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1999-09-13 CITY COUNCIL REGULAR MEETING MINUTESME MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON SEPTEMBER 13, 1999, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Tom Reid Mayor Pro -Tem William Berger Councilmember Helen Beckman Councilmember Richard Tetens Councilmember Klaus Seeger City Manager Glen Erwin City Attorney Darrin Coker City Secretary Young Lorfing Absent: Councilmember Larry Wilkins Others in attendance: Sr. Project Manager Alan Mueller; Police Chief J.C. Doyle; City EngineerJohn Hargrove; Chief Building Official GeneTumlinson; Directorof Finance David Castillo; Parks and Recreation Director Ed Hersh; Public Works Director Jerry Burns; Assistant City Attorney Nghiem Doan; Fire Marshal Larry Steed; Utilities Accounts Supervisor Missy Miller; Grants Coordinator Chris Kidwell. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Beckman, and the Pledge of Allegiance was led by Councilmember Seeger. APPROVAL OF MINUTES Councilmember Tetens made the motion, seconded by Councilmember Beckman, to approve the minutes of the August 23, 1999, Joint Public Hearing held at 6:30 p.m.; the minutes of the August 23, 1999, Regular Council Meeting held at 7:30 p.m.; the minutes of the August 30, 1999, Public Hearing held at 7:15 p.m.; the minutes of the August 30, 1999, Special Meeting held at 7:30 p.m.; the minutes of the September 7, 1999, Joint Public Hearing held at 7:00 p.m. Voting "Aye" Councilmembers Seeger, Berger, Tetens, and Beckman. Page 1 of 25 - 9/13/1999 Voting "No" None. Motion passed 4 to 0, with Councilmember Wilkins absent. MAYOR'S ACTIVITY REPORT Mayor Reid reported on August 25 he attended the Chamber Golf Tournament meeting; August 25 through 27 he attended the TML Risk Pool Finance Committee Meeting in Austin; September 2 he attended the Chamber Ribbon Cutting for the Walsh Building and was the speaker at the South Houston Shriners Club Meeting; September 7 he attended the AARP Monthly Meeting, PTSD Education Improvement Committee Meeting, and the City Council Public Hearing; September 8 he met with Weatherford Management; September 9 he attended three Chamber Ribbon Cuttings; September 10 he attended the Chambers "Good Morning" Breakfast meeting. COUNCIL ACTIVITY REPORTS Councilmember Beckman passed on her report. Councilmember Tetens reported that on Saturday there was a citywide clean up and there was an excellent turn out for this event. Mayor Pro -Tem Berger stated that he did not have anything to add. Councilmember Seeger stated that he also passes on his report. CITY MANAGER'S REPORT City Manager, Glen Erwin, reported that on Saturday, September 25, 1999 from 5:00 p.m. to 7:00 p.m. will be opening celebration of the Mykawa Road Overpass. CITIZENS Neil West, 2218 Country Club Dr., representing the Green Tee Homeowners, addressed Council and presented the Mayor and Council with a petition signed by 420 Green Tee Terrace Homeowners and 94 homeowners from the surrounding areas. The petition asks for three things; First, A Scarsdale -Yost Road Connection. Second, Drainage and Flood Control Work in Green Tee. Lastly to abandon the proposed work on Country Club Drive at Clear Creek. There is a strong sentiment for these positions in Green Tee Terrace and the surrounding areas and we would encourage your favorable consideration on all three Page 2 of 25 - 9/13/1999 083 positions. There is also a strong support for the Scarsdale -Yost Road connection in the educational and emergency care communities. In addition, Commissioner EI Franco Lee has long -ago agreed to construct the Harris County portion of Scarsdale including a bridge over Clear Creek. In closing Mr. West stated the Homeowners believe that the requests petitioned are progressive and in the best interest of all Pearland Citizens. Dennis Kos, 2301 Eagles Way, addressed Council and stated gave a brief history of his reasons by he and his family selected to reside in Green Tee. He had concerns regarding the traffic on his street and in the entire subdivision. He further stated that he does support the Scarsdale Extension, and also strongly supports something being done with the traffic, and would even support the construction of speed bumps. Joanne Juren, 2115 Tipperary, addressed Council and stated that she is Mr. Kos's neighbor and for the last nine years she has lost