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2000-02-14 CITY COUNCIL REGULAR MEETING MINUTES122 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON FEBRUARY 14, 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 City Manager City Attorney City Secretary Tom Reid William Berger Richard Tetens Larry Wilkins Klaus Seeger Glen Erwin Darrin Coker Young Lorfing Absent: Councilmember Helen Beckman. Others in attendance: Deputy City Manager Alan Mueller; Executive Director P. E. D.C. Mike Chance; Police Chief J.C. Doyle; City Engineer John Hargrove; Director of Community Development and Services Gene Tumlinson; Parks and Recreation Director Ed Hersh; Assistant City Attorney Nghiem Doan; Utility Accounts Supervisor Missy Miller. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Randy Ferguson, and the Pledge of Allegiance was led by Police Chief J.C. Doyle. APPROVAL OF MINUTES Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Berger, to approve the minutes of the January 24, 2000, Joint Public Hearing held at 6:30 p.m.; minutes of the January 24, 2000, Public Hearing (Bella Vita) held at 6:30 p.m.; minutes of the January 24, 2000, Regular Council Meeting held at 7:30 p.m. Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. Page 1 of 24 - 2/14/2000 MAYOR'S ACTIVITY REPORT 123 Mayor Reid reported that on January 25 he met with a Developer; January 27 he attended a ground breaking for TurboCare; January 27-29 he attended the TML Insurance Risk Pool Board of Directors Meeting in San Antonio; February 1 he attended the AARP Meeting and also conducted the State of. the City presentation, he attended the School Education Improvement Committee Meeting; February 2 he attended the New Library Building walk through; February 3 he attended the County Interlocal Agreement Committee Meeting; February 6 he attended the Cub Pack 404 Banquet; February 7 he attended Judge Eckel's State of Harris County Address; February 8 he presented Testimony before the Senate Committee on Intergovernmental Relations; February 9 he attended the Adult Reading Board Meeting and the PAID Quarterly Meeting; February 10 he attended the Chamber Ribbon Cutting for the New Methodist Church and the Enclave at Mary's Creek Apartment Complex; February 11 he was a Celebrity Reader at C.J. Harris School; February 12 he spoke at the Eagle Scout Court of Honor Troop 466. COUNCIL ACTIVITY REPORTS Councilmember Tetens reported that he received a letter from Renee West regarding overhead power lines on Pearland Parkway. He stated personally he will not be supporting any type of overhead lines on Pearland Parkway on either side of the street. Councilmembers Berger, Wilkins, and Seeger did not give a report. CITY MANAGER'S REPORT City Manager Glen Erwin reported that TurboCare will be a great addition to Industrial Community. He also stated the construction cones that are seen throughout the City are the different utility companies upgrading their service in Pearland. CITIZENS John Bowman 1422 Pine Forest Drive, addressed Council regarding concerns that he has with Councilmember Berger and correspondence that Councilmember Berger has had with Dr. Allbright, Mr. Bowman's employer. He also expressed his concerns regarding a newspaper reporter from the Houston Chronicle. Judy Zavalla 3106 Glastonbury, addressed Council and stated she is speaking for others. Ms. Zavalla presented Council with pictures from the flood of 1994. She further stated with the David L. Smith project going in she thought the City would not do anything to increase Page 2 of 24 - 2/14/2000 124 the water where she resides. She said a permit was issued for a building on the two pieces of property between her and her neighbor. When the T -pole was installed, a neighbor was told that it was ok to build there because they are not in the flood plain. Ms. Zavalla also had pictures to show Council regarding culverts that she says was laid illegally. She also addressed a ditch behind her house which was cleaned 9 years after she lived there. She stated the ditch area appears it is being used as a "cantina" and restroom area. In closing she stated the City should not allow people to build if they can not comply with City codes. Kevin Cole, 2319 Frances Drive, addressed Council regarding the "Report on Questioned Transactions and Other Matters" dated January 20, 2000 and accepted into the record by this body on January 24, 2000. Mr. Cole stated he was concerned that his name shows up in the report. He asked who on Council has an interest in his name being in the report? Who had and interest in him? He further stated that he is not mentioned anywhere else in the report, and obviously he is not tied to any alleged wrongdoing, but my name appears as if I am guilty by association. He addressed Councilmember Seeger and stated that Councilmember Seeger said that Mr. Cole deserves an answer to this, and he expects to get one. Mr. Cole also stated the investigator said he was "previous insurance agent with Prudential," however, he is still an agent with Prudential. He stated Prudential wants to know why it's