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1999-02-22 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON FEBRUARY 22,1999, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Larry Wilkins Helen Beckman Richard Tetens William Berger Klaus Seeger Glen Erwin Darrin Coker Young Lorfing Others in attendance: Sr. Project Manager Alan Mueller; Chief of Police J.C. Doyle; City Engineer John Hargrove; Planning and Development Director Dennis Smith; Director of Finance David Castillo; Parks and Recreation Director Ed Hersh; Director of Administrative Services Mary Hickling; Public Works Director Jerry Burns. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Tetens, and the Pledge of Allegiance was led by Public Works Director Jerry Burns. APPROVAL OF MINUTES Councilmember Tetens made the motion, seconded by Councilmember Beckman, to approve the minutes of the February 1, 1999, Joint Public Hearing held at 6:30 p.m., the minutes of the February 8, 1999, Regular Council Meeting held at 7:30 p.m., and the minutes of the February 15, 1999, Special Council Meeting held at 7:00 p.m. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Page 1 of 15 - 2/22/1999 i47 Voting "No" None. Motion Passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid reported that on February 9 he attended the Legislative Testimony in Austin; February 10 he attended the Adult Reading Center Board of Directors Meeting; February 11 he attended the Chamber Ribbon Cutting at Pearland Hitch, and the Ribbon Cutting for the Pearland Parkway Trees; February 12 he was a Celebrity Reader at C.J. Harris Elementary, and he was a Judge at the Raytheon Chili Cook -off; February 14 he attended the dedication of a home from the Alvin, Pearland, and Friendswood Habitat for Humanity and the Christian Helping Hands Recognition Dinner; February 17 he gave the "State of the City Presentation" at the Chamber, and he attended the Pearland Area Infrastructure Committee Meeting; February 18 he attended the Chamber's Leadership Council Meeting, the Gulf Coast Water Authority Board Meeting, the Republican Women's Club Meeting, the Shady Crest Civic Club Meeting and planted a Memorial Tree at Centennial Park; February 19 he attended the Head Start Facility Dedication and the Awards Banquet for Cub Scout Pack 463; February 20 he was a Judge for the Faith Community Church Chili Cook -off and on February 22 he attended the C.J. Harris Elementary Open House. COUNCIL'S ACTIVITY REPORTS: Councilmember Beckman reported that on February 10 she attended the Adult Reading Center Board Meeting; February 11 she attended the Household Hazardous Material Collection Day Planning Committee Meeting and that afternoon she attended the dedication of the landscaping on Pearland Parkway; February 12 she read to the Pre -K Class at C.J. Harris Elementary; February 15 she attended the Keep Pearland Beautiful Board Meeting; February 17 she attended the Chamber of Commerce Meeting and heard the "State of the City Presentation" from the Mayor; February 18 she attended the Chamber's Leadership Council and she attended the Brazoria County Days Planning Meeting, and the first meeting of the Citizens Police Academy Class Number 9 ; February 19 she attended the Ribbon Cutting at the Head Start which is located at the Neighborhood Center; February 20 she was a guest speaker for the American Association of University Women, at Alvin Page 2 of 15 - 2/22/1999 148 Community College, the event was held for junior high school girls and she spoke on public service. Councilmember Tetens stated that he does not have anything to add. Mayor Pro -Tem Wilkins reported that on February 13 he attended the Pearland Filipino Community installation of Officers at the Lions Club. Councilmember Berger reported that on February 18 he attended the Charter Review Commission's first public hearing. Councilmember Seeger reported that on February 18 he also attended the Charter Review Commission's first public hearing. CITY MANAGER'S REPORT: City Manager, Glen Erwin, stated that he does not have anything to report at this time. CITIZEN'S: None DOCKETED PUBLIC HEARING: