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1996-12-17 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON DECEMBER 17, 1996, AT 6:00 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/Councilmember Jerry Richardson Councilmember Helen Beckman Councilmember Richard Tetens Councilmember Larry Wilkins Councilmember Kevin Cole City Manager Paul Grohman City Attorney Amy McCullough City Secretary Yolanda C. Benitez Others in attendance: Assistant City Manager Richard Burdine; City Engineer John Hargrove; Economic Development Director Glen Erwin; and Parks & Recreation Director Ed Hersh. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Richardson and the Pledge of Allegiance was led by Councilmember Wilkins. APPROVAL OF MINUTES Councilmember Tetens moved that the minutes of the Public Hearing held on November 25, 1996, 6:00 p.m., be approved as presented. The motion was seconded by Councilmember Richardson. Motion passed 5 to 0. Councilmember Tetens moved that the minutes of the Joint Public Hearing held on November 25, 1996, 6:30 p.m., be approved as presented. The motion was seconded by Councilmember Richardson. Motion passed 5 to 0. 2 2-9- Councilmember Tetens moved that the minutes of the Regular Meeting held on '^ November 25, 1996, 7:30 p.m., be approved as presented. The motion was seconded by Councilmember Richardson. Motion passed 5 to 0. Councilmember Richardson moved that the minutes of the Special Council Meeting held on December 5, 1996, 6:30 p.m., be approved as presented. The motion was seconded by Councilmember Cole. Motion passed 4 to 0, with Councilmember Tetens abstaining as he was absent from the meeting. Councilmember Richardson moved that the minutes of the Joint Public Hearing held on December 9, 1996, 6:00 p.m., be approved as presented. The motion was seconded by Councilmember Wilkins. Motion passed 4 to 0, with Councilmember Tetens abstaining as he was absent from that hearing. Councilmember Richardson moved that the minutes of the Special Council Meeting held on December 9, 1996, 7:00 p.m., be approved as presented. The motion was seconded by Councilmember Wilkins. Motion passed 4 to 0, with Councilmember Tetens abstaining as he was absent from that meeting. MAYOR'S ACTIVITY REPORT After obtaining Council concurrence, Mayor Reid stated that they would bypass the Mayor's Activity Report, as well as the Council Activity Report segment of the agenda. CITY MANAGER'S REPORT City Manager Paul Grohman stated that the groundbreaking of the Southwest Environmental Center was held at noon on Saturday, December 14th. City Manager Grohman and Mayor Tom Reid presented a plaque of appreciation to Glen Erwin denoting his "outstanding service and dedication to the citizens of Pearland" since he is leaving his role as Assistant City Manager and dedicating his time fully to the PEDC as its Executive Director. CITIZENS: None DOCKETED PUBLIC HEARING: None 0 UNFINISHED BUSINESS: SECOND READING OF ORDINANCE NO. 756 - 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; 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 (FM 518). Councilmember Beckman moved for the adoption of Ordinance No. 756 on its second and final reading. The motion was seconded by Councilmember Tetens. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" - None. Motion passed 5 to 0. SECOND READING OF ORDINANCE NO. 757 - 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; FINDING THAT A REINVESTMENT ZONE HAS BEEN CREATED PURSUANT TO ORDINANCE NO. 728 IN ACCORDANCE WITH THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT; FINDING THAT THE IMPROVEMENTS SOUGHT BY TEXAS HONING, INC. ("TEXAS HONING") IN SAID REINVESTMENT ZONE ARE FEASIBLE AND PRACTICAL AND WOULD BE A BENEFIT TO THE LAND IN THE ZONE AND THE MUNICIPALITY AFTER EXPIRATION OF THE TAX ABATEMENT AGREEMENT WHICH GRANTS TAX ABATEMENT TO TEXAS HONING; GRANTING A VARIANCE IN ACCORDANCE WITH SECTION 3(f) OF THE GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT; AND 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 moved for the adoption of Ordinance No. 757 on its second and final reading. The motion was seconded by Councilmember Cole. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" - None. Motion passed 5 to 0. Mayor Reid announced that the next three items would be read and acted upon together (Ordinance No. 509-102, Ordinance No. 509-103, and Ordinance No. 509-104). 231 SECOND READING OF ORDINANCE NO.509-102 - AN ORDINANCE 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 THAT PORTION OF THE 2 -FOOT FENCE RESERVE "E", BLOCK 2, OUT OF COBBLESTONE, A SUBDIVISION OF 36.074 ACRES AS RECORDED IN BRAZORIA COUNTY PLAT RECORDS, BRAZORIA COUNTY, TEXAS IN VOLUME 19, PAGES 323 AND 324 AS FOLLOWS: NORTH OF AND ADJACENT TO MULTI -FAMILY RESERVE "A" AND GENERAL BUSINESS RESERVE "B" OF THE AFOREMENTIONED SUBDIVISION AND SOUTH OF AND ADJACENT TO GENERAL BUSINESS RESERVE "B" OF THE AFOREMENTIONED SUBDIVISION AND WEST OF AND ADJACENT TO VETERANS ROAD (APPLICATION NO. 93) FROM CLASSIFICATION MULTI -FAMILY DWELLING DISTRICT (MF) TO SINGLE FAMILY DWELLING DISTRICT (R-2 PUD) ON THE REQUEST OF GERALD MUNGER, JR. OF CENTURY ENGINEERING, INC., AGENT FOR R&S LAND CO., INC., 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. SECOND READING OF ORDINANCE NO. 509-103 - AN ORDINANCE 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 TRACT 15 OF WESTCHESTER ESTATES, ACCORDING TO THE JACK C. MCKNIGHT SURVEY THEREOF DATED APRIL 6, 1962, A PARTITION OF SECTION 17, H.T.&B.R.R. COMPANY SURVEY, ABSTRACT 242, PATENTED TO SAMUEL MEYER, ASSIGNEE, BY PATENT NO. 15, VOLUME 12 (2726 WESTCHESTER CIRCLE - APPLICATION NO. 85) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) ON THE REQUEST OF DAVE E. AND DIANA RICKEY HAMM, 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. SECOND READING OF ORDINANCE NO. 509-104 - AN ORDINANCE 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 WEST SIXTY-SIX FEET (W. 66') OF LOT FIVE (5) AND THE ADJOINING EAST NINETY-FIVE FEET (E. 95') OF LOT SIX (6) OF THE PARTITION OF THE EAST ONE-HALF (E. 1/2) OF THE NORTHWEST ONE-QUARTER (NW. '/a) OF SECTION FIFTEEN (15) OF H.T.&B.R.R. CO. SURVEY, ABSTRACT 241 OF BRAZORIA COUNTY, TEXAS ACCORDING TO THE MAP OF RECORD IN VOLUME 441, PAGE 265 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, SAID MAP BEING -- CONFIRMED PER C/C JUDGEMENT RECORDED IN 593, PAGE 56 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS (6830 BROADWAY STREET - APPLICATION NO. 84) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) ON THE REQUEST OF CHARLES MALLYNN, III, 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 Richardson moved for the adoption of Ordinance No. 509-102, Ordinance No. 509-103, and Ordinance No. 509-104 on second and final reading. The motion was seconded by Councilmember Cole. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" - None. Motion passed 5 to 0. City Attorney Amy McCullough informed the Council that the following two items could be read and acted upon together as they were pertaining to the same project. SECOND READING OF ORDINANCE NO. 509-105 - AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS AMENDING SECTION 22.17 OF THE LAND USE AND URBAN DEVELOPMENT ORDINANCE, NO. 509, AS AMENDED, OF THE CITY OF PEARLAND CODE OF ORDINANCES, TO ALLOW FOR A COMPREHENSIVE SUBDIVISION DIRECTIONAL SIGNS PROGRAM AS AN ALTERNATIVE TO THE CURRENT BUILDER/SUBDIVISION AND SUBDIVISION IDENTIFICATION SIGNS PROVISION; (APPLICATION NO. 105) PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. SECOND READING OF ORDINANCE NO. 509-106 - AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE, NO. 509, AS AMENDED, OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF GRANTING A SPECIFIC USE PERMIT (SPECIFIC