good name is being drug through the mud by being in the report. Mr. Cole also addressed the amount of money that was spent on the investigation. He said that he has spent about 8 hours of his own time gathering evidence from the City's records that refute about half the allegations made in this report. Councilmember Seeger stated that he could respond to Mr. Cole. He stated that different parties of interest were identified to Council, at the beginning of the investigation to identify possible relationships that may have had close associations and or dealings with the City, that may be relevant to their work, thus Kevin Cole was identified as a party of interest, therefore, included his name along with other parties of interest as part of summation of project, in two particular occurrences Kevin Cole was considered a party of interest, One being 1997 City was soliciting bid for provision of health insurance, which Mr. Cole, then employed by Prudential Insurance expressed intent to bid despite being advised by then City Attorney that it was considered a conflict of interest, and a violation of the City Charter because as an officer of the City, Councilmember Cole stood to financially benefit either directly or indirectly if his employer was awarded the contract of insurance. Also Councilmember Cole reportedly demanded City employees provide him with certain city records that helped his employer to develop a competitive bid for the City's health insurance. Also Councilman Kevin Cole demanded that the City Attorney place the insurance bid on the City Council Agenda, subsequently the bid submitted by Councilmember Cole's company was withdrawn before consideration of Council. Event Number 2 was 1998 the City was again was submitting bids for provision for health Page 3 of 24 - 2/14/2000 125 insurance for City employees. A Bid Evaluation Committee was formed by then City Manager Paul Grohman to evaluate the bids that were received and make a recommendation to the City Manager which would then be passed on to the City Council. A current city employee has stated that the former City Manager ordered her to insure that the Committee's recommendation be to accept the bid submitted by Kevin Cole's Insurance Company, Ed Herbert was the agent of record for that bid by Prudential Insurance. A current City employee also stated that the former City Manager told her if he loses on this you will lose also, although Ed Herbert was the agent for bid, Kevin Cole spoke to City Council on behalf of the bidder on the night this item was on the City's Agenda, Kevin Cole was no longer on City Council at that time. So in conclusion to curtail the final cost of the investigation the City asked the investigator to limit the detailed investigation to 10 areas of greatest concern. Areas which had the greatest potential for the City to recoup any financial losses and areas which would be relatively easy to investigate. The two events that which include Mr. Cole did not meet this criteria, and thus his name does not appear in any significant findings portion of the final report. Clifford Malek 2610 Yost Rd., addressed Council and stated that opening Yost Rd will affect a lot of Pearland Citizens. He further stated he is concerned why the City sent an "outsider" to make a survey on Yost Rd. He also stated other surrounding subdivisions are concerned with opening Yost Rd. He feels that Green Tee Terrace Subdivision residents are the only ones that would like to see this road go through. Mayor Pro -Tem Berger stated that no decision has been made on the project and EI Franco Lee, Commissioner and the City have joined resources to share the cost of the study from Telephone Road to Dixie Farm Road and From 518 North to Beamer. That whole area is in the Mobility Study. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: None MATTERS REMOVED FROM CONSENT AGENDA NEW BUSINESS COUNCIL ACTION - RESOLUTION NO. R2000-18 - A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING THE HOLDING OF A GENERAL ELECTION ON THE SIXTH DAY OF MAY, 2000, FOR THE PURPOSE OF ELECTING TWO MEMBERS OF THE CITY COUNCIL IN AND FOR THE CITY OF PEARLAND, TEXAS; ESTABLISHING POLLING PLACES; NAMING CLERKS; Page 4 of 24 - 2/14/2000 its AND ESTABLISHING PROCEDURES FOR SAID REGULAR CITY OFFICERS' ELECTION. Mr. Darrin Coker, City Afforney. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Berger, to approve Resolution No. R2000-18. In an executive summary given by City Attorney, Darrin Coker, he stated in order to comply with the Election Code of the State of Texas, the City Council must "order" the upcoming General Election by passing a resolution. The Election is scheduled for May 6, 2000, and the purpose of said election is to elect officials for City Council Positions 2 and 4. Staff recommends the approval of Resolution No. R2000-18. Voting "Aye" Councilmembers Tetens, Berger, Wilkins, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. FIRST READING OF ORDINANCE NO. 949 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD ON THE SIXTH DAY OF MAY, 2000; DESIGNATING THE HOURS AND PLACE FOR HOLDING SUCH ELECTION AND PROVIDING FOR SUBMISSION TO THE VOTERS OF CERTAIN PROPOSED CHARTER AMENDMENTS. