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2000-03-27 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MARCH 27, 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 Tom Reid Mayor Pro -Tem William Berger Councilmember Helen Beckman Councilmember Richard Tetens Councilmember Larry Wilkins Councilmember Klaus Seeger City Manager Glen Erwin City Attorney Darrin Coker City Secretary Young Lorfing 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; Grants Coordinator Chris Kidwell; Director of Community Development & Services Gene Tumlinson; Parks & Recreation Director Ed Hersh. r— The invocation was given by Councilmember Wilkins, and the Pledge of Allegiance was led by Mayor Pro -Tem Berger. CouncilmemberTetens made the motion, seconded by Mayor Pro -Tem Berger, to approve the minutes of the March 13, 2000, Regular Council Meeting held at 7:30 p.m. Voting "Aye" Councilmembers Seeger, Berger, Tetens, and Beckman. Voting "No" None. Voting "Abstain" Councilmember Wilkins. Motion Passed 4 to 0, with 1 abstention. Page 1 of 38 - 3/27/2000 MAYOR'S ACTIVITY REPORT Mayor Reid, Councilmembers Beckman and Tetens presented a Proclamation to the students and parents representing the Senior Class of Pearland High School in honor of "Project Graduation." Mayor Reid reported that on March 14 he attended the Keep Pearland Beautiful Open House; March 15 he attended the Brazoria County Cities Association Monthly Meeting; March 16 he attended the Brazoria County Interlocal Committee Meeting, and the Gulf Coast Water Authority Board Meeting; March 20 he met with Congressman Tom Delay, and also attended the City Council Workshop; March 21 he attended the HGAC Board of Directors Meeting; March 22 he attended the Stewart Title Ribbon Cutting, and also the Weatherford Ribbon Cutting; March 23 he attended the Library Grand Opening; and March 24 he attended the HGAC/Transportation Policy Council Monthly Meeting. COUNCIL ACTIVITY REPORTS Councilmember Beckman stated that on March 14 she attended the Chamber Mixer; March 15 she attended the BCCA Meeting in Brazoria; March 23 she attended the grand opening of the Brazoria County Pearland Branch Library and the dedication of the new City building to Mayor Tom Reid; March 24, she attended a Community Meeting in Angleton regarding air quality standards, and March 25 she attended the Eagle Code of honor for Kent Showban. Councilmembers Tetens, Berger, Wilkins, and Seeger did not give a report. CITY MANAGER'S REPORT City Manager Glen Erwin stated that he did not have anything to report at this time. CITIZENS Charles McMurry, 5209 Spring Branch Dr., addressed Council and thanked them for being so kind in giving him their time to listen to his concerns. He stated that the Council is under paid, and perhaps if they were paid more they would raise the homestead exemption. Mr. McMurry further stated that he also hopes to see the Council Candidates in the up coming election discuss the issue of homestead exemptions. Robert Schiner, 6116 Dee Road, presented the Council with a petition asking Council to select the Northmost option for the routing of McHard Road. The Northmost option would Page 2 of 38 - 3/27/2000 provide several hundred feet or more of buffer space for the residents homes. In closing Mr. Schiner stated that he is a registered architect, and he has an understanding of this process. Mayor Reid asked each City Council candidate that was present in the audience to introduce them self, and the introduction was as follows: Randy Patro, Position No. 2, will appear second on the ballot; Christopher G. Heitman, Position No. 2, will appear third on the ballot; Woody Owens, Position No. 2, will appear fourth on the ballot; Larry Marcott, Position No. 4, will appear first on the ballot; Bill Berger, Position No. 4, will appear second on the ballot. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 959 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, INCREASING THE FEE CHARGED FOR THE INSTALLATION OF BANNERS ACROSS FM 518 AND STATE HIGHWAY 35; HAVING A SAVINGS CLAUSE; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 450-25 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 450 AS THE SAME MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, FOR THE PURPOSE OF ESTABLISHING AND REESTABLISHING CLASSIFICATIONS AND NUMBER OF AUTHORIZED POSITIONS IN THE CLASSIFIED SERVICE OF THE CITY OF PEARLAND, PURSUANT TO SECTION 143.021 OF THE LOCAL GOVERNMENT CODE OF THE STATE OF TEXAS; PROVIDING A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A REPEALER CLAUSE, AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Mr. J.C. Doyle, Police Chief. D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-415 - 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 Page 3 of 38 - 3/27/2000 CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING LOT 3 OF THE PARTITION OF THE EAST'/2 OF THE NORTHWEST 1/40F SECTION 15 OF H.T. & B.R.R. CO. SURVEY, A-241 OF BRAZORIA COUNTY, TEXAS ACCORDING TO THE MAP OR RECORD IN VOLUME 441, PAGE 265 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 864) (5518 BROADWAY) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL (C) AT THE REQUEST OF BOB G. YORK, 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 TOTHE SUBJECT. Mr. Gene Tumlinson, Director of Community Development and Services. E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-417 - 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 4.9991 ACRE TRACT, BEING THE NORTH 1/2 OF LOT 19, ALLISON RICHEY GULF COAST HOME CO. SUBURBAN GARDENS SUBDIVISION, SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243, BRAZORIA COUNTY, TEXAS AS PER MAP OR PLAT THEREOF RECORDED IN VOLUME 2, PAGE 23 & 24, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 865) (ADAMO LANE) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF CHARLES & DELORES 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. Mr. Gene Tumlinson, Director of Community Development and Services. F. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-418 - 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 2.9799 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 COUNTY, TEXAS (APPLICATION NO. 866) (12931 STONE ROAD) FROM Page 4 of 38 - 3/27/2000 CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF JUANITA 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, Directorof CommunityDevelopment and Services. G. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-419 - 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 8.88 ACRES OUT OF LOT 1-F OF THE W.W. STONE ESTATE, LOCATED IN THE W.T. DOBSON SURVEY, A-187, BRAZORIA COUNTY TEXAS (APPLICATION NO. 867) (12906 STONE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R- 1) AT THE REQUEST OF BYRON & JUANITA SUTHERLAND, 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. H. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-420 - 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 TRACT OF LAND BEING SITUATED IN LOT 59, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 868) (14210 GARDENS ROAD (CR 556)) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF JOSE J. CAVAZOS, 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. Page 5 of 38 - 3/27/2000 CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-421 - 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.9995 ACRE, THE NORTH 1/20F 1.999 ACRES, DESCRIBED IN VOLUME 1506, PAGE 419, DEED RECORDS OF BRAZORIA COUNTY, TEXAS IN LOT 59, ALLISON RICHEY GULF COAST HOME CO. SUBURBAN GARDENS, SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243, BRAZORIA COUNTY, TEXAS, VOLUME 2, PAGE 23, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 869) (14215 GARDENS ROAD (CR 556)) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF STEPHEN W. LONG, 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. J. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-422 - 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 OFCERTAIN REAL PROPERTY LOCATION BEING 1.0 ACRE OF LAND SITUATED IN LOTS 57 & 58, OF THE 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 RECORDED IN VOLUME 2, PAGES 23-24, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 870) (14019 GARDENS ROAD (CR 556)) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF GILBERT & FRANCES RAMIREZ, 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. K. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-423 - AN ORDINANCE OF THE CITY COUNCIL OF Page 6 of 38 - 3/27/2000 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 1.0 ACRE OF LAND SITUATED IN LOT 59, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 19, G.T. & B.R.R. CO. SURVEY, A-243, BRAZORIA COUNTY, TEXAS ACCORDING TO THE PLAT RECORDED IN VOLUME 2, PAGE 23 & 24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 871) (14211 GARDENS ROAD (CR 556)) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R- 1) ATTHE REQUEST OF JOHN T. BROWNE, JR., OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Gene Tumlinson, Director of Community Development and Services. L. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-424 - 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 1.0 ACRES OF LAND, MORE OR LESS, OUT OF LOT 58 OF THE ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243 OF BRAZORIA COUNTY, TEXAS JAPPLICATION NO. 872) (14103 GARDENS ROAD (CR 556)) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R- 1) AT THE REQUEST OF ARNOUT C. & JUDITH A. RUIFROK, 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. M. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-425 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING A 1.2490 ACRE TRACT OUT OF LOT 57, ALLISON RICHEY GULF COAST SUBDIVISION, Page 7 of 38 - 3/27/2000 SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243, BRAZORIA COUNTY, TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 2, PAGE 23, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 873) (14002 GARDENS ROAD (CR 556)) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF DANNY G. & LINDA BEEMAN, 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. N. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-426 - 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 1.0 ACRES OF LAND SITUATED IN LOTS 57 & 58 OF THE ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 19, H.T. & B.R.R. CO. SURVEY, A- 243, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 874) (14020 GARDENS ROAD (CR 556)) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF DONALD R. MURRAY, 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. 0. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-427 - 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 6.68 ACRES OUT OF A 10 ACRE TRACT IN THE NORTH PART OF LOT 6, H.T. & B.R.R. CO. SURVEY, SECTION 19, A-243, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 876) (925 CULLEN BOULEVARD (FM 865)) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF RAYMOND & EMMA VAUGHAN, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE Page 8 of 38 - 3/27/2000 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. P. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-428 - 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 3.32 ACRES, MORE OR LESS, OUT OF THE SOUTHERLY PORTION OF LOT 6, A SUBDIVISION OF SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 877) (927 CULLEN BOULEVARD (FM 865)) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF ROBERT & ELIZABETH MELINDER, 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. Q. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-429 - 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 1.0 ACRES IN LOT 58, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243, BRAZORIA COUNTY, TEXAS ACCORDING TO THE PLAT RECORDED IN VOLUME 2, PAGES 23-24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 878) (14155 GARDENS ROAD (CR 556)) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R- 1) AT THE REQUEST OF WALLACE MIZE, 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. Page 9 of 38 - 3/27/2000 R. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-430 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING A 1.75 ACRE TRACT OUT OF LOTS 58 & 59, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243, BRAZORIA COUNTY, TEXAS ACCORDING TO THE MAP AS RECORDED IN VOLUME 2, PAGES 23-24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 879) (14203 GARDENS ROAD (CR 556)) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF DALE & BILLIE MOORE, 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. S. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-431 - 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 18, BLOCK 3, WAGON WHEEL, SECTION 14 OF H.T. & B.R.R. CO. SURVEY, A-509, IN BRAZORIACOUNTY, TEXASACCORDING TOTHE MAPOR PLATTHEREOF RECORDED IN VOLUME 8, PAGES 79, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 880) (5917 LARRYCREST) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF VIOLET M. ROBERTSON, OWNER, PROVIDING FOR AN AMENDMENTOFTHE 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. T. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-432 - 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 Page 10 of 38 - 3/27/2000 CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 1 ACRE OF LAND IN LOT 59, ALLISON RICHEY GULF COAST HOME COMPANY'S PART OF SUBURBAN GARDENS, SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243, BRAZORIA COUNTY, TEXAS ACCORDING TOT THE MAP OR PLAT RECORDED IN VOLUME 2, PAGE 23 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 882) (GARDENS ROAD (CR 556)) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF GRACE HAWK, 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. U. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-433 - 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 ACRE IN LOT 57, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243, BRAZORIA COUNTY, TEXAS ACCORDING TO THE PLAT RECORDED IN VOLUME 2, PAGE 23-24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 883) (14018 GARDENS ROAD (CR 556)) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R- 1) AT THE REQUEST OF AVA LYNN FREE, 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. V. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-434 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING THE EAST 2/3 OF TRACT 71, HAHL'S FIGLAND ORCHARD SUBDIVISION NO. 1, A SUBDIVISION OF SECTION 13, H.T. & B.R.R. CO. SURVEY, A-240, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OF RECORD IN VOLUME 3, Page 11 of 38 - 3/27/2000 PAGE 77, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 887) (5917 FITE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF YSIDORO C. MEZA, OWNER, PROVIDING FORANAMENDMENT 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 asked that Item B, Ordinance No. 960, be removed from the Consent Agenda. Councilmember Beckman made the motion, seconded byCounciImember Tetens, to adopt the Consent Agenda Items A through V, on their second and final reading, reserving Item B for further discussion. Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA - B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 960 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REVISING THE CAPITAL IMPROVEMENTS PLAN FOR THE CITY OF PEARLAND; UPDATING IMPACT FEES IN ACCORDANCE WITH STATE LAW; MAKING CERTAIN FINDINGS; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION AND AN EFFECTIVE DATE. Mr. Alan Mueller, Deputy City Manager. As requested by Councilmember Tetens Item B, Ordinance No. 960, was removed from the Consent Agenda. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Berger, to table Item B Ordinance No. 960, on its second and final reading. Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger. Page 12 of 38 - 3/27/2000 Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS COUNCIL ACTION - PRESENTATION OF AUDIT FOR FISCAL YEAR ENDING SEPTEMBER 30, 1999, BY NULL-LAIRSON, AND ACCEPTANCE OF AUDIT INTO THE RECORDS OF THE CITY. Mr. Glen Erwin, City Manager. Mayor Pro -Tem Berger made the motion, seconded by Councilmember Wilkins, to accept the audit into the records of the City. Chuck Yaple, Null-Lairson, presented the audit for fiscal year ending September 30, 1999. After the presentation City Manager, Glen Erwin, stated that Staff recommends the acceptance of the audit as presented. Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman. Voting "No" None. Motion passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2000-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 AUTHORIZING THE ISSUANCE OF $3,740,000 UNLIMITED TAX BONDS, SERIES 2000. Mr. Darrin Coker, City Attorney. Councilmember Wilkins made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2000-40. In an executive summary given by City Attorney Darrin Coker he stated that Brazoria County MUD No. 6 has petitioned the City for the right to issue $3,740,000 in unlimited tax bonds. This is a procedural requirement of the ordinance that created MUD No. 6. He also stated that City Manager, Glen Erwin, Deputy City Manager, Alan Mueller, and himself all have reviewed the debt service plan and agree that the debt is structured properly. Therefore, staff does not oppose the issuance of the aforementioned bonds. Page 13 of 38 - 3/27/2000 Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0, COUNCIL ACTION RESOLUTION NO. R2000-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AND ADOPTING THE GOALS PROMULGATED DURING THE CITY'S 2000 ANNUAL PLANNING WORKSHOP. Mr. Glen Erwin, City Manager. Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2000-37. In an executive summary given by City Manager, Glen Erwin, stated that a copy of the City Council Goals were previously provided for Council's review. Once adopted, the City Council will receive periodic updates regarding the implementation of the approved goals, and Staff recommends consideration of Resolution No. 2000-37. Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2000-38 - 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 POTABLE WATER FROM THE CITY OF HOUSTON. Mr. Alan Mueller, Deputy City Manager. Councilmember Beckman made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2000-38. In an executive summary given by Deputy City Manger, Alan Mueller, stated that one of the City's goals for the past several years has been to reduce its reliance on groundwater by developing a contract to purchase surface water or other water supplies. Negotiations with the City of Houston to purchase water from Houston began in 1997. Various "take points," such as SH 35, Monroe, Cullen, or Hughes Road, have been discussed as possible future connections. During the discussions regarding Shadow Creek Ranch it Page 14 of 38 - 3/27/2000 was determined that the first take point should be on McHard Road, west of FM 521. This take point will serve Shadow Creek Ranch and other area do the City until Shadow Creek is built out. At the time of build out, the Shadow Creek Ranch water demand is projected to equal the ultimate delivery capacity of the McHard Road line. The McHard Road take point will be networked with the City's existing distribution system. He further stated that Houston uses a