cats, almost been hit, she has seen neighbors' trees hit and almost knocked into their houses. Ms. Juren further expresses her concerns regarding the traffic. She asked the Council to listen to the voice of the majority and not to the voice of the minority. In closing she also stated that she is in full support of the Scarsdale -Yost Road extension. Jack E. Ashenfelder, 2422 Londonderry, addressed Council and stated that he cannot add much more than what has already been said. He asked the Council and Mayor to stand up and state their reason why they are for or against the extension of Scarsdale. Mayor Reid stated that he is following an agenda and it is not a question and answer session, it is for comments. DOCKETED PUBLIC HEARINGS: None. CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 919 - AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999, AND ENDING SEPTEMBER 30, 2000. B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 920 - AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING Page 3 of 25 - 9/13/1999 MM FUND OF THE TAXABLE YEAR 1999, AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE. C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 181- 7 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 12, GARBAGE AND TRASH, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO ADD SECTION 12- 32 TO REGULATE GARBAGE COLLECTION IN MOBILE HOME PARKS AND TO ASSESS CHARGES THEREFOR; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Councilmember Councilmember Beckman made the motion, seconded by Mayor Pro - Tem Berger to approve Ordinance Nos. 919, 920, and 181-7, on their second and final reading. Voting "Aye" Councilmembers Beckman, Tetens, Berger, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. MATTERS REMOVED FROM CONSENT AGENDA D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-268 -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 3305 ACRES OF LAND, MORE OR LESS, LOCATED IN THE DUPUY AND ROBERTS SURVEY, A-726, BRAZORIA CO.; J. CRAWLEY SURVEY, A-174, BRAZORIA CO.; WILLIAM MORRIS SURVEY, A-344, BRAZORIA CO.; T.C.R.R. CO. SURVEY, SECTION 3, A-678, BRAZORIA COUNTY; T.C.R.R. CO. SURVEY, SECTION 4 (JOHN W. MAXCY), A-675, BRAZORIACO.; OBEDIAH PITTS SURVEY, A-717, BRAZORIACO.; H.T. & B.R.R. CO. SURVEY, SECTION 80 (J.S. TALMAGE), A-564, BRAZORIA CO.; H.T. & B.R.R. CO. SURVEY, SECTION 81, A-300, BRAZORIA CO.; H.T. & B.R.R. CO. SURVEY, SECTION 82 (J.S. TALMAGE), A-565, BRAZORIA CO.; H.T. & B.R.R. Page 4 of 25 - 9/13/1999 085 CO. SURVEY, SECTION 83, A-305 IN BRAZORIA CO. AND A-761 IN FORT BEND CO.; H.T. & B.R.R. CO. SURVEY, SECTION 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 PEARLAND INVESTMENTS LIMITED PARTNERSHIP, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Councilmember Councilmember Tetens made the motion, seconded by Councilmember Beckman to approve Ordinance Nos. 509-268, on its second and final reading. City Attorney, Darrin Coker, stated that the acreage in the caption needs to be changed to read 3305 instead of 3333. Voting "Aye" Councilmembers Seeger, Berger, Tetens, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. NEW BUSINESS COUNCIL ACTION - RESOLUTION NO. R99-66 - 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, FOR DEVELOPMENT OF SHADOW CREEK RANCH IN CONNECTION WITH TAX INCREMENT FINANCING REINVESTMENT ZONE NUMBER TWO. Page 5 of 25 - 9/13/1999 Im Councilmember Berger made the motion, seconded by Councilmember Tetens, to approve Resolution No. R99-66. City Manager, Glen Erwin, reported that many hours have been put into this agreement and it is ready for Council's consideration. Mayor Reid stated that we have a "yeoman's job" of straightening out something that we have been working on about a year, and we are drawing close to the finalization and starting the development. Mayor Reid introduced the Developers of Shadow Creek Ranch Mark Collins and Gary Cook. Voting "Aye" Councilmembers Beckman, Tetens, Berger, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. COUNCIL ACTION - TWO APPOINTMENTS TO THE PARKS RECREATION AND BEAUTIFICATION BOARD. Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Berger to appoint Kenneth Geyer and Paul Habermaus to the Parks Recreation and Beautification Board. Voting "Aye" Councilmembers Beckman, Tetens, Berger, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. COUNCIL ACTION - AUTHORIZE CITY MANAGER OR HIS DESIGNEE TO EXTEND THE CONTRACT FOR ONE ADDITIONAL YEAR WITH NULL LAIRSON CERTIFIED PUBLIC ACCOUNTS TO CONDUCT THE CITY'S AUDIT. Councilmember Beckman made the motion, seconded by Councilmember Tetens to authorize City Manager or his designee to extend the contract for one additional year with Null Lairson Certified Public Accounts to conduct the City's audit. City Manager, Glen Erwin, stated that Null Lairson has done the audit for the City for a number of years, and we have been very pleased with the work that they have done. Page 6 of 25 - 9/13/1999 087 They are also working with us on other long range issues, and so he is asking that he be allowed to enter into another one year extension of the agreement with them. Voting "Aye' Councilmembers Seeger, Berger, Tetens, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. COUNCIL ACTION - RESOLUTION NO. R99-64 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 5 AUTHORIZING THE ISSUANCE OF $2,300,000, UNLIMITED TAX BONDS, SERIES 1999. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Berger, to approve Resolution No. R99-64. City Manager, Glen Erwin, stated that utility districts within the extraterritorial jurisdiction that wishe to issue bonds should to come to the City to seek approval. Mr. Erwin asked Council to adopt the resolution. Voting "Aye' Councilmembers Seeger, Berger, Tetens, and Beckman. Voting "No" None, with Councilmember Wilkins absent. Motion Passed 4 to 0. COUNCIL ACTION - RESOLUTION NO. R99-67 - 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 RAVENWOOD SECTION TWO, LTD., A TEXAS LIMITED PARTNERSHIP, FOR CONSTRUCTION OF A WATER MAIN, SANITARY SEWER MAIN, AND NECESSARY APPURTENANCES ASSOCIATED WITH RAVENWOOD SECTION TWO. Mayor Pro -Tem Berger made the motion, seconded by Councilmember Tetens, to approve Resolution No. R99-67. City Manager, Glen Erwin, stated that this is an oversize agreement for utilities for Ravenwood Section Two. This is a common practice that the City enters into. Sr. Project Manger, Alan Mueller, gave an overview of the project. Page 7 of 25 - 9/13/1999 om Voting "Aye" Councilmembers Seeger, Berger, Tetens, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. COUNCIL ACTION - RESOLUTION NO. R99-65 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ENDORSING THE CONCEPTUAL ALIGNMENT OF PEARLAND PARKWAY/BRITTANY BAY AND REQUESTING THE TEXAS DEPARTMENT OF TRANSPORTATION AND THE TRANSPORTATION POLICY COUNCIL TO ESTIMATE THE NON-FEDERAL COSTS FOR THE PRELIMINARY ENGINEERING/ENVIRONMENTAL ASSESSMENT IN ORDER THAT THE LOCAL ENTITIES MAY SUBMIT THE PROJECT AS A CANDIDATE FOR FUNDING IN FISCAL YEAR 2001. Councilmember Seeger made the motion, seconded by Councilmember Beckman, to approve Resolution No. R99-65. City Manager, Glen Erwin, stated that Galveston County Judge Yarborough has asked the City to endorse the conceptual alignment of these two roads, and would hope that council would approve that. Mayor Reid gave a brief overview of the two roads and the benefit of having a regional loop of the two roads and the benefits it will be for the traveling public. Voting "Aye" Councilmembers Beckman, Tetens, Berger, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. COUNCIL ACTION - RESOLUTION NO. R99-68 - A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A COOPERATION AGREEMENT WITH BRAZORIA COUNTY PROVIDING NOTICE REQUIREMENTS PRIOR TO THE ISSUANCE OF ANY NOTES OR BONDS ASSOCIATED WITH CITY OF PEARLAND TAX INCREMENT REINVESTMENT ZONE NUMBER TWO. Councilmember Beckman made the motion, seconded by Councilmember Tetens, to approve Resolution No. R99-68. Page 8 of 25 - 9/13/1999 City Manager, Glen Erwin, stated that we did enter into an interlocal agreement with Brazoria County regarding the Shadow Creek Ranch Development. After reviewing their agreement they has another request of us pertinent to the issuance of bonds. Voting "Aye" Councilmembers Beckman, Tetens, Berger, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. FIRST AND ONLY READING OF ORDINANCE NO. 926 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RECOGNIZING SMITH MILLER ROAD AS BEING LOCATED WITHIN THE CITY FROM THE INTERSECTION OF THE EASTERN RIGHT-OF-WAY LINE OF STATE HIGHWAY 288 AND FM 518 WEST TO THE INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF COUNTY ROAD 48 (OR AIRLINE ROAD, NORTH); RENAMING SAID SECTION OF SMITH MILLER ROAD AS