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Berger made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 949 on its first reading. City Attorney, Darrin Coker, stated that the 1999 Charter Review Commission, on June 29, 1999, presented four proposed amendments to the City Charter. The City Council must decide which, if any, of the proposed amendments, will be submitted to the voters in a Special Election on May 6, 2000. It is Staff's recommendation to Order a Special Election for May 6, 2000, for consideration of proposed City Charter amendments, and to indicate which, if any, of the proposed amendments are to be submitted to the voters. Voting "Aye" Councilmembers Seeger, Wilkins, Berger, and Tetens. Voting "No" None. Motion passed 4 to 0, with Councilmember Beckman absent. Page 5 of 24 - 2/14/2000 127 COUNCIL ACTION - RESOLUTION NO. R2000-19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING PERSONS TO SERVE AT THE CENTRAL COUNTING STATION, BRAZORIA COUNTY COURTHOUSE, ANGLETON, TEXAS, FOR THE GENERAL ELECTION TO BE HELD ON THE SIXTH DAY OF MAY, 2000. Mr. Darrin Coker, City Attorney. Councilmember Wilkins made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2000-19. In an executive summary City Attorney, Darrin Coker, stated that the City Council must, at the time of ordering the General Election, appoint persons to serve at the Central Counting Station in Angleton. This resolution appoints those officers to serve accordingly, and it is Staff's recommendation to approve Resolution No. R2000-19. Voting "Aye" Councilmembers Tetens, Berger, Wilkins, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. COUNCIL ACTION RESOLUTION NO. R2000-15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING PEARLAND INDEPENDENT SCHOOL DISTRICT'S GRANT APPLICATION TO THE HOUSTON- GALVESTON AREA COUNCIL OF GOVERNMENTS FOR CONTINUATION OF THE SCHOOL RESOURCE OFFICER PROGRAMS AT THE PEARLAND JUNIOR AND SENIOR HIGH SCHOOL CAMPUSES. Mr. J.C. Doyle, Chief of Police. Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2000-15. In an executive summary given by Police Chief J.C. Doyle he stated that the Pearland Independent School District wishes to apply to HGAC and the Governor's Office, Criminal Justice Division, for continuation of the School Resource Officer Program at Pearland Junior High and the High School Campuses, as supported by Pearland City Council in previous resolutions. This program utilizes the Pearland Police Department Officers, and provides reimbursement to the City for the officers. Staff recommended the approval of this resolution supporting Pearland Independent School District's application for continuation of the School Resource Officer Program. Page 6 of 24 - 2/14/2000 128 Voting"Aye" Councilmembers Seeger, Wilkins, Berger, and Tetens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. COUNCIL ACTION - RESOLUTION NO. R2000-16 - A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF PEARLAND, TEXAS, NOMINATING MOBILITY PROJECTS FOR INCLUSION ON THE HOUSTON-GALVESTON AREA COUNCIL METROPOLITAN TRANSPORTATION PLAN (MTP) AND COMMITTING FUNDS TOWARD THE PRELIMINARY ENGINEERING AND ENVIRONMENTAL ASSESSMENTS ASSOCIATED THEREWITH. Mr. Alan Mueller, Deputy City Manager. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Berger, to approve Resolution No. R2000-16. In an executive summary given by Deputy City Manager, Alan Mueller, he stated that periodically HGAC updates the Metropolitan Transportation Plan (MTP), which is a long range transportation planning document. Projects can not move onto the Transportation Improvement Program (TIP), which is the short range plan, for construction funding unless they are on the MTP. The MTP has a 20 year planning period. The locally - sponsored projects are currently on the draft Brazoria County Mobility Plan (BCMP) for the Pearland Area. There are other projects in the Pearland area that are sponsored by TxDOT or Brazoria County. Development of the BCMP has been in process for about 18 months. Inclusion of a project on the BCMP and the MTP enhances its ability to be funded. Also these projects are projects that the council has previously recommended to be on the BCMP. Please note that Yost -Scarsdale is on the list. Staff recommends this project stay on the planning list at this time because the MTP is only updated every 3-5 years. The City is not obligated to construct the project simply because it is on the MTP and it can be dropped during the next update, depending on the results of the current traffic analysis. The classification and cost estimate for this project has been downgraded from a "major thoroughfare" to a "major. collector". Projects sponsored by either TxDOT or Brazoria County include, FM 518 improvements, SH 288 improvements, direct connectors at SH 288/BW 8, expansion of FM 2234, expansion of CR 403 (near Southdown), and improvements to CR 129 between Friendswood and SH 35. Staff recommended the adoption of this resolution or