Young Lorfing Others in attendance: Sr. Project Manager Alan Mueller; Grants Director Janet Berry; Planning and Development Director Dennis Smith; City Engineer John Hargrove; Director of Finance David Castillo; Parks and Recreation Director Ed Hersh; Emergency Management Coordinator David Smith; Assistant Chief of Police Chris Doyle; Purchasing Officer Gordon Island. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Emergency Management Coordinator David Smith, and the Pledge of Allegiance was led by Assistant Chief of Police, Chris Doyle. APPROVAL OF MINUTES Councilmember Tetens made the motion, seconded by Councilmember Beckman, to approve the minutes of the January 11, 1999 Joint Public Hearing held at 6:30 p.m., the minutes of the January 11, 1999 Public Hearing held at 6:30 p.m., and the minutes of the January 11, 1999 Regular Council Meeting held at 7:30 p.m. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. Pagel of 21 - 1/25/1999 77 Councilmember Beckman made the motion, seconded by Councilmember Tetens, to approve the minutes of the January 18, 1999 Public Hearing held at 6:30 p.m. Voting "Aye" Councilmembers Beckman, Tetens, Berger, and Seeger. Voting "No" None. Voting "Abstain" Mayor Pro -Tem Wilkins. Motion Passed 4 to 0, with 1 abstention. MAYOR'S ACTIVITY REPORT: Emergency Management Coordinator, David Smith, addressed Council and stated that he had previously asked Council to adopt a resolution encouraging the Corps of Engineers to proceed with the Clear Creek Project. He further stated that the resolution did not have any affect. Mr. Smith gave a short overview and update on the project. He said the engineering study was funded for this project by the State Water Board and Harris Country Flood Control. The work that was outlined in the study was based on the Corps of Engineers Project being done. The Clear Creek Water Shed Committee defined the amount of detention, channelization, and a few homes that need to be bought out and relocated. Because of environmental protest along the lake and creek, the work has stopped. This was to be a $90,000,000 project; $20,000,000 has been spent to date. In order for the City of Pearland to survive, this work needs to be done along with additional work coming east from our city limits and going to the west. It is the belief of the Steering Committee, that to get this project back on a tract, the County Judges, County Commissioners, Mayors, City Councilmembers, and Drainage Commissioners to go to Washington, and present our case to the highest level possible. Mr. Smith stated that other committee members are discussing this same request with their elected officials. In closing he said that he is pleading to the Mayor and Council to have representatives go on a trip to Washington to see if we can get this project moving again. Mayor Reid and City Manager Glen Erwin, presented the Director of Finance with the Government Finance Officers Association of the United States and Canada, "Certificate of Achievement for Excellence in Financial Reporting." The award is presented to government units and public employee retirement systems whose comprehensive annual financial reports (CAFRs) achieve the highest standards in government accounting and financial reporting. Page 2 of 21 -1 /25/1999 79 Mayor Reid reported that January 13 he attended the reception for the new Texas Highway Commissioner, Bob Nichols and attended the Brazoria County and Cities Association Meeting; on January 14 he attended the Library Ground Breaking, and the ribbon cutting at the Family Funeral Home in Pearland; on January 15 he met with a Pearland student group touring City Hall; on January 16 he attended the Winterfest; on January 18 he attended a Council Workshop; on January 19 he attended HGAC Board Meeting, Trees for Pearland Meeting, and a Council Workshop; on January 20-23 he attended the TML Risk Pool Board of Directors Meeting; January 23 he attended the Chamber and Fire Department Annual Meetings; and on January 24 he attended the Silverlake School Open House. COUNCIL'S ACTIVITY REPORTS: Councilmember Beckman reported that on January 13 she attended the Brazoria County and Cities Association Meeting; January 14 she attended the meeting to discuss the disposal of household hazardous waste material and will have collection of that at the High School parking lot on April 17; on January 18 she attended the Keep Pearland Beautiful Meeting; on January 19 she attended a meeting with the Trees for Pearland Committees; January 21 she attended Leadership Council with the Chamber of Commerce; January 22 she attended the Pearland College Center Open House; January 23 she attended the Adult Reading Center Annual Meeting; and on