BROADWAY STREET; AND ESTABLISHING A SPEED LIMIT ON SAID SECTION OF BROADWAY STREET AT 30 MILES PER HOUR; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED FOR SPEED LIMIT SIGNS IN THIS AREA INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Councilmember Tetens made the motion, seconded by Councilmember Beckman to approve Ordinance No. 926 on its first and only reading. Voting "Aye' Councilmembers Seeger, Berger, Tetens, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. COUNCIL ACTION - RESOLUTION NO. R99-63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ASSIGNING THE AUTHORITY TO ISSUE SINGLE FAMILY MORTGAGE REVENUE BONDS TO BRAZORIA COUNTY AS A SPONSORING POLITICAL SUBDIVISION OF THE SOUTHEAST TEXAS HOUSING FINANCE CORPORATION. Page 9 of 25 - 9/13/1999 090 Mayor Pro -Tem Berger made the motion, seconded by Councilmember Tetens, to approve Resolution No. R99-63. City Manager, Glen Erwin, stated this is an item we take care of on a regular basis, this gives the County the authority to issue these revenue bonds. Mr. Erwin recommended the approval of this resolution. Voting "Aye' Councilmembers Seeger, Berger, Tetens, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. COUNCIL ACTION - MOTION TO REMOVE FROM TABLE ORDINANCE NO. 509-312. Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Berger to remove Ordinance No. 509-312 from the table. Voting "Aye" Councilmembers Seeger, Berger, Tetens, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. FIRST READING OF ORDINANCE NO. 509-312 - 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 TRACT 1: THE EAST ''Y2 OF LOT 64 & TRACT 2: THE EAST YY OF LOT 63, SECTION 9, H.T. & B.R.R. CO. SURVEY, A-234, RECORDED IN VOLUME 13, PAGE 615 DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 642) (14610 ROY ROAD) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF FRANCES POWELL ADAMS, 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 Mayor Pro -Tem Berger, to approve Ordinance No. 509-312 (Application No. 642) on its first reading. Page 10 of 25 - 9/13/1999 Oil Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 642. Chief Building Official, Gene Tumlinson, stated that the owner is requesting Commercial because of the need for outside storage. Councilmember Tetens stated that this is another situation we are "shooting ourselves in the foot" making it Commercial because we do not change the ordinance to allow for outside storage could be in General Business. Voting "Aye" Councilmembers Seeger, Berger, and Beckman. Voting "No" Councilmember Tetens. Motion Passed 3 to 1, with Councilmember Wilkins absent. FIRST READING OF ORDINANCE NO. 509-317 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING AN 18.00 ACRE TRACT, THE NORTH Yz, OF THE NORTHEAST Y2, SECTION 16, H.T. & B.R.R. CO. SURVEY, A-546 PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 594) (15902 HARKEY ROAD) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT (SD) TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF M. WAYNE SMITH, 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 Mayor Pro -Tem Berger, to approve Ordinance No. 509-317 (Application No. 594) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 594. City Attorney, Darrin Coker, stated that this zone application is originally applied as an Industrial Use. It went to the Planning and Zoning Commission and recommended denial of that application. At that same meeting the applicant stated that he would be willing to go down to Commercial and the Planning and Zoning Commission took a second vote on it and recommended a Commercial classification. Mr. Coker stated that it is his Page 11 of 25 - 9/13/1999 I' M recommendation that this be tabled, because the Council should not vote on it, and a second Public Hearing be held on this application as Commercial. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Berger, to table Ordinance No. 509-317 (Application No. 594) on its first reading. Voting "Aye" Councilmembers Beckman, Tetens, Berger, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. FIRST READING OF ORDINANCE NO. 509.318 - 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 THE SOUTHWEST 1/4 OF LOT 35, H.T. & B.R.R. CO. SURVEY, A-219, RECORDED IN THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 654) (14405 GARDEN ROAD) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT (SD) TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF ORLEN W. & PHYRNE R. O'DAY, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Berger, to approve Ordinance No. 509-318 (Application No. 654) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 654. Voting "Aye" Councilmembers Beckman, Tetens, Berger, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. FIRST READING OF ORDINANCE NO. 509-319 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF Page 12 of 25 - 9/13/1999 0 O I' PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 2.5 ACRES OUT OF LOT 13, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 7, H.T. & B.R.R. CO SURVEY, A-219, ACCORDING TO THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 745) (13603 SUBURBAN GARDEN RD.) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF THE RANDALL CRAIG EDWARDS AND CAROL BOYD, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mayor Pro -Tem Berger made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-319 (Application No. 745) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 745. Chief Building Official, Gene Tumlinson, stated that during the Joint Public Hearing several individuals around this area spoke against it. Councilmember Seeger stated that M-2 zoning is very strong to place next to homes, M-1 would be much more apporiate. Mayor Pro -Tem Berger stated that he also concurs with Councilmember Seeger, and it is close to homes. City Attorney, Darrin Coker, stated that Staff could check with the applicant and recommend that M-1 zoning would be more apporiate and this item could be tabled to allow Staff to check into that matter. Chief Building Official, Gene Tumlinson, stated that some of the things this business does would not be allowed in M-1. Councilmember Beckman asked if we had received a lot of complaints about the activity at this location? Councilmembers Berger and Seeger stated that at the Joint Public Hearing there were several speakers opposed to tFiis land use. Page 13 of 25 - 9/13/1999 094 Mayor Reid stated that we could table and inquire in the modifying the zoning or make a decision tonight. Mayor Pro -Tem Berger stated he would rather see it tabled to give the owner an opportunity to reconsider another type of zoning. Mayor Pro -Tem Berger made the motion, seconded by Councilmember Tetens, to table Ordinance No. 509-319 (Application No. 745) on its first reading. Voting "Aye" Councilmembers Beckman, Tetens, Berger, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. FIRST READING OF ORDINANCE NO. 509-320 - 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 LOT 9, BLOCK 3, HICKORY CREEK PLACE SUBDIVISION, RECORDED IN VOLUME 11, PAGES 1-2, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 751) (14004 O'DAY ROAD) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF ERWIN WIND, JR., 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 Mayor Pro -Tem Berger, to approve Ordinance No. 509-320 (Application No. 751) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 751. Councilmember Tetens stated that this property backs up to residences. Mayor Pro -Tem Berger stated from the application it is requesting commercial use but it does not say it is currently in operation. Chief Building Official, Gene Tumlinson, reported that the building is empty. Page 14 of 25 - 9/13/1999 Voting "Aye" None. " Voting "No" Councilmembers Beckman, Tetens, Berger, and Seeger. Motion Failed 4 to 0, with Councilmember Wilkins absent. FIRST READING OF ORDINANCE NO. 509-321 - 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 LOT 2, BLOCK 26, ALLISON RICHEY GULF COAST SUBDIVISION, SECTION 4, TCRR SURVEY, A-675, RECORDED IN VOLUME 2, PAGE 99, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 783) (15707 SH 288) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF JAMES W. & BARBARA DIXON, 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. 