None Mayor Reid with concurrence of Council moved to New Business Item No. 3. COUNCIL ACTION - RATIFICATION OF THE CITY MANAGER'S APPOINTMENT OF J.C. DOYLE TO SERVE AS CHIEF OF POLICE. Councilmember Beckman made the motion, seconded by Councilmember Tetens, to ratify the City Manager's appointment of J.C. Doyle to serve as Chief of Police. Councilmember Tetens commended the City Manager on selection of J.C. Doyle to serve as Chief of Police. City Manager Glen Erwin stated that he has discussed the appointment of Chief of Police with J.C. Doyle on several occasions and Chief Doyle agreed to accept the position. Page 3 of 15 - 2/22/1999 149 Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. Mayor Reid with concurrence of Council moved back to the Consent Agenda. CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 894 -AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (PINE HOLLOW SECTIONS 2 AND 3 AREA) AT THE REQUEST OF HOUSTON PINE HOLLOW ASSOCIATES, LTD.; 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. B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-280- 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 9.924 ACRES, KNOWN AS LOT 28, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 9, H.T. & B.R.R. CO. SURVEY, A-234, RECORDED IN VOLUME 2, PAGES 23 & 24, PLAT RECORDS OF BRAZORIA CO., TEXAS (APPLICATION NO. 643)(14435 MAX ROAD) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT(M-1) AT THE REQUEST OF CHEROTECH, INC., OWNER, PROVIDING FORAN AMENDMENT OFTHE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT, Page 4 of 15 - 2/22/1999 iJO ay 't. C. CONSIDERATION AND POSSIBLE ACTION SECOND AND FINAL READING OF ORDINANCE NO. 509-281- 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 2, PEREBOOM SUBDIVISION, RECORDED IN A MAP OR PLAT, VOLUME 18, PAGE 139, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 545) (13800 O'DAY ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF HOLLINGSHEAD LIVING TRUST, 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. D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-282- 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. 498,535,541,556,562, & 599) 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. E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND READING OF ORDINANCE NO. 509-283- 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 63.679 ACRES OUT OF THE SE 1/4, SECTION 21, H.T. &B.R.R. CO. SURVEY, A-309 & PART OF A CERTAIN TRACT Page 5 of 15 - 2/22/1999 IN DEED DATED 11-22-1972, GEORGE P. KELLY TO ROSE M.A. BAGNOLI, VOLUME 1144, PAGES 902, DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 518) FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-2) AT THE REQUEST OF ESTATE OF 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 Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to approve Ordinance Nos. 894, 509-280, 509-281, 509-282, 509-283 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: NONE NEW BUSINESS: COUNCIL ACTION - RESOLUTION NO. R99-13 - 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, 2000, AND ENDING DECEMBER 31, 2002, AND ATA RATE OF FIFTY PERCENT (50%) ANNUALLY FOR A PERIOD OF TWO (2) YEARS BEGINNING JANUARY 1, 2003, AND ENDING DECEMBER 31, 2004; FINDING AND DETERMINING THAT TERMS OF SAID AGREEMENTAND PROPERTY SUBJECTTO THEAGREEMENT MEETTHE REQUIRE- MENTS OF CHAPTER 312 OF THE TAX CODE, V.A.T.S. AS AMENDED, ORDINANCE NO. 805, WHICH ESTABLISHED REINVESTMENT ZONE #3, AND THE GUIDELINES Page 6 of 15 - 2/22/1999 152 AND CRITERIA FOR GOVERNING REINVESTMENT ZONES AND TAX ABATEMENT AGREEMENTS SET FORTH IN RESOLUTION NO. R98-59. Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Tetens, to approve Resolution No. R99-13. Councilmember Seeger stated that he will be voting not to approve this particular item because he does not feel that the expansion of chemical and blending facilities are in the best interest of Pearland. He also stated that he has concerns regarding environmental issues. City Manager, Glen Erwin, reported that Council has been provided with the feasibility study for the Third Coast Packaging Expansion. The total capital investment will be about $1.2 million which includes a 20,000 square foot building, about 10,000 square foot of tank farm facilities and will have an inventory value of a little more than $1.0 million. It will bring 25 new employees to the company with an annual payroll of $950,000. The estimated cost to the City during the term of the abatement is estimated to approximately $92,205 and the benefits that are attributes to the City for the same period of time will be approximately $121,820. Mr. Erwin also reported that it is the recommendation of the PEDC that this abatement be approved. Councilmember Tetens stated that this business already exist, and all they want to do is expand their facility. He said that he will support this action. Mayor Reid stated that the City had approved the whole project before Third Coast Packaging had moved from their old location by Clover Field Airport. Initially, Third Coast had decided to build half of the project with the thought that they would add on as business increased and that is where they are now. The Mayor further stated that this is just an add- on to the original concept. Mayor Reid stated he feels that this will be beneficial to the City. Third Coast Packaging, Vice President of Operations, Jim Clawson, addressed Council and stated that the company appreciates all of the support that they have received from the City and the surrounding community. Mr. Clawson gave an overview of the business. He also stated the he and Third Coast have the same concerns regarding the toxicity of the products and they do not want to contaminate the environment in any way. He further stated Page 7 of 15 - 2/22/1999 5 3. that they adhere to all local, state, and federal regulations as far as water treatment, and any residual affects that the products may have on the soil. Mr. Clawson stated that they are not another "Super Fund Site," and it is not their intent or the business that they are in. Councilmember Seeger asked if Third Coast is close to a waterway? Mr. Clawson stated that there are not any main waterways adjacent to their property at this time. Mayor Pro -Tem Wilkins stated that he will be supporting this item because they are an already existing business, and just want to expand. Councilmember Berger stated that since he has already voted on this item as a PEDC Board Member he will be abstaining on this Council action. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins. Voting "No" Councilmember Seeger. Voting "Abstain" Councilmember Berger. Motion Passed 3 to 1, with 1 abstention. COUNCIL ACTION - AWARD OF BID NO. B99-022 TO CLEAR AND CLEAN THE DITCH FROM HICKORY CREEK TO THIRD COAST COMPANY SWITCH. This item was passed, no Council action taken. FIRST AND ONLY READING OF ORDINANCE NO. 895 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING A STOP SIGN WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON RODRIGUEZ ROAD IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH BROADWAY STREET (FM 518); 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 STOP SIGNS AT INTERSECTIONS Page 8 of 15 - 2/22/1999 INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Councilmember Berger made the motion, seconded by Mayor Pro -Tem Wilkins, to approve Ordinance No. 895 on its first and only reading. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 896 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING STOP SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON BEACON BEND COURT IN A NORTHWESTERLY DIRECTION AT ITS INTERSECTION WITH BEACON BEND LANE, UPON COLEBROOK COURT IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH BEACON BEND LANE, UPON CASTLE POND COURT IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH BEACON BEND LANE, UPON LONG MEADOW COURT IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH BEACON BEND LANE (VILLAGES OF EDGEWATER ESTATES, SECTION 2); 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 STOP SIGNS AT INTERSECTIONS INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Councilmember Seeger made the motion, seconded by Councilmember Berger, to approve Ordinance No. 896 on its first and only reading. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion passed 5 to 0. Page 9 of 15 - 2/22/1999 WSJ COUNCIL ACTION - RESOLUTION NO. R99-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING GULF COAST WATER AUTHORITY ("GCWA") OR ITS DESIGNATED REPRESENTATIVE TO APPLY FOR A GRANT FROM THE TEXAS WATER DEVELOPMENT BOARD ON BEHALF OF THE CITY; GRANTING AUTHORITY FOR THE GCWA TO ENTER INTO A CONTRACT WITH THE TEXAS WATER DEVELOPMENT BOARD; AND EXPRESSING THE COUNCIL'S SUPPORT AND CONSIDERATION OF COMMITTING LOCAL MATCHING FUNDS FOR THE GRANT. Councilmember Beckman made the motion, seconded by Councilmember Tetens, to approve Resolution No. R99-14. Sr. Project Manager, Alan Mueller, stated that the Gulf Coast Water Authority has contacted the City and said that they want us to apply for a grant that would fund 50% of the cost to conduct a study regarding the construction of a regional surface water facility that would be used to serve northern Brazoria County, a portion of Ft. Bend County, and western portions of the City of Houston. The total cost of the study at this time is estimated to be $178,000. Approximately half of that amount would come from the cities that elect to participate in the study and the other half of the funding will come from the Water Development Board. Mr. Mueller further stated that it is estimated that the City's share of the matching funds will be approximately $10,000. This will be determined once it is known how many cities will participate. In closing he said that the resolution before Council is a resolution of support and it does not commit the City to any financial responsibility. The City should know something regarding this grant in about 60 days. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R99-12 - 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 BEYER CONSTRUCTION, Page 10 of 15 - 2/22/1999 INC. FOR PAVING AND DRAINAGE. IMPROVEMENTS ALONG PEARLAND PARKWAY FROM OILER DRIVE THROUGH MARY'S CREEK. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, to approve Resolution No. R99-12. City Engineer, John Hargrove, addressed Council and stated that in preparing the final take -offs for the construction of the second lanes on Pearland Parkway, completing the four lane section from Mary's Creek south to Oiler Drive, it was discovered that there were two pages of takeoffs left off of the contract amount. The amount of the change order is in the amount of $81,977.30. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION -APPOINTMENT OF JUANITA ORSAKAND SCOTT HILL TO SERVE ON THE TAX INCREMENT REINVESTMENT ZONE NUMBER ONE ("TIRZ") BOARD. Mayor Pro -Tem Wilkins made the motion, seconded by Councilmember Beckman, to appoint Juanita Orsak and Scott Hill to serve on the Tax Increment Reinvestment Zone Number One ("TIRZ") board. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-284 - 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 Page 11 of 15 - 2/22/1999 57 PEARLAND, BRAZORIA COUNTY, TEXAS (APPLICATION NO'S. 306,387,448,600,616, & 624) 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 Berger made the motion, seconded by Mayor Pro -Tem Wilkins, to approve Ordinance No. 509-284 (Application Nos. 306,387,448,600,616,&624) on their first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application Nos. 306,387,448,600,616,&624. Voting "Aye" Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-285 - 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 17, BLOCK 4, WAGON WHEEL SUBDIVISION, ACCORDING TO THE MAP OR PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 583) (6207 JERRYCREST) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF CAROLYN PANOS, 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. 509-285 (Application No. 583) on its first reading. Page 12 of 15 - 2/22/1999 158 Mayor Reid read into the record the. Planning & Zoning Commission's recommendation to approve Application No. 583. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-286 - 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 62.5607 ACRES OUT OF LOTS 161,162, &163, SECTION 28, H.T. & B.R.R. CO. SURVEY, A-551, RECORDED IN VOLUME 29, PAGE 9, DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 587) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF TERRY GRAY & RAY C. MCKENZIE, JR., 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. 509-286 (Application No. 587) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 587. Councilmember Tetens stated that they are asking for a large M-1 light industrial district area that is close to an R-1 residential area, and that is not good planning. Councilmember Beckman stated there have been plenty of times that the Council has had to consider already developed areas for this type of zoning, and it is always difficult for Council to do that. This is an open area and undeveloped, and that Council needs to consider how these types of areas are developed. Councilmember Beckman stated that she also agrees that this is not the area for a light industrial zone; the City does not need Page 13 of 15 - 2/22/1999 x. 59 a large industrial zone along Pearland Parkway. Councilmember Beckman also stated that she will not be supporting this zone change. Councilmember Berger stated that the majority of this area is already zoned M-1. He further stated that there is a street named Industrial. Therefore, someone had planned for this area to be zoned light industrial. There was additional discussion among the Council regarding M-1 light industrial zoning. Voting "Aye" Councilmembers Seeger, Berger, Wilkins. Voting "No" Councilmember Tetens, Beckman. Motion Passed 3 to 2. FIRST READING OF ORDINANCE NO. 509-287- 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.466, 604, 452, 414, 415, 486, 446, 372, 567, 346, 618, 614, 410, 373, 408, 407, 456, 431, 376, 378, 683, 442, 401, 371, 592, 477, 558, 454, 406, 409, 423, 468, 393, 471, 651, 441, 383, 405, 384, 612, 490, 432, 360, 369, 394, 566, 445, 421, 374, 561, 326, 389, 413, 427, 370, 386, 564, 426, 379, 543, 662, 467, 428, 435, 416, 450, 382, 602, 563, 437, 332, 560, 443, 444, 438, 429, 613, 577, 398, 397, 433, 504, 514, 412, 532, 617, 425, 515, 516, 470, 579, 622, 424, 603, 385, 377, 439, 417, 459, 449, 345, 381, 380, 626, 615, 400, 557, 388, 354, 581, 357, 403, 457, 402, 598, 658, 476, 375, 453, 399, 506, 418, 404, 411, 534, 396, 619) 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 Tetens made the motion, seconded by Mayor Pro -Tem Wilkins, tc approve Ordinance No. 509-287 (Application Nos. 466, 604, 452, 414, 415, 486, 446, 372, Page 14 of 15 - 2/22/1999 f.,,f , L� j!• J 567, 346, 618, 614, 410, 373, 408, 407, 456, 431, 376, 378, 683, 442, 401, 371, 592, 477, 558, 454, 406, 409, 423, 468, 393, 471, 651, 441, 383, 405, 384, 612, 490, 432, 360, 369, 394, 566, 445, 421, 374, 561, 326, 389, 413, 427, 370, 386, 564, 426, 379, 543, 662, 467, 428, 435, 416, 450, 382, 602, 563, 437, 332, 560, 443, 444, 438, 429, 613, 577, 398, 397, 433, 504, 514, 412, 532, 617, 425, 515, 516, 470, 579, 622, 424, 603, 385, 377, 439, 417, 459, 449, 345, 381, 380, 626, 615, 400, 557, 388, 354, 581, 357, 403, 457, 402, 598, 658, 476, 375, 453, 399, 506, 418, 404, 411, 534, 396, 619) on their reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application Nos. 466, 604, 452, 414, 415, 486, 446, 372, 567, 346, 618, 614, 410, 373, 408, 407, 456, 431, 376, 378, 683, 442, 401, 371, 592, 477, 558, 454, 406, 409, 423, 468, 393, 471, 651, 441, 383, 405, 384, 612, 490, 432, 360, 369, 394, 566, 445, 421, 374, 561, 326, 389, 413, 427, 370, 386, 564, 426, 379, 543, 662, 467, 428, 435, 416, 450, 382, 602, 563, 437, 332, 560, 443, 444, 438, 429, 613, 577, 398, 397, 433, 504, 514, 412, 532, 617, 425, 515, 516, 470, 579, 622, 424, 603, 385, 377, 439, 417, 459, 449, 345, 381, 380, 626, 615, 400, 557, 388, 354, 581, 357, 403, 457, 402, 598, 658, 476, 375, 453, 399, 506, 418, 404, 411, 534, 396, 619. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, Berger, and Seeger. Voting "No" None. Motion Passed 5 to 0. Meeting was adjourned at 8:25 p.m. ADJOURNMENT Minutes approved as submitted and/or corrected this 8th the day of D. arch , 1999. ATTEST: � ,-r- Tom Reid Mayor Page 15 of 15 - 2/22/1999 THIS PAGE LEFT INTENTIONALLY BLANK