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2000-01-10 CITY COUNCIL REGULAR MEETING MINUTESME MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON JANUARY 10, 2000, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid William Berger Helen Beckman Richard Tetens Larry Wilkins Klaus Seeger Glen Erwin Darrin Coker Young Lorfing Others in attendance: Executive Director P.E.D.C. Mike Chance; Deputy City Manager Alan Mueller; Police Chief J.C. Doyle; City Engineer John Hargrove; Grants and Public Affairs Department Chris Kidwell; Director of Community Development and Services Gene Tumlinson; Director of Finance David Castillo; Public Works Director Jerry Burns. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and the Pledge of Allegiance were led by St. Andrews Episcopal Church, Boy Scout Troop 468. APPROVAL OF MINUTES Councilmember Councilmember Tetens made the motion, seconded by Councilmember Beckman, to approve the minutes of the December 13, 1999, Public Hearing held at 7:00 p.m.;minutes of the December 13, 1999, Regular Council Meeting held at 7:00 p.m.; minutes of the December 13, 1999, Regular Council Meeting held at 7:30 p.m. Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger. Voting "No" None. Voting "Abstain" Mayor Pro -Tem Berger Page 1 of 18 - 1/10/2000 085 Motion Passed 4 to 0, with Mayor Pro -Tem Berger abstaining. MAYOR'S ACTIVITY REPORT Mayor Reid announced that on Saturday, January 15, 2000, the Parks and Recreation Department will present Winterfest 2000, at Independence Park. Mayor Reid reported that on December 14 he attended lunch with Pasadena Mayor Johnny Isbell, and the Dixie Farm Road Public Hearing; December 15 he attended the PEDC Luncheon for a Developer; December 16 he attended the Chamber ribbon cutting for H.L. Hunt Corp., the City Christmas Luncheon, the Gulf Coast Water Authority Board of Directors Meeting, and the Chamber of Commerce Open House; December 17 he attended the HGAC Transportation Policy Council Meeting; December 21 he attended the HGAC Board of Directors Meeting; December 28 he met with Houston Councilman Rob Todd, and attended the Prudential Reality Open House. COUNCIL ACTIVITY REPORTS Councilmember Beckman reported that the Tour-de-Lites was a real success, and the weatherthat night was perfect. She further reported there were approximately seventy-five participants, and it was a lot of fun. Councilmember Tetens stated that he does not have anything to report. Mayor Pro -Tem Berger commended the Staff on the new agenda format. He further stated the new agenda format is more informative, detailed, and logically laid out, and he appreciates it. Councilmembers Wilkins and Seeger stated that they did not have anything to report. CITY MANAGER'S REPORT City Manager, Glen Erwin, asked that Council defer action on Item No. 11 Resolution R2000-7 and Item No. 14 the awarding of Bid No. B2000-21, to allow Staff to obtain additional information. CITIZENS Page 2 of 18 - 1/10/2000 m:. Brannon Smith, 2722 West Oaks Blvd., addressed Council and stated that speed has become a problem in his subdivision. He asked that the City consider placing two sets of speed bumps between the two signs on the interior of the development of Phase 1 of West Oaks. He further stated that he is concerned for the safety of the children, and also asked Council to consider reducing the speed from 30 mph to 25 mph. Suzanne Dillmann, 2728 West Oaks Blvd., addressed Council and stated that she is also representing her neighbors. She also stated as Mr. Smith has described, speed is a problem on West Oaks, and also "cut -through" traffic is becoming a problem. Ms. Dillmann stated that the police department has been vigilant in their efforts to enforce the traffic laws, but they cannot be present at all times. She presented a petition to Council requesting speed bumps and stricter law enforcement in the area. Gary Cook, 2947 E. Broadway, addressed Council and thanked the City for allowing Shadow Creek Ranch to become part of the City. Mr. Cook presented a check to Mayor Reid in the amount of $2,000 to the Pearland Library Fund. DOCKETED PUBLIC HEARING: None. CONSENT AGENDA: None. MATTERS REMOVED FROM CONSENT AGENDA: None. NEW BUSINESS COUNCIL ACTION - RESOLUTION NO. R2000-3 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR COOPERATION IN CONDUCTING A CORRIDOR STUDY AND APPROVING AN ENGINEERING CONTRACT WITH LOCKWOOD, ANDREWS & NEWMAN, INC. TO PERFORM THE STUDY. Mr. Alan Mueller, Deputy City Manager. Councilmember Beckman