509-321 (Application No. 783) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 783. Voting "Aye' Councilmembers Seeger, Berger, Tetens, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. FIRST READING OF ORDINANCE NO. 509-322 - 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 A 1 ACRE TRACT OUT OF THE NORTHWEST END OF LOT 21, G.W. JENKINS SUBDIVISION, IN THE W.D.C. HALL SURVEY, A-70, RECORDED IN VOLUME 1101, PAGE 279, DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 682) (1709 BROADWAY) FROM Page 15 of 25 - 9/13/1999 THE CLASSIFICATION OF GENERAL BUSINESS DISTRICT (GB) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF J.R. MAY, 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 Berger, to approve Ordinance No. 509-322 (Application No. 682) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 682. Voting "Aye" Councilmembers Seeger, Berger, Tetens, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. FIRST READING OF ORDINANCE NO. 509-323 - 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 A 5.000 ACRE TRACT, THE NORTH 'Y2 OF LOT 21, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 81, H.T. & B.R.R. CO. SURVEY, A-300, RECORDED IN VOLUME 2, PAGE 98, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 694) (2202 SMITH MILLER ROAD) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF JIM ORESCHNIGG, 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 Berger made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 509-323 (Application No. 694) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 694. Voting "Aye" Councilmembers Beckman, Tetens, Berger, and Seeger. Page 16 of 26 - 9/13/1999 Voting "No" None. 097 Motion Passed 4 to 0, with Councilmember Wilkins absent. FIRST READING OF ORDINANCE NO. 509-324 - 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 TWO- FAMILY DWELLING IN A GENERAL BUSINESS DISTRICT (GB) ON THE FOLLOWING PROPERTY, TO -WIT: BEING LOTS 41-44, BLOCK 6 OF OLD TOWNSITE PLAT, ACCORDING TO THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (SPECIFIC USE PERMIT NO. 73) (2214 N. GRAND) FROM CLASSIFICATION GENERAL BUSINESS (GB) TO GENERAL BUSINESS DISTRICT (GB) WITH A SPECIFIC USE (S) AT THE REQUEST OF PAT BURKETT, 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 Mayor Pro -Tem Berger, to approve Ordinance No. 509-324 (Specific Use Permit No. 73) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Specific Use Permit No. 73. Voting "Aye" Councilmembers Seeger, Berger, Tetens, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. FIRST READING OF ORDINANCE NO. 509-325 - 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 LOT A, GARDEN ACRES SUBDIVISION, SECTION 3, AS RECORDED IN THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 796) (6117 BROADWAY) FROM THE CLASSIFICATION OF GENERAL BUSINESS DISTRICT (GB) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF R. WEST DEVELOPMENT, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; Page 17 of 25 - 9/13/1999 M CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Berger, to approve Ordinance No. 509-325 (Application No. 796) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 796. Voting "Aye" Councilmembers Seeger, Berger, Tetens, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. FIRST READING OF ORDINANCE NO. 509326 - 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 A 5.00 ACRE TRACT, THE NORTH 'Y2 OF LOT 13, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 7, H.T. & B.R.R. CO. SURVEY, A-219, ACCORDING TO TE DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 746) (13434 SUBURBAN GARDEN RD.) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF THE STEPHEN E. EDWARDS & STEPHANIE EDWARDS, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Councilmember Tetens made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 509-326 (Application No. 746) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 746. Chief Building Official, Gene Tumlinson, stated that this is an Industrial Zone they do heavy fabrication, welding, storage, and they asked for classification of M-2. Page 18 of 25 - 9/13/1999 Mayor Pro -Tem Berger stated in order to be fair and consistent he will move to table this ordinance. Mayor Pro -Tem Berger made the motion, seconded by Councilmember Tetens, to table Ordinance No. 509-326 (Application No. 746) on its first reading. Voting "Aye' Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger. Voting "No" None. Motion Passed 4 to 0, Councilmember Wilkins absent. FIRST READING OF ORDINANCE NO. 509-327 - 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 LOT 13, BETHEL ESTATES SUBDIVISION, SECTION 2, OUT OF A 25.9538 ACRE UNRECORDED SUBDIVISION, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 19, H.T. & R.R. CO. SURVEY, A-234, BRAZORIA COUNTY MAP RECORDS (APPLICATION NO. 736) (13860 STONE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF THE ALBERT & GLORIA