January 24 she attended the Silverlake School Open House. Councilmember Tetens stated that he does not have anything to add, however, he would like to commend Parks and Recreation Director, Ed Hersh, on another successful Wrnterfest. Mayor Pro -Tem Wilkins reported that he also attended the ground breaking of the Library and the Leadership Council sponsored by the Chamber of Commerce; January 23 -he attended the Chamber of Commerce Banquet and also attended the Fire Department Annual Banquet. Mayor Pro -Tem Wilkins further reported that at the Chamber of Commerce Banquet Mayor Reid was honored with the Chairman's Award. Councilmember Berger reported that on January 23 he attended the Fire Department's Annual Awards Banquet at the Country Club, and the Volunteer Fire Department asked him to present the Mayor with a Certificate of Appreciation for the City's continued support of the Volunteer Fire Department for 1998. Councilmember Seeger reported that he also attended the Chamber of Commerce Banquet. Page 3 of 21 - 1/25/1999 RD CITY MANAGER'S REPORT: City Manager, Glen Erwin, stated that he does not have anything to report at this time. CITIZEN'S: David Miller, 2706 Shady Miller, provided Council with an outline of the issues he would be addressing. Mr. Miller addressed Council regarding the pending Colson litigation. He further addressed information he had received under the Open Records Act regarding the cost of the Colson litigation. He read the final judgement received from the court stating that the motions for summary judgement should be granted, which were signed the 30`h day of June, 1998 by Judge Touchette. He further stated, that it is his understanding that there has been appeals and he is waiting for to hear from the 5t' Circuit of Appeals. He urged Council to continue the lawsuit to the Supreme Court if necessary because it is in the best interest of the taxpayers and citizens. DOCKETED PUBLIC HEARING: None. CONSENT AGENDA: Mayor Reid asked Council if they would like to remove anything from the Consent Agenda. Councilmember Tetens requested that Item A, Ordinance No. 892, be removed from the Consent Agenda. B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-269- 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 ON LOT 48, A 3.99 ACRE TRACT, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, H.T. & B.R.R. CO. SURVEY, RECORDED IN VOLUME 2, PAGE 23, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 483) (13502 ROY ROAD) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF VIRGIL & GRACE M. ELLIOTT, 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. Page 4 of 21 - 1/25/1999 C. CONSIDERATION AND POSSIBLE ACTION -SECOND AND FINAL READING OF -- ORDINANCE NO. 509-270- 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 ON THE SOUTH 87.5 FEET OF LOT 7 & THE NORTH 12.5 FEET OF LOT 8, BLOCK 6, 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. 484)(14013 SUBURBAN GARDEN) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT(M-1) AT THE REQUEST OF VIRGIL COY & GRACE M. ELLIOTT, 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. D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-271- 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 8.99 ACRES IN LOT 47, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 9, H.T. & B. R. R. CO. SURVEY, A-234, RECORDED IN VOLUME 2, PGS. 23 &24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 485)(13430 ROY ROAD) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT(M-1) AT THE REQUEST OF VIRGIL & GRACE M. ELLIOTT, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-272- 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 ON LOTS 11 & 12, BLOCK 3, HICKORY CREEK PLACE SUBDIVISION AS RECORDED IN THE OFFICIAL RECORDS, BRAZORIA COUNTY, TEXAS (APPLICATION 283) FROM CLASSIFICATION OF Page 5 of 21 - 1/25/1999 8 ;UBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT(R-1) AT THE REQUEST OF WILLIAM AND FELICITAS R. GONZALES, 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 Nos.509-269, 509-270, 509-271, and 509-272 on their second and final reading as presented on the Consent Agenda. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION -SECOND AND FINAL READING OF ORDINANCE NO. 892 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLA.ND, TEXAS, REVISING THE CLEANING FEE AND DAMAGE DEPOSIT FOR RENTAL OF THE PEARLAND COMMUNITY CENTER AND THE MELVIN KNAPP BUILDING; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION AND FOR CODIFICATION. Councilmember Tetens made the motion, seconded by Councilmember Berger, to approve Ordinance No. 892, on its second and final reading. Councilmember Tetens stated that he is not in favor of this ordinance because of the increase. It may not be affordable for some people and it should be responsibility of staff to see that the facility is cleaned up. Councilmember Berger stated that he supports this item because the renter should pay for the clean up. Mayor Pro -Tem Wilkins stated that amount that of the increase to charge for the clean up is fair, and he is in favor of approving the ordinance. Councilmember Beckman stated that she had some concerns regarding nonprofit organizations and people who may not be able to afford the fees, and she has been Page 6 of 21 -1/25/1999 assured that it would be taken into consideration. She further stated that she is inclined to support the motion. Parks and Recreation Director, Ed Hersh, informed Council that he would give them a written report in six months. Councilmember Seeger stated that he is in favor of the ordinance, because the City will be able to "recoup" the cost of the clean up. Voting "Aye" Councilmembers Beckman, Wilkins, Berger, and Seeger. Voting "No" Councilmember Tetens. Motion Passed 4 to 1. NEW BUSINESS: MOTION TO REMOVE FROM THE TABLE - REGARDING AN APPLICATION FROM JACK MCGUFF TO MOVE IN A TEMPORARY OFFICE FACILITY TO BE LOCATED AT 4401 RICE DRYER ROAD. Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Seeger, to remove from the table an application from Jack McGuff to move in a temporary office facility to be located at 4401 Rice Dryer Road. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - REGARDING AN APPLICATION FROM JACK MCGUFF TO MOVE IN A TEMPORARY OFFICE FACILITY TO BE LOCATED AT 4401 RICE DRYER ROAD. Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Berger, to pass this item with no action being taken. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Page 7 of 21 1/25/1999 a 84. Motion Passed 5 to 0. COUNCILACTION - RESOLUTION NO. R99-6 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A DEVELOPMENT AGREEMENT WITH SHADOW CREEK RANCH DEVELOPMENT COMPANY, L. P., A NEVADA LIMITED PARTNERSHIP ("DEVELOPER"), OUTLINING THE RESPONSIBILITIES OF THE CITYAND DEVELOPER FOR THE IMPLEMENTATION OF THE PROJECT AND FINANCING PLAN FOR TAX INCREMENT REINVESTMENT ZONE NO. 2. Councilmember Berger made the motion, seconded by Councilmember Tetens, to approve Resolution No. R99-6. Councilmember Berger stated that he has spent many hours of workshops, meetings, and public hearings talking to different individuals regarding this matter. He said, if you recall from the TIRZ vote, he made it very clear that he was going to be concerned about the financial impact and risk to the City. Councilmember Berger further addressed his concerns regarding the "quick start" funding of the Shadow Creek Project, that he has a philosophical problem with the City using its credit rating for the benefit of a developer. The only advantage of the City getting involved with the $15,000,000 "quick start" would be the lower interest rate that the developer would get verses having to go out on their own. Councilmember Berger said that he will not support the Development Agreement with the $15,000,000 in the Agreement. He would like to see the TIRZ stand on its own through the use of bonds not backed by the City. He suggested that the TIRZ be responsible for issuing "quick start" money that is needed, not the City. He also addressed his concerns about the creation of a Maintenance District, and he wants to learn more about a Maintenance District. Councilmember Seeger stated he had concerns that the Agreement states that the project could be constructed in phases, in order the developers deem necessary. He stated he would like to see a three to one ratio. He does not want just apartments to be built all at one time and then the building of homes to slow down. He also is concerned about the TIRZ Board of Directors and the breakdown in the make up of the board. He said the City of Pearland will have 50% participation and will only be getting 30% representation. He would like to see that equalized. Councilmember Tetens stated that he fully supports the Shadow Creek Ranch Agreement as it is, and he supports the "jump start" financing. It is backed a letter of credit and is not a risk to the City. Councilmember Tetens said the project will be a "great boom" for the City of Pearland, a real push for development in the area. It will help get commercial businesses in that area, and fully supports the issue as it is. Page 8 of 21 -1 /25/1999 Mayor Pro -Tem Wilkins stated that his position has been clear on this since the very beginning. Mayor Pro -Tem Wilkins read his statement concerning the project when the majority of the children will be attending Alvin Schools. He also stated that parents and children seem to get involved in school related