made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2000-3. Bill Morgan, 2116 Country Club, addressed Council stated that he also signed up to speak under the City Manager's report, and intended to talk to Council about a visit that Page 3 of 18 - 1/10/2000 ME Councilman Larry Wilkins and the City Manager had with Dr. Rodney Albright, Alvin Community College. Mayor Reid stated that we are considering Resolution R2000-3 at this time. Bill Morgan stated he had talked to the City Attorney and he wanted to share that there may be a violation. He also stated that the City Attorney is going to talk to Council, he hopes, about tortuous interference with a business relationship. Mr. Morgan continued, and stated on this item. Mayor Reid asked Mr. Morgan to put in two separate requests next time, since they go in two different areas of the agenda. Bill Morgan stated that he will complete two requests next time. Mr. Morgan continued and stated there is a rumor going around that there may not be enough money to fund this project, and he hopes that is just a rumor. He said as a citizen of Pearland and Harris County, he going to recommend to Harris County that the other road projects that Pearland has requested, other than Yost Road, not to be done unless Yost Road is done as well. Becky Cornelius, 2415 Golfcrest, addressed Council and stated that she understood that Councilmember Berger and Seeger met with Commissioner EI Franco Lee, and suggested that on behalf of the City, that there be a traffic study done. She stated that the residents of Green Tee Terrace have always been for the extension of Scarsdale to Yost Road. She further stated that they are not against everything that goes on in the City. She stated managed growth within the City will only help our citizens, and the tax base. She further addressed the impact the new development will have on their subdivision. The need for another north/south corridor in the City is imperative. She said she feels this study will be the instrument by which the City will realize that there are routes needed to I1-145. She also stated this a good opportunity to get this traffic study done, and if the City does not have the money, they need to find it. In an executive summary given by Deputy City Manager, Alan Muller, he stated Harris County has tentatively indicated they will pay 25% of the cost of the study, since the majority of the roads are within the City, the City will be responsible for 75% of the study. LAN was selected due to their expertise in the traffic planning field and their familiarity with this area from their work on other transportation projects. LAN is acceptable to both the City Staff and Harris County Staff. Page 4 of 18 - 1/10/2000 m The scope of service provides for preparation of an area traffic model, based on the HGAC regional model. The model will be used to predict current and future traffic volumes based on various alternative road alignments. The specific alignments to be considered will be determined by the engineer and a technical committee (composed of City and County representatives) after initial data is developed. The various alternatives will be evaluated by a cost/benefit ratio to determine a priority for route(s) development. A public involvement component was specifically deleted from the scope in an effort to maintain the objectivity of the study. The engineer expects to complete the study within six months. Alan Mueller, Deputy City Manager, recommends that funding originally allocated for the Country Club Drive bridge project (which has been canceled) be reallocated to fund this study. $726,672 had been allocated for Country Club Drive. Staffs recommended action is to approve engineering agreement and cost share agreement or provide recommendations for modifications. Additional discussion between Staff and Council regarding the traffic study and agreement ensued. Mayor Pro -Tem Berger stated during the meeting with Commissioner Lee, a 50/50 cost split was discussed, however, the Commissioner stated that since he represents a small part of this situation, just the Harris County, Green Tees portion, and the City has a much larger interest in the study, that is the reason the split is now 25% for them and 75% for the City. Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2000-4 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN EASEMENT IN FAVOR OF RELIANT ENERGY HL&P, A DIVISION OF RELIANT ENERGY, INC., FOR INSTALLATION OF POWER LINES TO SERVICE THE CLEAR CREEK PARK SUBDIVISION AREA. Mr. Alan Mueller, Deputy City Manager. Page 5 of 18 - 1/10/2000 Councilmember Tetens made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2000-4. In an executive summary given by Deputy City Manager, Alan Mueller, he stated that the easement is required to provide power to the Clear Creek Park Subdivision. The easement is along the back of the subdivision on the property that was recently dedicated to the City for park property. Without this easement, the power would have been routed down Pearland Parkway. This easement allows the power lines to come into the subdivision from another easement along a drainage ditch on the opposite side of the ease side of the subdivision. Due to schedule constraints, the HLP line has already been installed. Approval of the resolution will ratify the staffs actions that were taken to keep the overhead power lines off of Pearland Parkway. He recommended the approval the resolution. Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 946 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENAMING McHARD ROAD WEST OF SH 288 AMD EAST OF FM 521 AS SHADOW CREEK PARKWAY; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Alan Mueller, Deputy City Manager. Mayor Pro -Tem Berger made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 945 on its first reading. Gary Cook, Shadow Creek Ranch Development, addressed Council and asked Council to consider renaming about three miles of McHard Road to Shadow Creek Parkway. Presently there are no businesses that would be affected by changing the street name. Mr. Cook stated for marketing reasons and due to the size and scope of the Shadow Creek Ranch Project, it makes good sense to have that identify. He also stated he will work with TxDot to have the signs on SH288 at the off ramp to read both McHard Road and Shadow Creek Parkway. In an executive summary given by Deputy City Manager, Alan Mueller, he stated the Shadow Creek Ranch development has requested that the name of McHard Road Page 6 of 18 - 1/10/2000 090 between FM 521 and SH 288 be changed to Shadow Creek Parkway. City Council can change the name of streets by ordinance. He recommended that council consider request. Additional discussion ensued among Council regarding the renaming of McHard Road, and due to the size of the project it will be beneficial to have the road named Shadow Creek Parkway, since it is the premier entrance to Shadow Creek Ranch. Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger. Voting "No" None. Motion passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2000-2 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH BOB STEPHENS & ASSOCIATES, P.C. TO EXAMINE REVENUE NEEDS AND RATE PROJECTIONS FOR THE WATER AND SEWER FUND. Mr. Alan Mueller, Deputy City Manager. Councilmember Wilkins made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2000-2. In an executive summary given by Deputy City Manager, Alan Muller, he stated this is a planned and budgeted study to examine revenue needs and rate projections forthe Water and Sewer Fund. Staff recommends Bob Stephens and Associates to perform the study due to their experience with similar studies and their familiarity with City operations. Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2000-8 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A TAX ABATEMENT AGREEMENT WITH WEATHERFORD U.S., L.P. ("WEATHERFORD") FOR THE PURPOSES OF ABATING THE INCREASED VALUE OF THE PROPERTY OWNED BY WEATHERFORD AND Page 7 of 18 - 1/10/2000 091 LOCATED ON MAGNOLIA ROAD WITHIN THE CITY LIMITS OF PEARLAND ATA RATE OF ONE HUNDRED PERCENT (100%) FORA PERIOD OF TWO (2) YEARS BEGINNING JANUARY 1, 2000, AND ENDING DECEMBER 31, 2001, AND AT A RATE OF FIFTY PERCENT (50%) ANNUALLY FOR A PERIOD OF FIVE (5) YEARS BEGINNING JANUARY 1, 2002, AND ENDING DECEMBER 31,2006; 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. ASAMENDED, ORDINANCE NO. 935, WHICH ESTABLISHED REINVESTMENT ZONE #7, AND THE GUIDELINES AND CRITERIA FOR GOVERNING REINVESTMENT ZONESAND TAX ABATEMENTAGREEMENTS SET FORTH IN RESOLUTION NO, R98- 59. Mr. Mike Chance, Executive Director of PEDC. Councilmember Seeger made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2000-8. In an executive summary given by Mike Chance, Executive Director of PEDC he stated Weatherford Co. contacted the PEDC several months ago about a possible major expansion at their existing facility. Weatherford has purchased a company located in Conroe and wants to move that entire operation to Pearland. Initially, they wanted to build a new facility here, but now they want