MELGOZA, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mayor Pro -Tem Berger made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-327 (Application No. 736) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 736. Voting "Aye" Councilmembers Beckman, Tetens, Berger, and Seeger. Voting "No" None. Motion Passed 4 to 0, Councilmember Wilkins absent. Page 19 of 25 - 9/13/1999 100 FIRST READING OF ORDINANCE NO. 509-328 - 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 A 120.417 ACRE TRACT IN THE W.D.C. HALL LEAGUE, A-70 AND PART OF LOTS 13-24, S.W. NARREGANG SUBDIVISION, VOLUME 1, PAGE 92 AND ALSO LOTS 1 & 2, GEORGE W. JENKINS SUBDIVISION, VOLUME 79, PAGE 616, BRAZORIA COUNTY MAP RECORDS (APPLICATION NO. 806) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-1) TO SINGLE FAMILY DWELLING DISTRICT -PLANNED UNIT DEVELOPMENT (R-2 PUD) AT THE REQUEST OF KEN CAFFEY OF OAKBROOK ESTATES, LTD, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Berger, to approve Ordinance No. 509-328 (Application No. 806) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 806. Ken Caffey, 1013 N. Amy, Amvest Properties, addressed Council and gave an overview of other properties that Amvest has developed, such as Emerald Point, Huntington Village in Silverlake, Sunrise Lake, and currently developing in Oakbrook Estates which is the project that is for consideration. He said that it will be developed as an R-2 PUD. Mr. Caffey gave a presentation regarding the subdivision. He also gave a brief update regarding their meeting with the residents in Shadycrest Homeowners Association. In closing Mr. Caffey asked that Council to approve their request. Clinton Wong, 7676 Woodway, Amvest Properties, addressed Council and stated that they had responded to the concerns of the Shadycrest residents regarding traffic. Mr. Wong gave a presentation of the plans regarding the traffic and concerns of the residents of Shadycrest. He also gave a brief presentation of the development regarding drainage issues. In closing Mr. Wong thanked the City Staff for their assistance in this process. Additional discussion between the Mayor, Council, Mr. Caffey, and Mr. Wong ensued regarding the overall Planned Unit Development. Councilmember Beckman stated that she was on the Planning and Zoning Commission when this property was re -zoned R-1 at that time it was the highest and best use for that Page 20 of 25 - 9/13/1999 101 land, and part of the Commission's consideration was reserving some part of Pearland for future development in large lots. She said that there is so little land reserved in Pearland for R-1 development that we should continue to preserve that land. Councilmember stated that she feels that land should remain R-1 and that is the way she will vote. Councilmember Tetens stated he has concerns regarding small subdivisions that are being developed not considering the density and the lack of green areas, and the amount houses that are being put on the ground. He further stated that as a City Council there are directing the City in the wrong direction. Mayor Pro -Tem Berger stated that he has given this a lot of thought. He likes the R-1 like everybody does and would like the whole R-1 if we could. However, we have had a developer bend over backwards working with an established subdivision trying to accommodate their needs and request have phased it in as the City likes it. This developer has tried to satisfy all that are concerned. In closing Mayor Pro -Tem Berger stated he will support it. Councilmember Seeger stated that the developer has showed his wiliness to work with everyone by rerouting the traffic and that is worth a lot. Councilmember Seeger that he will be supporting it. Voting "Aye" Councilmembers Seeger, and Berger. Voting "No" Councilmembers Beckman, Tetens. In order to break a tie vote, Mayor Reid must cast his vote. Voting "Aye" Mayor Reid. Motion Passed 3 to 2, with Councilmember Wilkins absent. FIRST READING OF ORDINANCE NO. 509-329 - 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 A 4.3026 ACRE TRACT, THE NORTH Yz OF LOT 38, SECTION 2, H.T. & B.R.R. CO. SURVEY, A-542, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 807) (1702 N. MAIN) FROM CLASSIFICATION LIGHT INDUSTRIAL DISTRICT (M-1) TO COMMERCIAL DISTRICT Page 21 of 25 - 9/13/1999 IV (C) AT THE REQUEST OF DAVE A. FERRI, 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. 