USE NO. 46) TO ALLOW FOR THE ERECTION OF COMMUNITY ENTRY GROUND SIGNS, SUBDIVISION DIRECTIONAL SIGNS, AND NEW HOME INFORMATION CENTER SIGNS, IN ACCORDANCE WITH THE CITY'S COMPREHENSIVE SUBDIVISION DIRECTIONAL SIGNS PROGRAM SET FORTH IN SECTION 22.17(2) OF ORDINANCE NO. 509, AS AMENDED; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND OTHER PROVISIONS RELATED TO THE SUBJECT. Councilmember Wilkins moved for the adoption of Ordinance No. 509-105 and Ordinance No. 509-106 on their second and final readings. The motion was seconded by Councilmember Cole. Ms. Renee West, West Development, displayed the signs for the Council, staff and audience and pointed out the areas where the signs will be erected. 233 Voting "Aye" - Councilmembers Cole, Wilkins,. Richardson, Tetens and Beckman. Voting "No" - None. Motion passed 5 to 0. NEW BUSINESS: RESOLUTION NO. R96-60 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A TAX ABATEMENT AGREEMENT WITH TEXAS HONING, INC. ("TEXAS HONING") FOR PURPOSES OF ABATING THE INCREASED VALUE OF THE PROPERTY OWNED BY TEXAS HONING ON MYKAWA ROAD WITHIN THE CITY LIMITS OF PEARLAND AT A RATE OF FIFTY PERCENT (50%) ANNUALLY FOR A PERIOD OF SEVEN (7) YEARS BEGINNING JANUARY 1, 1997 AND ENDING DECEMBER 31, 2003; 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. 728, WHICH ESTABLISHED A REINVESTMENT ZONE, ORDINANCE NO. 757, WHICH AUTHORIZED TAXABATEMENT, AND THE GUIDELINES AND CRITERIA FOR GOVERNING REINVESTMENT ZONES AND TAX ABATEMENT AGREEMENTS SET FORTH IN RESOLUTION NO. R96-12. Councilmember Cole moved for the adoption of Resolution No. R96-60. Councilmember Tetens seconded the motion. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" - None. Motion passed 5 to 0. Mayor Reid requested that Councilmember Cole read Items #2, #5, #6 and #7 into the record for consideration and action by the Council (Ordinance No. 509-107, Ordinance No. 509-108, Ordinance No. 509-109, and Ordinance No. 509-110). FIRST READING OF ORDINANCE NO. 509-107 - AN ORDINANCE 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 A 9.014 ACRE TRACT OF LAND IN THE NORTHWEST 1/4 OF THE NORTHWEST 1/40F THE H.T.&B.R.R. COMPANY SURVEY, SECTION 17, ABSTRACT 242, BRAZORIA COUNTY, TEXAS (8210 BROADWAY - APPLICATION NO. 94) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) ON THE REQUEST OF JAMES MEDEARIS, 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. FIRST READING OF ORDINANCE NO. 509-108 - AN ORDINANCE 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 TO ALLOW A SINGLE FAMILY HOUSE WITH A BARN, HAY PASTURE, AND TWO TO THREE HORSES IN A SUBURBAN DEVELOPMENT DISTRICT -BUSINESS COMPATIBLE ON 18.4 ACRES OUT OF THE T.D. YOCUM SURVEY, Z-399 AND THE A.C.H.&B. SURVEY, A-147, BRAZORIA COUNTY, TEXAS (JOHN LIZER ROAD - SPECIFIC USE NO. 47) AT THE REQUEST OF DAN M. WORRALL, 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. FIRST READING OF ORDINANCE NO. 509-109 - AN ORDINANCE 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 EAST 10.0 FEET OF LOT 7 AND THE WEST 70 FEET OF LOT 6 OF THE PARTITION OF THE MAHANAY LANDS, H.T.&B.R.R. CO. SURVEY, SECTION 15, ABSTRACT 241, BRAZORIA COUNTY, TEXAS (6834 BROADWAY - APPLICATION NO. 97) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) ON THE REQUEST OF ALLEN PATSCHKE, 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. FIRST READING OF ORDINANCE NO. 509-110 - AN ORDINANCE 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 TO ALLOW AN EXISTING SINGLE FAMILY DWELLING IN A GENERAL BUSINESS DISTRICT ON THE EAST 10.0 FEET OF LOT 7 AND THE WEST 70 FEET OF LOT 6 OF THE PARTITION OF THE MAHANAY LANDS, H.T.&B.R.R. CO. SURVEY, SECTION 15, ABSTRACT 241, BRAZORIA COUNTY, TEXAS (6834 BROADWAY - SPECIFIC USE NO. 48) ON THE REQUEST OF ALLEN PATSCHKE, 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 Cole moved for the adoption of Ordinance No. 509-107, Ordinance No. 509-108, Ordinance No. 509-109, and Ordinance No. 509-110 on their first of two readings. The motion was seconded by Councilmember Tetens. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" - None. Motion passed 5 to 0. At this point, Mayor Reid returned to Item #3 on the Agenda. ACCEPT RECOMMENDATION OF PEARLAND PLANNING & ZONING COMMISSION TO DENY APPLICATION SUBMITTED BY LEO J. GABRIEL, III, OWNER, (APPLICATION NO. 95), REQUESTING ZONE CHANGE FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C). Mayor Reid read the letter of recommendation to deny Application No. 95 which was submitted by the Planning & Zoning Commission. Councilmember Beckman moved to accept the recommendation of the Pearland Planning & Zoning Commission to deny Application No. 95. The motion was seconded by Councilmember Tetens. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" - None. Motion passed 5 to 0. ACCEPT RECOMMENDATION OF PEARLAND PLANNING & ZONING COMMISSION TO DENY APPLICATION SUBMITTED BY RUDOLPH AND RANDY MARTINEZ, OWNERS, (APPLICATION NO. 96), REQUESTING ZONE CHANGE FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C). Mayor Reid read the letter of recommendation from the Planning & Zoning Commission concerning the denial of Application No. 96. Councilmember Cole moved to accept the recommendation of the Pearland Planning & Zoning Commission to deny Application No. 96. The motion was seconded by Councilmember Richardson. CITIZENS: 1. Mary Martinez - 6913 Broadway. Mrs. Martinez stated that she and her husband were not able to attend the November 25th public hearing because Mr. Martinez had just undergone surgery. She pointed out that the surrounding properties. have been approved as Commercial and requested that Council reconsider their zone application in light of this fact. She also noted that they had requested Commercial zoning since the surrounding property owners were requesting that same zoning. Assistant City Manager Burdine stated that this had been a close vote, and that the issue ) (r�� Ar. was whether the property owners could get by with General Business zoning rather than Commercial. He stated that he had recommended that the Planning & Zoning Commission deny this application, and recommended that Council deny the application, as well. Councilmember Wilkins requested clarification with regard to the actual zoning of the area surrounding the Martinez property. Mr. Burdine stated that there is commercial and suburban development zoning surrounding the property in question. 2. Rudolph Martinez - 6913 Broadway. At Council's request, Mr. Martinez pointed out the surrounding businesses that have been rezoned Commercial on the map. He stated he did not understand why his application had been turned down when others around him had been approved. 3. Cindy Martinez - . Mrs. Martinez addressed Council to request clarification with regard to why the businesses surrounding their business received approval of their zone applications and their application was being turned down. She stated that they were interested in knowing the reason for their denial. Assistant City Manager Burdine retracted his earlier statement regarding his recommendation to deny Application No. 96, and stated that he had recommended that this application be approved, but the Planning and Zoning Commission had denied it. He noted that he did not know what the reasons were for their denial. After additional discussion, Councilmember Richardson made a motion to table this item in order to obtain additional information. The motion was seconded by Councilmember Tetens. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" - None. Motion passed 5 to 0. ACCEPT RECOMMENDATION OF PEARLAND PLANNING & ZONING COMMISSION TO DENY APPLICATION SUBMITTED BY JOSEPHINE M. LEGGIO, OWNER, (APPLICATION NO. 98), REQUESTING ZONE CHANGE FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C). Councilmember Wilkins moved to accept the recommendation of the Pearland Planning & Zoning Commission to deny Application No. 98. The motion was seconded by Councilmember Cole. Mayor Reid read the letter of recommendation to deny Application No. 98 submitted by the Planning & Zoning Commission. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. 237 Voting "No" - None. Motion passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-111 - AN ORDINANCE 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 NO. 32 OF WESTCHESTER ESTATES, ACCORDING TO THE JACK C. MCKNIGHT SURVEY THEREOF DATED APRIL 18, 1962, A PARTITION OF THE H.T.&B. RAILROAD SURVEY, ABSTRACT 242, IN BRAZORIA COUNTY, TEXAS (2738 MANVEL ROAD - APPLICATION NO. 99) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) ON THE REQUEST OF LORENE LLEWELLYN, 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. FIRST READING OF ORDINANCE NO. 509-112 - AN ORDINANCE 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 NO. 31 OF WESTCHESTER ESTATES, ACCORDING TO THE JACK C. MCKNIGHT SURVEY THEREOF DATED APRIL 6, 1962, A PARTITION OF THE H.T.&B. RAILROAD SURVEY, ABSTRACT 242, IN BRAZORIA COUNTY, TEXAS (2738 MANVEL ROAD - APPLICATION NO. 100) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) ON THE REQUEST OF LORENE LLEWELLYN, 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 Richardson moved for the adoption of Ordinance No. 509-111 and Ordinance No. 509-112 on first reading. The motion was seconded by Councilmember Tetens. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" - None. Motion passed 5 to 0. ACCEPT RECOMMENDATION OF PEARLAND PLANNING & ZONING COMMISSION TO DENY APPLICATION SUBMITTED BY FRED C. HERNANDEZ, AGENT FOR JOSE C. RODRIGUEZ, OWNER, (APPLICATION NO. 101), REQUESTING ZONE CHANGE FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL ,2 DISTRICT (C). Councilmember Cole moved to accept the recommendation of the Planning and Zoning Commission to deny Application No. 101. The motion was seconded by Councilmember Richardson. Mayor Reid read the letter of recommendation from the Planning & Zoning Commission to deny Application No. 101. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" - None. Motion passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-113 - AN ORDINANCE 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 A - A 0.6878 TRACT OF LAND OUT OF A 1.555 ACRE TRACT OUT OF THE SOUTHWEST CORNER OF LOT 32 OF THE ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION OF SECTION 9, H.T.&B.R.R. CO. SURVEY, A-234, BRAZORIA COUNTY, TEXAS (2641 MAX ROAD - APPLICATION NO. 102) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) ON THE REQUEST OF JOE AND FRANCES SORIA, 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 moved for the adoption of Ordinance No. 509-113 on its first of two readings. The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" - None. Motion passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-114 - AN ORDINANCE 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 1 - 0.1433 ACRES, TRACT 2 - 0.1967 ACRES AND TRACT 3 - 0.4419 ACRES OF LAND OUT OF 0.7819 ACRES OUT OF 2.00 ACRES OF LAND, BEING OUT OF THE WEST'/2 OF THE NORTHWEST 1/a OF THE H.T.&B.R.R. CO. SURVEY, A- 241, BRAZORIA COUNTY,TEXAS (7126 BROADWAY - APPLICATION NO. 103) FROM 239 CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) ON THE REQUEST OF RICHARD L. SPRADLEY, 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 moved for the adoption of Ordinance No. 509-114 on its first reading. The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" - None. Motion passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-115 - AN ORDINANCE 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 5, BLOCK 3, OF SKYWAY MANOR OF THE H.T.