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1999-12-13 CITY COUNCIL REGULAR MEETING MINUTES - 7:30PM058 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON DECEMBER 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 Councilmember Helen Beckman Councilmember Richard Tetens Councilmember Larry Wilkins Councilmember Klaus Seeger City Manager Glen Erwin City Attorney Darrin Coker City Secretary Young Lorfing Absent: Mayor Pro -Tem William Berger Others in attendance: Executive Director P.E.D.C. Mike Chance; Deputy City Manager Alan Mueller; Police ChiefJ.C. Doyle; City Engineer John Hargrove; Directorof Community Development and Services Gene Tumlinson; Assistant City Attorney Nghiem Doan; Public Works Director Jerry Burns; Project Manager Michael Ross; Purchasing Officer Gordon Island. INVOCATION AND PLEDGE OF ALLEGIANCE - Mayor Reid stated that we had a wonderful invocation and pledge, at the previous meeting. APPROVAL OF MINUTES: None MAYOR'S ACTIVITY REPORT: None COUNCIL ACTIVITY REPORTS: None CITY MANAGER'S REPORT: None Page 1 of 7 - 12/13/1999 7:30 P.M. 059 CITIZENS: Bruce Foster, 3011 Country Club Drive, addressed Council about the possible annexation of the 300 plus acres at the end of Scarsdale Boulevard, that belong to Reed -West Development. He understands they have submitted a petition for annexation of this property, and itis his understanding that a plat has been submitted for approval. Mr. Foster asked that the Planning and Zoning Board not approve a plat of this acreage, if the plat provides for houses to be built on the proposed right-of-way for Scarsdale Boulevard to connect to Yost Road, and also that Council not approve such a plan, if it is submitted to Council in that fashion. He also asked the Council to wait until the comprehensive traffic study is done to make any decision on the Scarsdale Boulevard to Yost Road extension. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 944 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF A SUBDIVISION GROUND SIGN INTO THE CITY'S RIGHT-OF-WAY LOCATED AT THE INTERSECTION OF SUNRISE BOULEVARD AND FM 518, IN THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS. B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 609-106-1 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509-106 OF THE LAND USE AND URBAN DEVELOPMENT ORDINANCE, OF THE CITY OF PEARLAND CODE OF ORDINANCES, FOR THE PURPOSE OF EXTENDING THE TERM OF SPECIFIC USE PERMIT NO. 46 UNTIL DECEMBER 31, 2001; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND OTHER PROVISIONS RELATED TO THE SUBJECT. C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 609-384 - 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 26.88 Page 2 of 7 - 12/13/1999 7:30 P.M. prn ACRES OUT OF THE H.T. & B.R.R. CO. SURVEY, SECTION 11,A-239, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 824) (VETERANS ROAD) FROM CLASSIFICATION LIGHT INDUSTRIAL DISTRICT (M-1) TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF MARK NICHOLAS, AGENT FOR LIQUID TRANSPORTERS, INC., 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. 509-385 - 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 6.7387 ACRES, A PORTION OF LOTS 13-16 OF THE DOOLEY PARTITION, OUT OF THE JAMES HAMILTON SURVEY, A-881, AS RECORDED IN HARRIS COUNTY, TEXAS (APPLICATION NO. 841) (BELTWAY 8 FEEDER ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF ED R. WEATHERALL, AGENT FOR REC-TIME, INC., 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. E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-386 - 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 13.2558 ACRES OUT OF LOTS 12-16 OF THE DOOLEY PARTITION, JAMES HAMILTON SURVEY, A-881, AS RECORDED IN HARRIS COUNTY, TEXAS (APPLICATION NO. 842) (BELTWAY 8 FEEDER ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF ED R. WEATHERALL, AGENT FOR REC-TIME, INC., OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Page 3 of 7 - 12/13/1999 7:30 P.M. 061 F. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-387 - 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 RESERVE C & D, CORRIGAN ADDITION, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 845) (BROADWAY STREET) FROM CLASSIFICATION NEIGHBORHOOD SERVICES DISTRICT (NS) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF TOM ALEXANDER, JR., AGENT FOR FRANK D. BARRINGER, 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. G. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-388 - 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 1.284 ACRES OUT OF LOT 9, ALLISON RICHEY GULF COAST HOME COMPANY SUBURBAN GARDENS SUBDIVISION, H.T. & B.R.R. CO. SURVEY, SECTION 20, A-506, ACCORDING TO THE PLAT RECORDED IN VOLUME 2, PAGE 23, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. — 818) (2317 STERLING DRIVE) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R- 1) AT THE REQUEST OF MARK C. & ANNETTE THOMPSON, 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. H. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-389 - 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 1, BETHAL ESTATES, SECTION II, A-243 (APPLICATION NO. 837) (1111 CR 664) Page 4 of 7 - 12/13/1999 7:30 P.M. 062 FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF JULIO G. & MIROSLAVIA MARTINEZ, 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. I. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-390 - 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 .9998 ACRES OUT OF LOT 7, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SECTION 20, H.T. & B.R.R. CO. SURVEY, A-506, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 843) (1108 LINDA LANE) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF PATRICK J. COOPER, 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. J. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-391 - 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 1.1478 ACRES KNOWN AS LOT 8 OF BETHEL SUBDIVISION, SECTION 2, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 844) (STONE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF RAUL PEREZ, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Page 5 of 7 - 12/13/1999 7:30 P.M. 063 K. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-392 - 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 11, A 1.0101 ACRE TRACT OUT OF BETHEL SUBDIVISION, SECTION 2, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, H.T. & B.R.R. CO. SURVEY, A-243, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 851) (2078 STONE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF GERARDO & THERESA GARCIA, 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 adopt the Consent Agenda Items A through K, on their second and final reading, with the exception Item C which will not be considered because it was defeated on its first reading at the in the 7:00 p.m. meeting held this evening. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Berger absent. MATTERS REMOVED FROM CONSENT AGENDA: None NEW BUSINESS: None Page 6 of 7 - 12/13/1999 7:30 P.M. ADJOURNMENT 054 Meeting was adjourned at 9:15 p.m. Minutes approved as submitted and/or corrected this the 10th day of January 2000. Tom Reid Mayor ATTEST: Page 7 of 7 - 12/13/1999 7:30 P.M. 06,5 THIS PAGE LEFT INTENTIONALLY BLANK