provide recommendation for project modifications. Voting "Aye" Councilmembers Tetens, Berger, Wilkins, and Seeger. Page 7 of 24 - 2/14/2000 129 Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. COUNCIL ACTION - RESOLUTION NO. R2000-17 - 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 THE STATE OF TEXAS, BY AND THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION, ALLOWING SELECTION OF AN ENGINEERING FIRM TO PREPARE THE PRELIMINARY ENGINEERING AND ENVIRONMENTAL ASSESSMENTS FOR PORTIONS OF THE McHARD ROAD AND PEARLAND PARKWAY EXTENSION PROJECTS. Mr. Alan Mueller, Deputy City Manager. Mayor Pro -Tem Berger made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2000-17. In an executive summary given by Deputy City Manager, Alan Mueller, he stated that this project includes the portion of McHard Road/Pearland Parkway that was funded for construction as a demonstration project in the last Federal Highway Bill. This agreement agnails the City to begin selection of an engineering firm to prepare the Preliminary Engineering and Environmental Assessment forthe project. The pre -construction studies, design, and reviews could take as long as two -three years. The $70, 000 in review fees is for the entire project through construction. The fees will be paid in installments. $14,000 is payable upon execution of the Agreement. The project budget is based on 100% local funding for two lanes from Beltway 8 to McHard and 20% local funding for the balance. This arrangement was discussed several months ago in conjunction with private developments in the area to speed up completion of a portion of the road. This arrangement is subject to an approved development agreement with the private developer. In the absence of an agreement, the project would proceed as a typical 80/20 project. Staff recommends that Council approve agreement. Voting "Aye" Councilmembers Seeger, Wilkins, Berger, and Tetens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. COUNCIL ACTION - RESOLUTION NO. R2000-20 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR THE PURCHASE OF A Page 8 of 24 - 2/14/2000 130. STATIONARY GENERATOR FROM WAUKESHA-PEARCE INDUSTRIES IN THE AMOUNT OF $36,072.66. Mr. Gordon Island, Purchasing Officer. Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Berger, to approve Resolution No. R2000-20. In an executive summary given by Purchasing Officer, Gordon Island, he stated that the contract pricing (Bid No. 2000-024) has been received from inter -local cooperative partner Houston Galveston Area. Council of Governments (HGAC) for one (1) Stationary Generator proved in the FY 99/00 Budget. The contract pricing from HGAC was selected for this purchase because of the agencies traditionally low pricing on quality equipment. The low pricing is the direct result of the large volume of generators included in their bid solicitation. We have further determined that the purchase price is very competitive in the current market. An evaluation team from the Water Production -Wastewater department reviewed the contract specifications and concurs with this recommendation. The generator will provide backup power to the Magnolia Water Well in the occurrence of a power outage. The City is required by the TNRCC to have backup power supply at water production sites. The Koher generator included in their purchase will keep continuity with other Kohler generators the City now owns and can easily be included to the City's maintenance contract in the future. The City of Pearland has an Interlocal cooperative agreement with the Houston Galveston Area Council (HGAC) to participate in their cooperative program. This program meets all the requirements of the Local Government Code for competitive bidding. Staff recommends purchase of a stationary generator to the Houston Galveston Area Council, Houston, Texas in the amount of $36,072.66. Voting "Aye" Councilmembers Tetens, Berger, Wilkins, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. FIRST READING OF ORDINANCE NO. 950 - AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (NORTH AND EAST OF THE EXISTING CITY LIMITS) AT THE REQUEST OF REED -WEST INVESTMENTS, INC.; APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; AND Page 9 of 24 - 2/14/2000 13! PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. Mr. Alan Mueller, Deputy City Manager. Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 950 on its first reading. Deputy City Manager, Alan Mueller, stated that this annexation has been requested by the developer. All statutory requirements have been met. Staff recommends the approval of this ordinance. Voting "Aye" Councilmembers Seeger, Wilkins, Berger, and Tetens. Voting "No" None. Motion passed 4 to 0, with Councilmember Beckman absent. FIRST READING OF ORDINANCE NO. 951 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENAMING GARDENS ROAD (COUNTY ROAD 556) AS HAWK MEADOWS DRIVE; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Berger, to approve Ordinance No. 951 on its first reading. City Attorney, Darrin Coker, stated that the residents along Gardens Road have experienced problems with their mail and emergency responses due to confusion with Garden Road, therefore, a petition has been submitted requesting a road name change. Staff recommends passing Ordinance No. 951 changing the name from Gardens Road to Hawk Meadow Drive. Voting "Aye" Councilmembers Tetens, Berger, Wilkins, and Seeger. Voting "No" None. Motion passed 4 to 0, with Councilmember Beckman absent. FIRST READING OF ORDINANCE NO. 952 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF ASPHALT Page 10 of 24 - 2/14/2000 132 PAVING INTO THE CITY'S RIGHT-OF-WAY ALONG PORTIONS OF NORTH GRAND BOULEVARD, JASMINE STREET, AND NORTH HOUSTON AVENUE, IN THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS. Mr. Darrin Coker, City Attorney & Mr. Gene Tumlinson, Director of Community Development and Services. Mayor Pro -Tem Berger made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 952 on its first reading. Director of Planning and Community Development, Gene Tumlinson, stated that Mike O'Day of United Methodist Church, 2314 N. Grand Boulevard, is requesting permission to install parking over the ditch on North Grand Boulevard, Jasmine Street and North Houston Avenue to allow guest and handicap parking. Staff recommended that Council approve this ordinance. Voting "Aye" Councilmembers Seeger, Wilkins, Berger, and Tetens. Voting "No" None. Motion passed 4 to 0, Councilmember Beckman absent. FIRST READING OF ORDINANCE NO. 953 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF VARIOUS FACILITIES OF THE FIRST BAPTIST CHURCH, PEARLAND, INTO THE CITY'S RIGHT- OF-WAY LOCATED AT 4201 WEST BROADWAY IN THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS. Mr. Darrin Coker, City Attorney & Mr. Gene Tumlinson, Director of Community Development and Services. Councilmember Wilkins made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 953 on its first reading. City Attorney, Darrin Coker, stated that the First Baptist is currently on the real estate market and scheduled for closing shortly. The title company will not close on the property until existing encroachments in the City's right-of-way are waived. There are multiple encroachments identified on Exhibit A, however, City staff has reviewed the same and there are no objections to the request. Staff recommends consideration of Ordinance No. 953. Voting "Aye" Councilmembers Tetens, Berger, Wilkins, and Seeger. Page 11 of 24 - 2/14/2000 Voting "No" None. 133 Motion passed 4 to 0, with Councilmember Beckman absent. FIRST AND ONLY READING OF ORDINANCE NO. 220-8 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ARTICLE 1, 1N GENERAL, OF CHAPTER 30, UTILITIES, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AUTHORIZE THE ASSESSMENT OF CHARGES AGAINST PERSONS RESPONSIBLE FOR ILLEGAL CONNECTIONS OR TAMPERING WITH EQUIPMENT AND TO ESTABLISH PROCEDURES TO TERMINATE SERVICES ON DELINQUENT ACCOUNTS; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE UTILITIES INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Darrin Coker, City Attorney. Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 220-8 on its first reading. City Attorney, Darrin Coker, stated in an executive summary that concerns were raised by Utility Billing regarding the collection of delinquent accounts and repair cost occasioned by the tampering with equipment. Proposed Ordinance No. 220-8 provides procedures for assessing the cost of repairs to the account of the party responsible for tampering with the equipment, to terminate utility service after notice and an opportunity to be heard, and to assess liens on property being served by delinquent accounts. Staff recommends Council pass Ordinance No. 220-8. Voting "Aye" Councilmembers Seeger, Wilkins, Berger, and Tetens. Voting "No" None. Motion passed 4 to 0, with Councilmember Beckman absent. COUNCIL ACTION - RESOLUTION -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ENCOURAGING THE BRAZORIA COUNTY CRIMINAL DISTRICT ATTORNEY'S OFFICE TO UTILIZE ALL APPORIATE RESOURCES, INCLUDING OTHER INVESTIGATORY AGENCIES TO THOROUGHLY EXAMINE THE Page 12 of 24 - 2/14/2000 134 ALLEGED WRONGFUL, OR ILLEGAL ACTS CONTAINED IN THE INVESTIGATION REPORT SUBMITTED BY SANDERSON, KNOX & BELT, L.L.P. AND PREVIOUSLY PROVIDE TO THE DISTRICT ATTORNEY'S OFFICE. City Council. Councilmember Tetens made the motion, seconded by Councilmember Berger, to approve Resolution No. R2000-22. Mayor Pro -Tem Berger stated for those of the public that have read the Independent Investigation will notice that there is hundreds of thousands of dollars of possible money owed to the tax payers of Pearland that the City wants to recoup if we can. He further stated if there is proof other wise then he suggested anyone with that proof take it to Angleton and present it the Grand Jury, because they will want to see it. Voting "Aye" Councilmembers Tetens, Berger, Wilkins, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. COUNCIL ACTION -COUNCIL ACCEPTANCE OF CLEAR CREEK PARK SUBDIVISION. Mr. John Hargrove, City Engineer. Mayor Pro -Tem Berger made the motion, seconded by Councilmember Wilkins, to