&B.R.R. CO. SURVEY, (2751 MANVEL ROAD - APPLICATION NO. 104) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) ON THE REQUEST OF JESSE GALLEGOS, 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 Cole moved to deny Ordinance No. 509-115 on first reading. The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson and Beckman. Voting "No" - Councilmember Tetens. Motion passed 4 to 1 to deny Ordinance No. 509-115. FIRST READING OF ORDINANCE NO. 762 - 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; 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 (SH 288). Councilmember Wilkins moved for the adoption of Ordinance No. 762 on first reading. The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" - None. Motion passed 5 to 0. AWARD OF BID NO. B96-24 - 1 -TON CAB & CHASSIS Assistant City Manager Burdine presented this item for Council consideration. He recommendation that Bid No. B96-24 be awarded to the lowest qualified bidder, which was Philpot Ford in the amount of $23,791. There were two bids which were lower; however, they did not meet specifications in several important areas. Councilmember Tetens moved to award Bid No. B96-24 to Philpot Ford in the amount of $23,791. The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R96-59 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER TO APPLY FOR A GRANTAND EXECUTE ALL AGREEMENTS ASSOCIATED WITH THE TEXAS PARKS AND WILDLIFE COMMUNITY OUTREACH PROGRAM AND GIVING NECESSARY ASSURANCES REGARDING THE COST SHARE OF THE PROJECT. Councilmember Wilkins moved for the adoption of Resolution No. R96-59. The motion was seconded by Councilmember Cole. City Manager Grohman stated that this grant is for approximately $11,000 which will allow 25 low-income, "at -risk", children (between the ages of 5-12) to attend the City's Summer camp. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" - None. Motion passed 5 to 0. FIRST READING OF ORDINANCE NO. 763 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION 21-22, OIL AND GAS, OF 241 THE CITY OF PEARLAND CODE OF ORDINANCES, AS THE SAME MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, FOR THE PURPOSE OF CLARIFYING ALLOWABLE DRILLING SITES AND RECOGNIZING RECORDED DRILL SITES; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Councilmember Richardson moved for the adoption of Ordinance No. 763 on first reading. The motion was seconded by Councilmember Cole. City Attorney Amy McCullough stated that this Ordinance was being submitted for Council consideration and approval in order to amend a portion of the Oil and Gas ordinance which had been revised earlier in the year. She further noted that this ordinance would prevent drilling from taking place in parking lots, or directly adjacent to schools. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" - None. Motion passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 764 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING PUBLIC CONVENIENCE AND NECESSITY FOR A PUBLIC WORKS PROJECT, KNOWN AS THE LONGWOOD WASTEWATER TREATMENT PLANT EXPANSION; AUTHORIZING THE CITY ATTORNEY, OR HER DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE BUFFER ZONE EASEMENTS ON PROPERTY LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; DECLARING AN EMERGENCY, BECAUSE EXPANDING THE CITY'S LONGWOOD WASTEWATER TREATMENT PLANT BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Councilmember Tetens moved for the adoption of Ordinance No. 764 on its first and only reading. The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" - None Motion passed 5 to 0. RESOLUTION NO. R96-61 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING RESOLUTION NO. R96-46AND RESCINDING THETAX ABATEMENT AGREEMENT BETWEEN THE CITY OF PEARLAND AND KEMLON PRODUCTS & DEVELOPMENT CO./WHK FAMILY INTERESTS PARTNERSHIP LTD., AS THESE MAY HAVE BEEN FROM TIME TO TIME AMENDED; HAVING A REPEALER CLAUSE AND A SAVINGS CLAUSE. Councilmember Beckman moved for the adoption of Resolution No. R96-61. The motion was seconded by Councilmember Tetens. City Manager Grohman stated that this resolution was being submitted for Council consideration at the request of the owner as they have not yet been able to negotiate a tax abatement contract with Brazoria County. Mr. Grohman stated that their request is to rescind the abatement agreement presently on the books, and after January 1, they will bring a revised tax abatement agreement back for Council consideration and approval. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R96-62 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, GRANTING AN EASEMENT TO HOUSTON LIGHTING AND POWER COMPANY FOR INSTALLATION OF ELECTRIC DISTRIBUTION FACILITIES AT HERITAGE PARK PLAZA AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SAID AGREEMENT. Councilmember Cole moved for the adoption of Resolution No. R96-62. The motion was seconded by Councilmember Tetens. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" - None. Motion passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 765 - 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 EAST MAGNOLIA ELMS DRIVE IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH MAGNOLIA OAKS DRIVE, (MAGNOLIA PLACE, PHASE IIA); 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 STOP SIGNS AT INTERSECTIONS INURES TO THE BENEFIT OF THE TRAVELLING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. 2.4- 3 Councilmember Wilkins moved for the adoption of Ordinance No. 765 on its first and only reading. The motion was seconded by Councilmember Tetens. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R96-63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ASSIGNING THE AUTHORITY TO ISSUE QUALIFIED MORTGAGE REVENUE BONDS TO BRAZORIA COUNTY AS A SPONSORING POLITICAL SUBDIVISION OF THE SOUTHEAST TEXAS HOUSING FINANCE CORPORATION. Councilmember Richardson moved for the adoption of Resolution No. R96-63. The motion was seconded by Councilmember Cole. City Attorney Amy McCullough presented this item for Council consideration and stated that the Southeast Texas Housing Finance Corporation issues mortgage bonds on behalf of Brazoria County, and because we are in the county's jurisdiction and our population has been raised above 20,000, we are now obligated to authorize the County to act on our behalf. According to the Southeast Housing Finance Corporation, we are not obligated to go this route if we want to grant our own housing finance corporation and issue mortgage bonds on our own. Ms. McCullough further noted that the Corporation represents all of the cities in Southeast Texas, and their are Pearland residents who use this service. She added that if Council chose not to pass this resolution, then the citizens cannot participate in the program. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R96-64 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A COOPERATIVE AGREEMENT WITH PEARLAND LITTLE LEAGUE BASEBALL, INC. TO ASSIST THE LEAGUE IN PROVIDING SPORTS ACTIVITIES FOR THE CHILDREN OF PEARLAND, BY FURNISHING LIGHT FIXTURES FOR THE PLAYING FIELDS. Councilmember Tetens moved for the adoption of Resolution No. R96-64 and noted that he was making the motion for the purpose of opening the floor for discussion. The motion was seconded by Councilmember Richardson. Councilmember Tetens stated that he is still opposed to this action because he feels it is inappropriate for the City to spend taxpayers money outside the City. Councilmember Wilkins concurred with his comments. Councilmember Cole spoke on behalf of the resolution. He pointed out that the amount of the contract is only one portion of the amount that the Little League is needing for the lighting of their softball fields. Councilmember Richardson spoke on behalf of the Pearland Little League request and stated that the City would receive value through