activities and other functions in the City in which they attend school. In closing, he stated that he is opposed to giving the $15,000,000 "jump start" to this project. Also, it will not help selling homes when they find out their children will be bused to Alvin, and he does foresee a feeling of community with this project. Mayor Reid stated that regardless how the area is developed it is still in the Alvin Independent School District. He also stated that the 3,600 acres being planned, and the plans being approved by the City, is a greater benefit to the City as a community, than if it was developed "piece mill." Mayor Reid said that the best way to develop that area as a Planned Unit Development. As it is planned it is going to be another First Colony. There was additional discussion among the Council regarding the project and the financing of the project. Councilmember Beckman stated that she concurs with Mayor Reid and Councilmember Tetens regarding the support of the Shadow Creek Ranch Project. She further stated that she does not that the school district is the point at all. She said she feels secure with $15,000,000 and does not have a problem with it. She also stated that with a higher interest rate it will take longer to pay off the debt, and if you look at the complete project and the benefits that Pearland can derive from it it is well worth passing the Development Agreement as it is. Mayor Reid stated that the Council is in agreement that it is a great development. Each Councilmember has a concern and has a position they have to support. Mayor Reid called for the vote. Voting "Aye" Councilmembers Beckman, and Tetens. Voting "Nay" Councilmembers Seeger, Berger, and Wilkins. Motion Failed 3 to 2. SECOND AND FINAL READING OF ORDINANCE NO. 609-268 - 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 3559ACRES OF LAND, MORE OR LESS, LOCATED IN THE DUPUY AND ROBERTS SURVEY, A-726, BRAZORIA CO.; J. CRAWLEY Page 9 of 21 - 1/25/1999 SURVEY, A-174, BRAZORIA, CO.; WILLIAM MORRIS SURVEY, A-344, BRAZORIA CO.; T. C. R. R. CO. SURVEY, SECT. 3, A-678, BRAZORIA CO.; T. C. R. R. CO. SURVEY, SECT. 4 (JOHN W. MAXCY), A-675, BRAZORIA CO.; OBEDIAH PITTS SURVEY, A-717, BRAZORIA CO.; H. T. & B. R. R. CO. SURVEY, SECT. 80 (J. S. TALMAGE), A-564, BRAZORIA CO.; H. T. & B. R. R. CO. SURVEY, SECT. 81, A-300, BRAZORIA CO.; H. T. - & B. R. R. CO. SURVEY, SECT. 82 (J. S. TALMAGE), A-565, BRAZORIA CO.; H. T. & B. R. R. CO. SURVEY, SECT. 83, A-305 IN BRAZORIA CO. AND A-761 IN FORT BEND CO.; H. T. & B. R. R. CO. SURVEY, SECT. 84 (R. B. LYLE), A-538 IN BRAZORIA CO. AND A- 767 IN FORT BEND CO.; S. G. HAYNIE SURVEY, A-212 IN BRAZORIA CO. AND A-620 IN FORT BEND CO.; FRANKLIN HOOPER SURVEY, A-198, FORT BEND CO.; GEORGE W. MCDONALD SURVEY, A-577, FORT BEND CO.; I. C. STAFFORD SURVEY, A-668, FORT BEND CO. AND THE H. LEVERING SURVEY, A-279, FORT BEND CO, TX (APPLICATION NO. 621) FROM CLASSIFICATION OF SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1 THROUGH R-4), MULTI -FAMILY DISTRICT (MF), OFFICE PROFESSIONAL, NEIGHBORHOOD SERVICES DISTRICT, COMMERCIAL, AND LIGHT INDUSTRIAL (MF, OP, NS, GB, C, M-1) AND GENERAL BUSINESS, PLANNED UNIT DEVELOPMENT (PUD) AT THE REQUEST OF KNUDSON & ASSOCIATES, AGENT FOR SHADOW CREEK RANCH DEVELOPMENT CO., L.P., OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE EXPEDIENT ACTION IS NECESSARY TO ENSURE THE PROPERTY'S HIGHEST AND BEST USE FOR ITS INTENDED PURPOSE; AND OTHER PROVISIONS RELATED TO THE SUBJECT. This item was passed no Council action taken. -- FIRST READING OF ORDINANCE NO. 893 -AN ORDINANCE OF THE CITY COUNCIL OF PEARLAND, TEXAS, AMENDING SECTION 21-22 OF CHAPTER 21, OIL AND GAS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS THE SAME MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, FOR THE PURPOSE OF PROVIDING THAT DRILLING PERMITS SHALL NOT CONTRAVENE PLANNED UNIT DEVELOPMENT; MAKING CERTAIN FINDINGS RELATED THERETO; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Councilmember Seeger made the motion, seconded by Councilmember Berger, to approve Ordinance No. 893 on its first reading. City Attorney, Darrin Coker, stated that this is an amendment to the current Oil & Gas Ordinance. This amendment allows a developer to designate drilling districts in a Planned Page 10 of 21 - 1/25/1999 Unit Development. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RE -APPOINTMENT OF GARY SHIVER AND RONALD WEST TO SERVE ON THE GAS AND PLUMBING BOARD. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Wilkins, to reappoint Gary Shiver and Ronald West to serve on the Gas and Plumbing Board. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RE APPOINTMENT OF EMIL BELTZ TO SERVE ON THE PLANNING AND ZONING COMMISSION. Councilmember Tetens made the motion, seconded by Councilmember Beckman, to reappoint Emil Beltz to serve on the Planning and Zoning Commission. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RE -APPOINTMENT OF BILL WALSH AND LLOYD KERN TO SERVE ON THE BUILDING CODE BOARD OF ADJUSTMENTS. Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Tetens, to reappoint Bill Walsh and Lloyd Kern to serve on the Building Code Board of Adjustments. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Page 11 of 21 - 1/25/1999 Me •• Motion Passed 5 to 0. COUNCIL ACTION - APPOINTMENT OF RICHARD CIMPRICH TO SERVE ON THE ZONING BOARD OF ADJUSTMENTS. Councilmember Berger made the motion, seconded by Councilmember Beckman, to appoint Richard Cimprich to serve on the Zoning Board of Adjustments. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0 COUNCIL ACTION - AWARD OF BID NO. B99-021 FOR TAX-EXEMPT LEASE PURCHASE FINANCING FOR CAPITAL PROJECTS. Councilmember Seeger made the motion, seconded by Councilmember Berger to award Bid No. B99-021 for Tax Exempt Lease Purchase Financing for Capital Projects to Banc One Leasing Corporation for the total bid with an interest rate of 4.38%. Purchasing Officer, Gordon Island, reviewed the bids received for Tax -Exempt Lease Purchase Financing for Capital Projects, and recommended that Bid No. B99-021 be awarded to the low bidder, Banc One Leasing Corporation, at the interest rate of 4.38%. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion passed 5 to 0. COUNCIL ACTION - AWARD OF BID NO. B99-023 FOR THE INDEPENDENCE PARK POOL REPAIRS AND RENOVATIONS. Councilmember Beckman made the motion, seconded by Councilmember Tetens to award Bid No. B99-023 for the Independence Park Pool repairs and renovations to Progressive Chemicals, Inc. for the total bid in the amount of $17,482 with a construction time of 14 days. Parks and Recreation Director, Ed Hersh, reviewed the bids received for the Independence Park Pool repairs and renovations, and recommended that Bid No. 699- 023 be awarded to the low bidder, Progressive Chemicals, Inc. for the total bid in the Page 12 of 21 - 1/25/1999 .I amount of $17,482 with a construction time of 14 days. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion passed 5 to 0. COUNCIL ACTION - REGARDING COUNCIL'S APPROVAL OF KEEP PEARLAND BEAUTIFULAND TREES FOR PEARLAND'S IMPLEMENTATION OF THE FIRST PHASE OF A LANDSCAPE PLAN FOR PEARLAND PARKWAY ESPLANADE. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to approve Keep Pearland Beautiful and Trees for Pearland's implementation of the first phase of a landscape plan for Pearland Parkway esplanade. Keep Pearland Beautiful Executive Director, Delores Fenwick, addressed Council and gave an overview of the first phase of the landscape plan for Pearland Parkway. Trees for Pearland is a new group that was formed less than eight months ago; a subgroup of Keep Pearland Beautiful. The section that the first phase includes is from FM 518 to just beyond Mary's Creek.. She further stated that the plan is to plant 111 trees; 46 45 -Gallon Oaks, 41 Crape Myrtles, 6 Bradford Pears, 6 Goldenrain Trees, and 12 Loblolly Pines. The cost of the trees is $6,809, and the cost for planting, mulching, and staking will be $4,345, for grand total $11,154. If this item is approved they are ready to start February 1, 1999. The Parks and Recreation Department is checking into the pricing for a irrigation system for the trees and it is still being reviewed. Mrs. Fenwick further reported that to date more than $20,000 has been pledged by West Development, the Bomasada Group, Inc., Randall's and Pennington -Chen. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion passed 5 to 0. COUNCIL ACTION - COUNCIL ACCEPTANCE OF THE VILLAGES OF EDGEWATER ESTATES TWO SUBDIVISION. Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Tetens, to accept the Villages of Edgewater Estates Two Subdivision. Page 13 of 21 - 1/25/1999 City Engineer, John Hargrove, stated that this subdivision is approximately 23.7 acres and has about 80 homes. Mr. Hargrove further stated that the subdivision is complete and ready to go, and recommends its acceptance. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R99-4 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT A PROPOSAL TO THE 1999 HARRIS COUNTY COMMUNITY DEVELOPMENT AGENCY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR INSTALLATION OF THE CITY'S SEWER SYSTEM IN ONE SERVICE AREA; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL DOCUMENTS ASSOCIATED WITH THE PROJECT; AND ALLOCATING FROM THE CITY'S UTILITY FUND, THE CITY'S COSTS ASSOCIATED WITH THE PROJECT. Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem, to approve Resolution No. R99-4. Grants Coordinator, Chris Kidwell, addressed Council reporting that this is a grant application that is being submitted to the Harris County Community Development Agency for Block Grant funding for a sewer project in the Fite-Figland area. The approximate amount of funding is $300,000. If funded, it will pay for the installation of new sewer line that will tie approximately 42 homes in the Figland area neighborhood to City sewer services. Mr. Kidwell further reported that the program does not require any specific match, however, due to the competitive nature of the grant, the City intends to propose matching funds of approximately 15%, or $45,000 from the City's utility fund. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0 COUNCIL ACTION -RESOLUTION NO. R99-5 -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 THE TEXAS DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF THE JOHN LIZER AND VETERANS Page 14 of 21 -1/25/1999 ROAD BRIDGE PROJECTS. Councilmember Seeger made the motion, seconded by Councilmember Berger, to approve Resolution No. R99-5. Sr. Project Manager, Alan Mueller, addressed Council and gave a brief summary regarding the bridges over Mary's Creek at John Lizer and Veterans. Now that the bridges are complete, our share is a little more than originally called for in the contract which is $25,563.58. Mr. Mueller further reported that the City has a similar contract replacing bridges o Dixie Farm Road. On that particular contract, the City received $57,000 from the Department of Transportation, and recommends that the change order for these bridges be paid with these funds. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - DIRECTIVE TO STAFF TO PROCEED WITH THE ISSUANCE OF $15 MILLION DOLLARS OF CERTIFICATES OF OBLIGATION TO BE ISSUED OVER A THREE-YEAR PERIOD FOR THE FUNDING OF VARIOUS CITY PROJECTS. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Wilkins, to direct staff proceed with the issuance of $15,000,000 of Certificates of Obligation to be issued over a three-year period for the funding of various city projects. Sr. Project Manager, Alan Mueller, addressed Council and stated we had a workshop last week as well as back in November to discuss the projects. The issuance of the bonds would be for $5,000,000 a year over a three-year period. This action tonight would allow the staff to start the process of the issuance of the bonds. Councilmember Berger stated that he does not mind at all supporting the dozen or so projects that have been outlined to be funded by bond proceeds. This will benefit a large portion of Pearland. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. Page 15 of 21 - 1/25/1999 41 FIRST READING OF ORDINANCE NO. 509-273 - 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 ON TRACT I & II BEING 3 ACRES, MORE OR LESS, OUT OF LOT 58, FIGLAND ORCHARD SUBDIVISION, H.T. & B.R.R. CO. SURVEY, SECTION 13, A-240 PLAT RECORDS OF BRAZORIA COUNTY, TEXAS VOLUME 2, PAGE 77; TRACT III, THE NORTH 2 ACRES OUT OF LOT 57, FIGLAND ORCHARD SUBDIVISION H.T. & B.R.R. CO. SURVEY, A-240, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, VOLUME 2, PAGE 77 (APPLICATION NO. 434) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF ARTHUR PARTAIN, 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 approve Ordinance No. 509-273 (Application No. 434) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 434. Maria M. Chapa, 6220 Figland, addressed Council and stated that she has lived in Pearland since 1962. She said that she has two acres by the mentioned property. Mrs. Chapa stated that she is opposed to the land use change, because her property has been flooding. She further addressed her concerns regarding the noise and the way the property is being kept. In closing, she reiterated that she is opposed to this land use change and would rather see the area become residential. Mayor Reid advised that when there is development on a piece of property, it is the responsibility of the property owner to contain the water flow from the property, by submitting a drainage plan that is approved by the City Engineer. Voting "Aye" Councilmembers Seeger, Tetens, and Beckman. Voting "No" Councilmembers Berger and Wilkins. Motion Passed 3 to 2. FIRST READING OF ORDINANCE NO. 509-274 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, Page 16 of 21 -1/25/1999 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. 524,531,533,536,537,538,539,540,542,&544) 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 Wilkins made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-274 (Application Nos. 524,531,533,536,537,538,539,540,542, & 544) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 524,531,533,536,537,538,539,540,542, & 544. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-275 - 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 THE NORTH 1/2 OF TRACT 26, SECTION 8, H.T. & B.R.R. CO. SURVEY A-504, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION ACCORDING TO THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 547) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF JAMES F. FULLER, 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 Berger made the motion, seconded by Mayor Pro -Tem Wilkins, to approve Ordinance No. 509-275 (Application No. 547) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation Page 17 of 21 - 1/25/1999 MA to approve Application No. 547. Pete Lunn, 14221 Garden Road, Tom Hodges, 2233 Garden Road, Jim Fuller, and Pat O'Day, 14405 Garden Road, addressed Council and stated that they are in favor of the land use change for this property. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-276 - 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 4.00 ACRES OUT OF LOT 39, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 8, H.T. & B.R.R. CO. SURVEY, A- 504, VOLUME 2, PAGES 23-24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 548)FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF T.J. "TOM" HODGES, 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. 509-276 (Application No. 548) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 548. Mayor Reid stated that Pete Lunn, 14221 Garden Road, Tom Hodges, 2233 Garden Road, Jim Fuller, and Pat O'Day, 14405 Garden Road, addressed Council previously and want to show their continued support of the approval of this ordinance. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. Page 18 of 21 - 1/25/1999 19r FIRST READING OF ORDINANCE NO. 509-277 - AN ORDINANCE OF THE CITY r-- 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 LOT 10, BLOCK 9, HICKORY CREEK PLACE ADDITION, AS RECORDED IN VOLUME 11, PAGES 1-2, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 549) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF T.J. "TOM" HODGES, 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. 509-277 (Application No. 549) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 549. Mayor Reid stated that Pete Lunn, 14221 Garden Road, Tom Hodges, 2233 Garden Road, Jim Fuller, and Pat O'Day, 14405 Garden Road, addressed Council previously and want to show their continued support of the approval of this ordinance. ,-- Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-278 - 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 1.1404 ACRE TRACT OUT OF A 2.27 ACRE TRACT OUT OF LCT 9, THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 14, H.T. & B.R.R. CO. SURVEY, A-509, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (6319 COTTONWOOD) (APPLICATION NO. 648) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF DAVID WAYNE WILSON, 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. Page 19 of 21 - 1/25/1999 w Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to approve Ordinance No. 509-278 (Application No. 648) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 648. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-279 - 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 CABINET/FURNITURE SHOP IN A GENERAL BUSINESS (GB) DISTRICT ON THE FOLLOWING PROPERTY, TO -WIT: BEING 1.1404 ACRE TRACT OUT OF A 2.27 ACRE TRACT OUT OF LOT 9, THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 14, H.T. & B.R.R. CO. SURVEY, A-509, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (6319 COTTONWOOD), (SPECIFIC USE PERMIT NO. 66) AT THE REQUEST OF DAVID WAYNE WILSON, 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. 509-279 (Specific Use Permit No. 66) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Specific Use Permit No. 66. Mayor Pro -Tem Wilkins commended and thanked Mr. Wilson for applying for a specific use permit. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. Page 20 of 21 - 1/25/1999 OTHER BUSINESS: St r— Council adjourned into Executive Session under Texas Government Code at 9:35 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 -CONSULTATION WITH CITY ATTORNEY REGARDING PENDING LITIGATION - DISCUSSION OF COLSON LITIGATION. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 9:53 p.m CONSIDERATION AND POSSIBLE ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING THE COLSON LITIGATION. Mayor Reid stated that the Council will not take any action on this item. OTHER BUSINESS: r— Meeting was adjourned at 9:53 p.m. ADJOURNMENT Minutes approved as submitted and/or corrected this the 8t' day of February, A.D., 1999. ATTEST: F Tom Reid Mayor Page 21 of 21 - 1/25/1999 THIS PAGE LEFT INTENTIONALLY BLANK