accept Clear Creek Park Subdivision. City Engineer, John Hargrove, addressed Council and stated that the subdivision will add 152 lots on about 47 acres. This is on the north end of Pearland Parkway. Mr. Hargrove further stated that the subdivision is ready for acceptance, operation and maintenance. Voting "Aye" Councilmembers Seeger, Wilkins, Berger, and Tetens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. COUNCIL ACTION - RESOLUTION NO. R2000-21 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING NEGOTIATION OF A DEVELOPMENT AGREEMENT RELATING TO THE DEVELOPMENT OF CERTAIN LAND IN THE CITY'S EXTRATERRITORIAL JURISDICTION, DESCRIBING CERTAIN TERMS THEREOF; AND RELATED MATTERS. Mr. Darrin Coker, City Attorney. Page 13 of 24 - 2/14/2000 Councilmember Wilkins made the motion, seconded by Councilmember Seeger, to approve Resolution No. R2000-21. City Attorney, Darrin Coker, stated that the proposed resolution is the logical first step toward developing a strategic partnership agreement with the developer of 1100 acres located in the vicinity of Highway 6 and FM 521. The resolution in no way commits Council to entering such an agreement, but merely indicates the City's intent to negotiate in good faith. Negotiations will focus on the bullet points previously provided to the Council. Staff recommends Council consider proposed resolution. Voting "Aye" Councilmembers Tetens, Berger, Wilkins, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Beckman absent. FIRST READING OF ORDINANCE NO. 509-396- 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 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, BRAZORIA CO., TEXAS (APPLICATION NO. 855) (1829 GARDEN ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF DANIEL & DIANE ESTES, 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 Seeger made the motion, seconded by Councilmember Wilkins to approve Ordinance No. 509-396 (Application No. 855) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 855). Director of Community Development & Services Gene Tumlinson stated in an executive summary that Zone Change Application No. 855 is a request to change the zoning classification from Suburban Development to Commercial District at 1829 Garden Road. Page 14 of 24 - 2/14/2000 136 Mayor Pro -Tom Berger asked Mr. Tumlinson if this was the property owner that has requested the land use re -zoned because they want to sale this property to the next door neighbor. Director of Community Development & Services Gene Tumlinson stated that the neighbor already had a contract on the property and they will be purchasing the property. The property that currently owns is already zoned Commercial. Voting "Aye" None. Voting "No" Councilmembers Seeger, Wilkins, Berger, and Tetens. Motion failed 4 to 0, with Councilmember Beckman absent. FIRST READING OF ORDINANCE NO. 509-397- 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 .5238 ACRE TRACT OUT OF LOT 1, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION OF SECTION 10, H.T. & B.R.R. CO. SURVEY, A-505, BRAZORIA CO., TEXAS (APPLICATION NO. 856) (12935 STONE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF BYRON STEPHEN SUTHERLAND, 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, Director of Community Development and Services. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Berger, to approve Ordinance No. 509-397 (Application No. 856) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 856). Councilmember Tetens stated that the tracts of land that surrounds this on two sides have asked for residential zoning on that land. Voting "Aye" None. Voting "No" Councilmembers Tetens, Berger, Wilkins, and Seeger. Page 15 of 24 - 2/14/2000 137 Motion failed 4 to 0, with Councilmember Beckman absent. FIRST READING OF ORDINANCE NO. 509-398- 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 7.60 ACRES AND 12.10 ACRES OUT OF THE T.D. YOCUM SURVEY, A-399, AND THE A.C.H. & B.B. SURVEY, A-147, BRAZORIA CO., TEXAS (APPLICATION NO. 850) (PEARLAND PARKWAY BETWEEN MARY'S CREEK & JOHN LIZER) FROM CLASSIFICATION SUBURBAN DEVELOPMENT -BUSINESS DISTRICT (SD -B) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF ROBERT D. & JACQUELINE S. BURGESS, 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. Mayor Pro -Tem Berger made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 509-398 (Application No. 850) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 850). Director of Community Development & Services Gene Tumlinson stated in an executive summary that the Zone Change Application No. 850 is a request to change the zoning classification from Suburban Development - Business District to General Business District at Pearland Parkway and John Lizer Road. Voting "Aye" Councilmembers Seeger, Wilkins, Berger, and Tetens. Voting "No" None. Motion passed 4 to 0, with Councilmember Beckman absent. FIRST READING OF ORDINANCE NO. 509-399- 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 Page 16 of 24 - 2/14/2000 138 MEDICAL PLAZA ON THE FOLLOWING PROPERTY, TO -WIT BEING 6.363 ACRES OUT OF LOTS 49 & 50, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 85, H.T. & B.R.R. CO. SURVEY, A-305, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 799 & SPECIFIC USE NO. 69) (BROADWAY STREET) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS - SPECIFIC USE (GB -S) AT THE REQUEST OF JACK MCGUFF, JR., A.I.A., AGENT FOR BOBBY L. STEVENER, D.V.M., 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. Councilmember Wilkins made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-399 (Application No. 799 & SPU 69) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 799 & SPU 69). Director of Community Development & Services Gene Tumlinson stated that the Zone Change Application No. 799 and specific use no. 69 is a request to change the zoning classification from Suburban Development District to General Business District -Specific Use at Broadway Street. Voting "Aye" Councilmembers Seeger, Wilkins, Berger, and Tetens. Voting "No" None. Motion passed 4 to 0, with Councilmember Beckman absent. FIRST READING OF ORDINANCE NO. 509-400- 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 211.9140 ACRES IN THE W.D.C. HALL SURVEY, A-23, HARRIS COUNTY, TEXAS, RECORDED UNDER COUNTY CLERK'S FILE NO. T464162, OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF HARRIS COUNTY, TEXAS (APPLICATION NO. 840) (BELLAVITA @ GREEN TEE) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-4 PUD) AT THE REQUEST OF RENEE WEST, AGENT FOR REED -WEST INVESTMENTS, LTD., OWNER, PROVIDING FOR AN Page 17 of 24 - 2/14/2000 13-5 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. Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 509-400 (Application No. 840) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 840). Director of Community Development & Services Gene Tumlinson stated that the Zone Change Application No. 840 is a request to change the zoning classification from Suburban Development of Single Family Dwelling District (R-4 PUD) at Bella Vita at Green Tee. Voting "Aye" Councilmembers Tetens, Berger, Wilkins, and Seeger. Voting "No" None. Motion passed 4 to 0, with Councilmember Beckman absent. FIRST READING OF ORDINANCE NO. 509-401- 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 4.7412 ACRE TRACT OUT OF A 10.0515 TRACT, THE EAST 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF SECTION 14, H.T. & B.R.R. CO. SURVEY, A-509, VOLUME 1230, PAGE 50, DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 625) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF ROBERT & BARI SCHERRER, 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. FIRST READING OF ORDINANCE NO. 509-402- 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 18 of 24 - 2/14/2000 140 PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING A 1.0101 ACRE TRACT OF LAND KNOWN AS LOT 10, BETHEL SUBDIVISION, SECTION 2, AN UNRECORDED SUBDIVISION OF 25.9538 ACRES OUT OF LOTS 39,40,55,& 56, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 19, H.T. & B.R.R. CO. SURVEY, A-543, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 853) STONE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF JOHN & SHARON PIERSON, 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. FIRST READING OF ORDINANCE NO. 509-403- 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 3.6419 ACRE TRACT KNOWN AS LOT 7, BETHEL SUBDIVISION, SECTION 2, AN UNRECORDED SUBDIVISION OF 25.9538 ACRES OUT OF LOTS 39,40, 55, & 56 OF THE ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243, ,.y BRAZORIA COUNTY, TEXAS (APPLICATION NO. 857) (13814 STONE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF KIM & JULIE DAVIDSON, 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. FIRST READING OF ORDINANCE NO. 509-404- 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 4, BLOCK 12, WEST LEA SUBDIVISION, SECTION 3, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 859) (MANVEL ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF SUZANNE P. SPOON, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, Page 19 of 24 - 2/14/2000 X4:1 AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Gene Tumlinson, Director of Community Development and Services. FIRST READING OF ORDINANCE NO. 509-405- 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 2.99 ACRES IN LOT 57, ALLISON RICHEY GULF COAST HOME COMPANY'S PART OF SUBURBAN GARDENS, SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 2, PAGE 23, OF THE PLAT RECORDS OF BRAZORIA COUNTY (APPLICATION NO. 860) (14001 GARDEN ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF HALLIE 0. SADBERRY, 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, Director of Community Development and Services. FIRST READING OF ORDINANCE NO. 509-406- 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, BLOCK 8, HICKORY CREEK PLACE, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 861) (6421 KELLY) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF SHERRI HICKMAN, 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, Director of Community Development and Services. FIRST READING OF ORDINANCE NO. 509-407- 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 OF LAND OUT