this contract. Councilmember Tetens pointed out that he was not against the Pearland Little League; however, he did not feel that it was proper to spend taxpayers money on organizations outside the Pearland city limits. Voting "Aye" - Councilmembers Cole, Richardson and Beckman. Voting "No" - Councilmembers Wilkins and Tetens. Motion passed 3 to 2. RESOLUTION NO. R96-65 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A DEVELOPMENT AGREEMENT WITH PEARLAND PLAZA PARTNERS, ATEXAS GENERAL PARTNERSHIP, FOR OVERSIZE CONSTRUCTION OF A WATER MAIN AND SANITARY SEWER FACILITIES TO SERVE A SHOPPING CENTER SITE AND. OTHER PROPERTIES IN THE VICINITY OF THE INTERSECTION OF BROADWAY (FM 518) AND OLD MANVEL ROAD (FM 1128) AND CONCRETE PAVEMENT OF A THOROUGHFARE EXTENDING INTO THE SITE. Councilmember Beckman moved for the adoption of Resolution No. R96-65. The motion was seconded by Councilmember Richardson. Assistant City Manager Burdine requested a change in the agreement on Item #5 concerning the addition of the words "in the event Partners decline upon the shortfall". Mr. Burdine also requested that Item #7 be deleted. He pointed out that Item #16 was a bit extreme, and he requested authority to negotiate this portion of the agreement. Councilmember Beckman amended her motion to include the modifications as stated by Mr. Burdine. Councilmember Richardson amended his second accordingly. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" - None. Motion passed 5 to 0. 245 APPROVAL OF MAGNOLIA PLACE SUBDIVISION EXPANSION. City Engineer John Hargrove recommended approval of the Magnolia Place Subdivision Expansion. Councilmember Beckman moved for the approval of the Magnolia Place Subdivision Expansion. The motion was seconded by Councilmember Wilkins. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" - None. Motion passed 5 to 0. AUTHORIZE THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION TO EXPEND FUNDS IN EXCESS OF $100,000 FOR THE PUBLIC PROJECT KNOWN AS THE MYK4WA/SH35 CONNECTOR AND RAILROAD OVERPASS PROJECT, IN ACCORDANCE WITH THE DEVELOPMENT CORPORATION ACT OF 1979, AS AMENDED, AND THE PEDC CORPORATE BYLAWS. Councilmember Richardson moved to authorize the PEDC to expend funds in excess of $100,000 for the public project known as the Mykawa/SH35 Connector and Railroad Overpass Project. The motion was seconded by Councilmember Cole. City Manager Grohman stated that the estimated cost of this project is approximately $3.5 million. He emphasized the need for the implementation of this project. Voting "Aye" - Councilmembers Beckman, Tetens, Richardson, Wilkins and Cole. Voting "No" - None. Motion passed 5 to 0. ACCEPTANCE OF OAKBROOK ESTATES, SECTION TWO. Councilmember Wilkins moved for the acceptance of Oakbrook Estates, Section Two. The motion was seconded by Councilmember Richardson. City Engineer John Hargrove recommended acceptance of Oakbrook Estates, Section Two, without considerations. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens and Beckman. Voting "No" - None. Motion passed 5 to 0. 246 EXCUSE ABSENCE OF COUNCILMEMBER RICHARD TETENS FROM THE SPECIAL COUNCIL MEETING HELD ON DECEMBER 5, 1996, THE JOINT PUBLIC HEARING HELD ON DECEMBER 9, 1996, AND THE SPECIAL COUNCIL MEETING HELD ON DECEMBER 9, 1996. Councilmember Richardson moved to excuse Councilmember Tetens from the Special Council Meetings held on December 5, 1996 and December 9, 1996 and from the Joint Public Hearing held on December 9, 1996. The motion was seconded by Councilmember Cole. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson and Beckman. Voting "No" - None. Motion passed 4 to 0, Councilmember Tetens abstained. OTHER BUSINESS: None. ADJOURNMENT Meeting was adjourned at 7:45 p.m. Minutes approved as submitted and/or corrected this the day of A. D., 1997. lirn� -�cJ Tom Reid Mayor ATTEST: Yon a C. Benitez Ci y Secretary