509-329 (Application No. 807) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 807. Voting "Aye" Councilmembers Seeger, Berger, Tetens, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. COUNCIL ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO. 606) AT THE REQUEST OF CLARENCE F. & PATRICIA RYAN, OWNERS, FOR AN AMENDMENTTO THE LAND USEAND URBAN DEVELOPMENT ORDINANCE OF SAID CITY FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) ON THE FOLLOWING DESCRIBED PROPERTY BEING 0.9091 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. (6326 COTTONWOOD) Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Berger, to accept the recommendation of the Planning and Zoning Commission to deny Application No. 606. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to deny (Application 606). Voting "Aye" Councilmembers Beckman, Tetens, Berger, and Seeger. Voting "No" None. Motion passed 4 to 0, with Councilmember Wilkins absent. Page 22 of 25 - 9/13/1999 103 COUNCIL ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO. 795) AT THE REQUEST OF JEANETTE BURKETT, OWNER, FOR AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF SAID CITY FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT - SPECIFIC USE (GB -S) ON THE FOLLOWING DESCRIBED PROPERTY LOT 7, BLOCK 2, GARDEN ACRES, SECTION 2, H.T.& B.R.R COMPANY SURVEY, SECTION 7, A-219, DEED RECORDS OF BRAZORIA COUNTY, TEXAS. (2631 GARDEN ROAD) Mayor Pro -Tem Berger made the motion, seconded by Councilmember Beckman, to accept the recommendation of the Planning and Zoning Commission to deny Application No. 795. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to deny (Application 795). Voting "Aye" Councilmembers Seeger, Berger, Tetens, and Beckman. Voting "No" None. Motion passed 4 to 0, with Councilmember Wilkins absent. COUNCIL ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO. 800) AT THE REQUEST OF JANET MILNER, OWNER, FOR AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF SAID CITY FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-2) TO LIGHT INDUSTRIAL DISTRICT (M-1) ON THE FOLLOWING DESCRIBED PROPERTY BEING A 5.002 ACRE TRACT, THE SOUTH''Y2 OF LOT 34, OUT OF THE H.T. & B.R.R. CO. SURVEY, SECTION 6, A-544, RECORDED IN VOLUME 136, PAGE 501, DEED RECORDS OF BRAZORIA COUNTY, TEXAS. Councilmember Seeger made the motion, seconded by Councilmember Tetens, to accept the recommendation of the Planning and Zoning Commission to deny Application No. 800. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to deny (Application 800). Voting "Aye" Councilmembers Beckman, Tetens, Berger, and Seeger. Page 23 of 25 - 9/13/1999 104 Voting "No" None. Motion passed 4 to 0, with Councilmember Wilkins absent. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 10:08 p.m. p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551-074 - PERSONNEL MATTERS - DISCUSSION CONCERNING APPOINTMENT OF THE BOARD OF DIRECTORS OF TAX INCREMENT REINVESTMENT ZONE NO. 2. Council returned from Executive Session at 10:36 p.m. NEW BUSINESS (CONTINUED): COUNCIL ACTION - CONSIDERATION AND POSSIBLE ACTION - INSTRUCTION TO CITY STAFF REGARDING APPOINTMENT OF MEMBERS OF THE BOARD OF DIRECTORS OF TAX INCREMENT REINVESTMENT ZONE NO. 2. Mayor Pro -Tem Berger made the motion, seconded by Councilmember Tetens, to appoint Nigel Harrison to the TIRZ No. 2 Board of Directors Position No. 3 and James McFeron to Position No. 5 Voting "Aye" Councilmembers Beckman, Tetens, Berger, and Seeger Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. ADJOURNMENT Meeting was adjourned at 10:38 p.m. Page 24 of 25 - 9/13/1999 105 Council returned from Executive Session at 10:36 p.m. NEW BUSINESS (CONTINUED): COUNCIL ACTION - CONSIDERATION AND POSSIBLE ACTION - INSTRUCTION TO CITY STAFF REGARDING APPOINTMENT OF MEMBERS OF THE BOARD OF DIRECTORS OF TAX INCREMENT REINVESTMENT ZONE NO. 2. Mayor Pro -Tem Berger made the motion, seconded by CouncilmemberTetens, to appoint Nigel Harrison to the TIRZ No. 2 Board of Directors Position No. 3 and James McFeron to Position No. 5 Voting "Aye" Councilmembers Beckman, Tetens, Berger, and Seeger Voting "No" None. Motion Passed 4 to 0, with Councilmember Wilkins absent. ADJOURNMENT Meeting was adjourned at 10:38 p.m. Minutes approved as submitted and/or corrected this 27th day of September A.D., 1999. �h0sli Tom Reid Mayor A=CQT. Page 25 of 25 - 9/13/1999 106 THIS PAGE LEFT INTENTIONALLY BLANK