OF LOT 169, ZYCKLINSKI SUBDIVISION, SECTION 27, H.T. &'B.R.R. CO. SURVEY, A-308, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF IN VOLUME 29, PAGE 9, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS Page 20 of 24 - 2/14/2000 1« (APPLICATION NO. 862) (119 HERBERT DRIVE) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF JESSIE H. BOWMAN & CARY E. McDONALD, 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 Tetens made the motion, seconded by Mayor Pro -Tem Berger, to approve Ordinance No. 509-401, 509-402, 509-403, 509-404, 509-405, 509-406, & 509- 407 on their first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application Nos. 625,835,857,859,860,861,& 862). Director of Community Development & Services Gene Tumlinson stated that the Zone Change Applications Nos. 625,835,857,859,860,861,862 is a request to change the zoning classifications from Suburban Development District to. Single Family Dwelling District at the request of the owners. Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger. Voting "No" None. Motion passed 4 to 0, with Councilmember Beckman absent. COUNCIL ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO. 863) AT THE REQUEST OF CHARLIE EASON, AGENT FOR 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 COMMERCIAL DISTRICT (C) ON THE FOLLOWING DESCRIBED PROPERTY BEING A 5.0002 ACRE TRACT OF LAND BEING THE SOUTH 1/20F LOT 34, H.T. & B.R.R. CO. SURVEY, SECTION 6, A-544, BRAZORIACOUNTY, TEXAS, ACCORDING TOTHE MAP OR PLAT THEREOF RECORDED IN VOLUME 136, PAGE 501, DEED RECORDS OF BRAZORIA COUNTY, TEXAS (O'DAY ROAD). Mr. Gene Tumlinson, Director of Community Development and Services. Page 21 of 24 - 2/14/2000 143 Mayor Pro -Tem Berger made the motion, seconded by Councilmember Tetens, to accept the recommendation of the Planning and Zoning Commission to deny Application No. 863. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to deny (Application 863). Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman. Voting "No" None. Motion passed 4 to 0, Councilmember Beckman absent. COUNCIL ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO. 854) AT THE REQUEST OF RAYMOND & EMMA VAUGHAN, OWNER, FOR AN AMENDMENTTO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF SAID CITY FROM SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) ON THE FOLLOWING DESCRIBED PROPERTY BEING 5.0 ACRES, MORE OR LESS, BEING THE NORTH 1/20F LOT 7, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243, BRAZORIA COUNTY, TEXAS (1025 CULLEN BOULEVARD). Mr. Gene Tumfinson, Director of Community Development and Services. Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Berger, to accept the recommendation of the Planning and Zoning Commission to deny Application No. 854. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to deny (Application 854). Mayor Pro -Tem Berger stated that Cullen Boulevard now being the geographical center of the City and a major entrance into Pearland, he cannot see that area being and industrial corridor, therefore, he will not support to deny this application. He said he will support that area to be zoned (R-1) Residential District. Councilmember Tetens stated the property owners have asked for this property to be zoned (R-1) which is the highest and best use of the land, and around their property is zoned (SD) Suburban Development which has not been zoned yet. The Comprehensive Page 22 of 24 - 2/14/2000 144 Plan shows low density in this area. He said he sees no reason to deny this request. This request for (R-1) should be approved. Councilmember Wilkins stated that he concurs with Mr. Tetens, and will be voting against Planning and Zoning Commission's recommendation. Councilmember Seeger stated that he is using the Comprehensive Plan to assist with decision, and he also will vote against the denial of this request. Voting "Aye" None. Voting "No" Councilmembers Tetens, Berger, Wilkins, and Seeger. Motion failed 4 to 0, Councilmember Beckman absent. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:01 p.m. to discuss the following. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 - CONSULTATION WITH THE CITY ATTORNEY REGARDING POTENTIAL LITIGATION ASSOCIATED WITH THE FINDINGS OF THE INDEPENDENT INVESTIGATION. Council returned from Executive Session at 9:34 p.m. NEW BUSINESS (CONTINUED): COUNCIL ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING POTENTIAL LITIGATION ASSOCIATED WITH THE FINDINGS OFTHE INDEPENDENT INVESTIGATION. Mr. Darrin Coker, City Attorney. Councilmember Seeger made the motion, seconded by Councilmember Wilkins to authorize legal staff to pursue all legal avenues including but not limited to hiring outside legal counsel to collect lost revenues identified in the Independent Investigation. Voting "Aye" Councilmembers Tetens, Berger, Wilkins, and Seeger. Page 23 of 24 - 2/14/2000 Voting "No" None. 1.45 Motion passed 4 to 0, Councilmember Beckman absent. Meeting was adjourned at 9:35 p.m. ADJOURNMENT Minutes approved as submitted and/or corrected this the g8th day of Fahr ,Ary , 2000. Tom Reid Mayor ATTEST: Page 24 of 24 - 2/14/2000