to renovate a 40, 000 square foot facility on their site, improve their shop building, add air conditioning to their entire plant, and build a new parking lot. These improvements amount to $1,253,500. These improvements, in addition to $1.8 million of fixed new equipment, are being requested to be placed on the tax abatement schedule. The best news of the project is the fact that they will have approximately $21 million of inventory on site, which will be fully taxable. They will also be hiring 46 new employees next year, and up to 100 more over the next three years. These jobs will pay and average of $15 per hour. The PEDC is also considering this as a retention project because Weatherford stated that if they didn't relocate that plant to Pearland that they would consider relocating the Pearland existing operation somewhere else. Because of these reasons, the PEDC Board voted to award a $100,000 grant to Weatherford. Mike Chance, Executive Director of PEDC stated that the PEDC Board of Directors and staff are recommending to the Mayor and Council that you grant tax abatement for seven years to the Weatherford Company. The recommended schedule is for 100% abatement for the first two years and for a 50% abatement for the next five years. The cost/benefit analysis shows that all of the incentive and abatements will show a positive cash flow by the second year. Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger. Page 8 of 18 - 1/10/2000 Voting "No" None. X92 Motion Passed 5 to 0. COUNCIL ACTION - COUNCIL ACCEPTANCE OF SUNRISE LAKES SECTION ONE SUBDIVISION. Mr. John Hargrove, City Engineer. Councilmember Beckman made the motion, seconded by Councilmember Tetens, to accept Sunrise Lakes Section One Subdivision. John Hargrove, City Engineer stated this subdivision contains 60.4391 acres with 145 lots, 9 blocks, and 7 reserves. Mr. Hargrove recommended its acceptance for operation and maintenance by the City. Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - REGARDING A RISK MANAGEMENT PROGRAM (RMP) OF HIGHLY HAZARDOUS CHEMICALS USED IN THE CITY SEWAGE TREATMENT PLANTS AS REQUIRED BYTHE ENVIRONMENTAL PROTECTION AGENCY. Mr. Jerry Burns, Director of Public Works. Public Works Director, Jerry Burns, stated in July of this year the City of Pearland was required by the Environmental Protection Agency (EPA) to present a Risk Management Program (RMP) of highly hazardous chemicals used in the City sewage treatment plants. The purpose of the Program is to help prevent the occurrence of, or minimize the consequences of catastrophic releases, by stating City policies and procedures for the management of process hazards in start up, operations, inspections, maintenance and other matters addressed in the federal standards. The program covers such items as 1) process safety information, 2) process hazard assessment, 3) operating and maintenance procedures, 4) training, 5) compliance audits, 6) incident investigation and 7) an emergency response plan. Under section 112(r) of the Clean Air Act, RMPs are to be made publicly available, since one purpose of RMPs is to inform the public about facilities' safety programs and to stimulate a dialogue between the community and City about chemical safety. One method of making these programs publicly available is to display them at a pubic meeting co -hosted by the Mayor and/or other Public Officials. Page 9 of 18 - 1/10/2000 093 Being on the agenda of a scheduled, public noticed, City Council meeting suffices this requirement. Results of this meeting will be reported to both the EPA and the FBI as required. The complete program for both plants is on display in the rear of the Council Chambers. This was a presentation only, and does require any Council action COUNCIL ACTION - APPOINTMENT OF TAX REINVESTMENT ZONE NO. 2 CHAIRMAN. Mayor Tom Reid. Mayor Pro -Tem Berger made the motion, seconded by Councilmember Tetens, to appoint Nigel Harrison Tax Reinvestment Zone No. 2 Chairman. In an Executive Summary given by Deputy City Manager, Alan Mueller, he stated the TIRZ #2 creation ordinance designated the member in Position 3 as the chairman for a term expiring December 31, 1999. Thereafter, the ordinance calls for the Mayor to annually nominate and appoint, subject to City Council approval, a member to serve as chair for a term of one year. Mayor Reid has recommended that Nigel Harrison be reappointed as the chair for a term ending December 31, 2000. Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger. Voting "No" None. Motion passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2000-9 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A TAX ABATEMENT AGREEMENT WITH TURBOCARE INC. ("TURBOCARE") FOR PURPOSES OF ABATING THE INCREASED VALUE OF THE PROPERTY OWNED BY TURBOCARE AND LOCATED ON FELLOWS ROAD WITHIN THE CITY LIMITS OF PEARLAND AT A RATE OF ONE HUNDRED PERCENT (100%) FOR A PERIOD OF THREE (3) YEARS BEGINNING JANUARY 1, 2001, AND ENDING DECEMBER 31, 2003, AND AT A RATE OF EIGHTY PERCENT (80%) ANNUALLY FOR A PERIOD OF ONE (1) YEAR BEGINNING JANUARY 1, 2004, AND ENDING DECEMBER 31, 2004, AND A RATE OF SIXTY PERCENT (60%) ANNUALLY FOR A PERIOD OF ONE (1) YEAR BEGINNING JANUARY 1, 2005, AND Page 10 of 18 - 1/10/2000 094 ENDING DECEMBER 31, 2005, AND AT A RATE OF FORTY PERCENT (40%) ANNUALLY FOR A PERIOD OF ONE (1) YEAR BEGINNING JANUARY 1, 2006, AND ENDING DECEMBER 31, 2006, AND AT A RATE OF TWENTY PERCENT (20%) ANNUALLY FOR A PERIOD OF FOUR (4) YEARS BEGINNING JANUARY 1, 2007, AND ENDING DECEMBER 31, 2010; 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. 935, WHICH ESTABLISHED REINVESTMENT ZONE #7, AND GUIDELINES AND CRITERIA FOR GOVERNING REINVESTMENT ZONES AND TAX ABATEMENT AGREEMENTS SET FORTH IN RESOLUTION NO. R98-59. Mr. Mike Chance, Executive Director of PEDC. Councilmember Wilkins made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2000-9. Executive Director of PEDC, Mike Chance, gave an executive summary stating the Greater Houston Partnership and the Harris County Economic Development Department contacted City Manager Glen Erwin the day after the City had annexed land on Beltway 8. They informed us that a company in Houston called TurboCare had purchased land in that area and they were working with them on a major manufacturing relocation project. Harris County had already given TurboCare a tentative agreement for a 10 -year tax abatement. They called it their "standard tax abatement schedule" which is 100% for three years, 80% for one year, 60% for one year, 40% for one year, and 20% for four years. The PEDC staff and other City departments have been working with the Company over the last few months and have learned a lot about the project. This will be an excellent international company that is relocating to Pearland. The parent company of TurboCare is one of the largest international companies in the World. TurboCare's customers are some of the most highly respected companies in the US. The facility will be a first class, beautiful facility on the Beltway. It will also be one of the highest paying companies in town, averaging over $19 per hour for their 170 employees. They will add another 50-70 employees over the next 5 years. They will relocate the operations that they currently have in Houston and Manvel to Pearland. The entire project will have a capital expense of over $ 9.2 million. In talking with company officials, it is very probable that the company will continue to expand in this location. The cost/benefit study was conducted by Insight Research of Dallas. Their conclusion was that this is a most favorable project for the City of Pearland and that we will quickly recover our cost of incentives and abatements. The PEDC Board of Directors has voted to award the company a $100,000 grant to help defray some of their cost. The PEDC Board of Directors and Staff would like to recommend to the Mayor and Council grant the tax Page 11 of 18 - 1/10/2000 095 abatement as requested by the company. Mr. Chance introduced Mr. Bob Hill, with TurboCare. He also introduced Kent Fuller with Houston Business Partnership, and Nancy Powell with Harris County Economic Development, who were instrumental in assisting TurboCare with tax abatements in with Harris County. Additional discussion between Council and Mr. Chance ensued regarding the tax abatement. Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2000-6 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AGREEMENTS ASSOCIATED WITH THE "URBAN AND COMMUNITY FORESTRY PROGRAM" GRANT REQUEST AND COMMITTING SHARED COSTOFTHE PROJECTAS DESCRIBED IN THE GRANT APPLICATION. Mr. Ed Hersh, Director of Parks and Recreation. Councilmember Seeger made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2000-6. Parks and Recreation Director, Ed Hersh, stated in his executive summary that the City of Pearland has received an award to renew our Urban Forestry Grant with the Texas Forest Service. In order to accept this award, City Council must pass a resolution authorizing the City Manager to approve the contract. The contract brings the City $10,000 toward our Urban Forestry position and requires that we fund the remainder of the position as match, as included in the current budget. Councilmember Beckman stated having an Urban and Community Forestry Program is a great asset to the City, and Janell Jones, Urban Forester, is doing a great job for in the City. Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman. Voting "No" None, Page 12 of 18 - 1/10/2000 Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2000-7 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING ROAD CONSTRUCTION PROJECTS FOR PEARLAND PARKWAY FROM OILER DRIVE TO GALVESTON COUNTY LINE, BAILEY ROAD FROM SH 35 TO SH 288, McHARD ROAD FROM MYKAWA ROAD TO SH 288, AND SUBJECT TO THE AWARD OF SAID PROJECTS, COMMITTING FUNDS TOWARD THE PRELIMINARY ENGINEERING AND ENVIRONMENTAL ASSESSMENTS ASSOCIATED THEREWITH. Mr. Alan Mueller, Deputy City Manager. No Council Action Taken. COUNCIL ACTION - RESOLUTION NO. R2000-5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEETO EXECUTEA DEVELOPMENTAGREEMENT WITH TTT&B, LTD., A TEXAS LIMITED PARTNERSHIP ("DEVELOPER"), OUTLINING THE RESPONSIBILITIES OF THE CITY AND DEVELOPER FOR THE OVER SIZING OF THE AUTUMN LAKES SUBDIVISION WATER LINE. Mr. Alan Mueller, Deputy City Manager. Councilmember Beckman made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2000-5. In an Executive Summary given by Alan Mueller, Deputy City Manager he stated that the Autumn Lakes Subdivision is approximately 120 acres on the west side of Miller Ranch Road (CR 93) north of FM 518. The subdivision is within -City MUD #19. The agreement is for over sizing approximately 3,180 feet of an eight -inch water main to 12 -inch along Miller Ranch Road from FM 518 to the subdivision entrance. This project was not specifically budgeted, but $621,099 was allocated in the FY 2000 budget for "new projects." Over sizing this line will make water available to several large tracts of land and existing homes/businesses along Miller Ranch Road. He recommended the agreement be approved. Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. Page 13 of 18 - 1/10/2000 MW 097 COUNCIL ACTION - REGARDING A PRELIMINARY SITE PLAN FOR THE CULLEN SERVICE CENTER. Mr. Alan Mueller, Deputy City Manager and Mr. Jack McGuff, Project Architect. Deputy City Manager, Alan Muller and Project Architect, Jack McGuff, gave a short presentation regarding the Cullen Service Center. No Council action was taken. This item will be further discussed in a workshop. COUNCIL ACTION - AWARD OF BID NO. 2000-21 FROM THE INTERLOCAL COOPERATIVE PARTNER HOUSTON GALVESTON AREA COUNCIL FOR (5) POLICE SEDANS, ONE (1) CID VEHICLE, AND ONE (1) FIRE SEDAN. Mr. Gordon Island, Purchasing Officer. No Council action taken. COUNCIL ACTION - EXCUSE MAYOR PRO -TEM BERGER'S ABSENCE FROM THE DECEMBER 13, 1999, REGULAR MEETINGS. City Council. Councilmember Tetens made the motion, seconded by Councilmember Beckman, to excuse the absence of Mayor Pro -Tem Berger from the Council Meetings held on December 13, 1999. Voting "Aye" Councilmembers Seeger, Wilkins, Tetens, and Beckman. Voting "No" None. Voting "Abstain" Mayor Pro -Tem Berger. Motion Passed 4 to 0, with Mayor Pro -Tem Berger abstaining. FIRST READING OF ORDINANCE NO. 509-393 - 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 AND GRANTING A SPECIFIC USE PERMIT FOR A CABINET/FURNITURE/ARCHITECTURAL MILLWORK SHOP ON THE FOLLOWING PROPERTY, TO -WIT BEING TRACT 1-1 ACRE OUT OF LOT 8; TRACT II -1.36 ACRES Page 14 of 18 - 1/10/2000 !': OUT OF LOT 8; TRACT III -1.0001 ACRE TRACT OUT OF LOT 9, ALL OUT OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4, SECTION 14, H.T. & B.R.R. CO. SURVEY, A-509, BRAZORIA COUNTY, TEXAS APPLICATION NO. 848 & SPECIFIC USE NO. 74) (5713 COTTONWOOD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS - SPECIFIC USE (GB -S) AT THE REQUEST OF FOLLETT VENEERS, 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. Mr. Gene Tumlinson, Directorof Community Development and Services. Mayor Pro -Tem Berger made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 509-393 (Application No. 848 & Specific Use No. 74) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 848 & Specific Use No. 74). Director of Community Development and Services, Gene Tumlinson recommended that the request zone change from (SD) Suburban Development to (GB -S) General Business - Specific Use be approved. Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman. Voting "No" None. Motion passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-394 - 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 1.25 ACRES SITUATED IN LOT 57, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243, BRAZORIA CO., TEXAS ACCORDING TO THE PLAT RECORDS IN VOLUME 2, PAGES 23-24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 849) (14015 CR 556 (GARDENS)) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF GREGORY R. MOORE & SUSAN Page 15 of 18 - 1/10/2000 e C. DIETERICH, 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. Mr. Gene Tumlinson, Director of Community Development and Services. Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Berger, to approve Ordinance No. 509-394 (Application No. 849) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 849). Director of Community Development and Services, Gene Tumlinson recommended that the request zone change from (SD) Suburban Development to (R-1) Single Family Dwelling be approved. Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger. Voting "No" None. Motion passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 509-395 -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 1.986 ACRES OF LAND SITUATED IN TRACT "D" OF A SUBDIVISION OF A.C.H. & B.R.R. CO. SURVEY, SECTION 1, A- 147, BRAZORIA CO, TEXAS (APPLICATION NO. 858) (WALNUT STREET) FROM CLASSIFICATION MULTI -FAMILY DISTRICT (MF) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF RONNIE & REBECCA ACOSTA, 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; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE LAND USE INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Gene Tumlinson, Director of Community Development and Services. Councilmember Seeger made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-395 (Application No. 858) on its first reading. Page 16 of 18 - 1/10/2000 Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 858). Director of Community Development and Services, Gene Tumlinson, recommended that the request zone change from (MF) Multi -Family District to (GB) General Business be approved. This land use change will allow for a new daycare center to be built. Councilmember Wilkins stated that is a great type of business and an ideal location for the area. Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman. Voting "No" None. Motion passed 5 to 0. COUNCIL ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO. 846) AT THE REQUEST OF STEVEN C. MUTH, OWNER, FOR AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF SAID CITY FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-4) ON THE FOLLOWING DESCRIBED PROPERTY BEING A 5 ACRE TRACT BEING THE NORTH 'Y2 OF LOT 45, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 85, H.T. & B.R.R. CO. SURVEY, A-304, BRAZORIA COUNTY, TEXAS, ACCORDING TO MAP OR PLAT RECORDED IN VOLUME 2, PAGE 107, BRAZORIA COUNTY, TEXAS (MILLER RANCH ROAD). Mr. Gene Tumlinson, Director of Community Development and Services. Councilmember Beckman made the motion, seconded by Councilmember Tetens, to accept the recommendation of the Planning and Zoning Commission to deny Application No. 846. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to deny (Application 846). Steve Muth, 8339 Dover, addressed Council and stated that he owns approximately 5 acres, and he agrees with Council regarding the high standards of living and the quality of life in Pearland. He stated he is not a planner or developer, and cannot give all the positive aspects of building (R-4) residential homes or town homes on his property. He Page 17 of 18 - 1/10/2000 101 further stated that he is not interested in that at this time, but may be in the future, in order to put his children through college. Mr. Muth asked Council to approve this land use change so he can proceed and build a home to reside in now, and allow him the maximum flexibility on the property in the future. Director of Community Development and Services, Gene Tumlinson, recommended -that the request zone change from (SD) Suburban Development to (R-4) Single Family Dwelling be denied. Additional discussion among Staff, Council, and Mr. Muth regarding this land use change ensued. Councilmember Beckman made the motion, seconded by Mayor'Pro-Tem Berger, to table the recommendation of the Planning and Zoning Commission to deny Application No. 846. Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger. Voting "No" None. Motion passed 5 to 0. OTHER BUSINESS: ADJOURNMENT Meeting was adjourned at 10:08 p.m. Minutes approved as submitted and/or corrected this the 24thday of January 2000. Tom Reid Mayor Page 18 of 18 - 1/10/2000