fairly standard agreement for its treated water customers. The initial minimum monthly volume is 15 million gallons per month. This volume can be increased, subject to availability, on an annual basis. Houston has informed us that 6,000,000 gallons per day are available at this take point. As water demand grows, we will need the adjust the contracted amount to meet that demand. The water rate is set by City of Houston ordinance and is subject to change at their discretion. However, Pearland's rate will always be consistent with all treated water customers in the same class. Section 47- 16(f) of the Houston City Code is attached, which established the current rate at $1.13 per 1000 gallons. The cost for the first year at 500,000 gallons per day is $203,400. If we take more that the allotted 15,000,000 gallons per month, a surcharge is added to our bill. The metering equipment will be set up to take only 15,000,00 gallons per month unless the system water demand cannot be met by Pearland's other sources. There will be one master meter at the connection point. Houston will read the meter and bill Pearland monthly. Pearland will sell the water to our customers under normal rates and procedures. We do not begin payments to Houston until we begin taking water. Furthermore, the contract term is 40 years. The contract may only be terminated by either party in the even of an uncured default of the other party. Houston may limit water availability during emergencies or " force majeure" conditions. In the event that supply is restricted to less that the minimum take or pay quantity, Pearland will only pay for the amount of water taken and will not be held liable for the minimum contract payment. The City Attorney has reviewed an approved this agreement. The additional cost of the water purchase will be factored into the rate study that is currently under way. The design of the McHard Road water line is nearing completion. Staff recommends this contract be in place before the construction contract is awarded. The Shadow Creek Ranch development agreement calls for this line to be completed by August 2000. Barring unusual delays during the easement acquisition process, the project should be complete close to that deadline. Staff recommends approval of agreement. Councilmember Seeger asked what is the advantage of taking water now, if the City does not need it? Deputy City Manager, Alan Mueller, stated that as reported in the Impact Fee Study the City is at a deficiency in water supply right now, and taking this surface water on will help the City meet that deficiency. He further stated that the City will most likely have to add a water well on the west or central side of the City, just to provide capacity in that area for Page 15 of 38 - 3/27/2000 future reserve even if it is not needed. He further addressed other benefits of the City having this water source available after Shadow Creek Ranch is under construction. Mr, Mueller further stated that he anticipates taking water toward the end of this year, or the early part of next year. Mayor Pro -Tem Berger asked if 40 years is long enough for a contract or could the City have a longer contract? Deputy City Manager, Alan Mueller, stated that it is the City of Houston's standard contract. Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2000-39 - 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 THE TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL EMPLOYEE BENEFITS POOL TO FACILITATE THE TERMINATION OF THE TEXAS MUNICIPAL LEAGUE GROUP BENEFITS RISK POOL TRUST AND THE TRANSFER .OF ALL TRUST ASSETS AND LIABILITIES TO THE TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL EMPLOYEE BENEFITS POOL. Mr. Darrin Coker, City Attorney. Councilmember Tetens made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2000-39. Mayor Reid stated that he represents Region 14 of the Texas Municipal League Risk Pool Board, which is 18 counties in the Gulf Coast Area. The Risk Pool provides medical, dental, vision, and prescription insurance to eligible participates. Mayor Reid gave a brief history of the Risk Pool. The Risk Pool has existed for the 21 years as originally established. In June of 1999 a new corporation was formed and there will be a transition of the present officers and board. He further stated that it is a nonprofit organization established by the Texas Municipal League for insurance, and in order to be part of the new organization, therefore, the City must adopt the resolution accepting the change. City Manager, Glen Erwin, stated it is virtually a seamless transition. Page 16 of 38 - 3/27/2000 Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2000-41 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEETO EXECUTE A SPECIAL WARRANTY DEED AND RIGHT-OF-WAY AGREEMENTWITH HOUSTON PIPELINE COMPANY. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Berger made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2000-41. In an executive summary given by City Attorney, Darrin Coker, he stated that the proposed Special Warranty Deed conveys a two -acre tract, located in the David L. Smith site, to the City. It constitutes the final parcel of property required to complete the City's ownership of property in this area. Enron, Owners of the property, have agreed to donate the property to the City provided the City agrees to execute a right-of-way agreement protecting Enron's interest in an existing pipeline. He stated he has reviewed the documentation and recommends Council's approval of the Special Warranty Deed and r— Right -of -Way Agreement. Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2000-42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING BID NO. 2000-034 FOR THE SUPPLY OF SCOTT AIR BREATHING EQUIPMENTAND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR SAID EQUIPMENT. Mr. Gordon Island, Purchasing Officer. Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Berger, to approve Resolution No. R2000-42. In an executive summary given by Purchasing Officer, Gordon Island, he stated that sealed bids were received for a unit priced supply contract for Scott Air Breathing Page 17 of 38 - 3/27/2000 Equipment for the Fire Department. The contract period is for three years with option to extend for two additional one year periods. The City will purchase required quantities of new and replacement equipment as needed from budgeted fund accounts. Pricing is firm for the first 365 days of the contract and may be adjusted during the remaining contract period base on a pass through cost increases or decreases posted by the manufacturer. Mr. Island also gave a brief history of the Supply Contract stating that the Fire.Department has a scheduled maintenance and upgrade program to replace worn out, damaged, out of warranty and expired air breathing equipment. State of Texas regulations require all equipment to be replaced at various item intervals to assure maximum safety for our firefighters. This contract will allow the department to purchase required replacement and additional air breathing equipment demand warrants when they need them. This is a single source item only available from one manufacturer, solicitations however, were obtained form high volume dealers. To obtain the highest discounts and lowest price firm the bidders, we extended the contract term to three years with option years renewals. The contract allows the City to add additional items to the contract at the same discount. Staff recommends awards of a unit price supply contract to Four Alarm Fire Equipment, Houston, Texas in the estimated annual amount of $27,000. Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2000-43 - 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 CARTER & BURGESS, INC. FOR EVALUATION OF THE CITY'S WASTEWATER COLLECTION SYSTEM. Mr. Michael Ross, Project Manager. Councilmember Seeger made the motion, seconded by Tetens, to approve Resolution No. R2000-43. In an executive summary given by Project Manager Michael Ross, he stated that the City has an established program that targets certain areas of the wastewater collection system for rehabilitation (Inflow & Infiltration Program). Staff has systematically identified approximately 250,000 linear feet of high priority areas within the collection system that are in need of evaluation and rehabilitation. This contract will provide for the surveying and televising of the lines and manholes; preparation of plans and specifications; and the bidding of the two highest priority wastewater systems in the City (Longwood & Sleepy Page 18 of 38 - 3/27/2000 Hollow). This I & I project is one of the State Revolving Fund Tier III projects and funding is currently available in Account No. 064-9607-565.03-00. Staff recommends that Council approve the contract, and subsequent expenditure of $337,700 for the engineering services associated with the project. Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2000-44 - 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 COMMUNITIES -IN - SCHOOLS FOR COUNSELING SERVICES ASSOCIATED WITH THE CITY'S UNDERAGE DRINKING PROJECT. Mr. Chris Kidwell, Grants Coordinator. Councilmember Beckman made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2000-44. In an executive summary given by Grants Coordinator, Chris Kidwell, he stated that in October 1999, the State of Texas Criminal Justice Division awarded a grant to the City of Pearland to combat underage drinking. This grant includes a contractual component for full-time counseling services ($33,000). The City advertised for these services, and sent bid packets to four prospective bidders. To provide a fair and complete evaluation of the bids received, an Evaluation Committee from the Grants, Purchasing, Legal, and Police departments met to review the bids. Proposals were evaluated on the applicant qualifications, proposed service plan, and demonstrated ability to perform the required services within the stated time frame. The Evaluation Committee chose the application from Communities -In -Schools as the best proposal. Positive features of the proposal include a highly qualified staff and a strong presence in Pearland schools. Staff respectfully recommends that Council award the contract to Communities -In -Schools, chosen to be most qualified by the Evaluation Committee. Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. Page 19 of 38 - 3/27/2000 COUNCIL ACTION - RESOLUTION NO. R2000-45 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING BID NO. 2000-048 AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT TO REPLACE APPROXIMATELY ONE THOUSAND FEET (1000') OF SANITARY SEWER LINE. Mr. Jerry Burns, Public Works Director. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Berger, to approve Resolution No. R2000-45. In an executive summary given by Public Works Director Jerry Burns, he stated that In the City's initial meetings with Home Depot, we discussed the condition of 600-800 feet of existing sanitary sewer line that runs across the front parking lot of the store. This line presently provides sewer service to the two story office building located on 518 and will service the new Home Depot as well. Because the line was under the proposed concrete parking, talk of replacement were initiated by the City since the existing line was found to be in bad shape. At the time the City agreed to replace the line using City forces. It would make sense to replace the line before the parking lot is built. On Thursday, March 9'h, a meeting was held to coordinate the replacement of this line with the rest of the projected construction schedule. With the existing manpower shortages in Public Works and the Gardens Acres sewer project underway, the City will not be able to meet the time slot projected in the construction schedule unless we shut down the Garden Acres project. To meet the proposed schedule it was necessary to go out for informal bid on the project using the emergency bidding procedures as described in the Finance Department set of Standard Operating Procedures. Four Contractors were selected for the project. Documents were delivered on Friday, March 17, 2000, with a request to have their sealed bids in the Purchasing Office by Friday, March 24, 2000 at 2:00 p.m. Bids were to be opened at that time and read. Staff recommends that the City Council deem this project as an emergency. Staff also recommends that the bid be awarded to Haddock Construction Co., Inc., in the amount of $19,845.00, with a construction time of 15 days. Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 315-4 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION 29.353, TRUCK ROUTES, ARTICLE XVI, TRUCK TRAFFIC, CHAPTER 29, TRAFFIC, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME Page 20 of 38 - 3/27/2000 TO TIME, AMENDED, TO CORRECT STREET NAMES AND TRUCK ROUTES AS A RESULT OF RECENT ANNEXATIONS AND INCREASED COMMERCIAL AND INDUSTRIAL TRAFFIC CONDITIONS; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO UPDATE STREET NAMES AND TRUCK ROUTES INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Berger made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 315-4 on its first and only reading. In an executive summary given by City Attorney, Darrin Coker, stated that the City Engineering Department requested an amendment to Ordinance No. 315 to update the designated truck routes within the incorporated limits of the City. The proposed truck routes have been previously reviewed by the Pearland Police Department and the City Engineering Department. Discussion ensued between Council and Staff regarding the amending of the truck routes. After the discussion Councilmember Seeger stated that he moves to table this item for further review. Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Berger, to table Ordinance No. 315-4 on its first and only reading. Voting "Aye" Councilmembers Beckman, Berger, Wilkins, and Seeger. Voting "No" Councilmember Tetens. Motion Passed 4 tot. FIRST AND ONLY READING OF ORDINANCE NO. 943-1 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION 6.0, PARKS AND OPEN SPACES, OF THE CITY'S COMPREHENSIVE PLAN AS A GUIDE FOR PROPER DEVELOPMENT OF PARKS AND OTHER RECREATIONAL FACILITIES IN PEARLAND; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO PLAN FOR FUTURE Page 21 of 38 - 3/27/2000 GROWTH AND DEVELOPMENT BEARS DIRECTLY UPON THE HEALTH, SAFETYAND WELFARE OF THE CITIZENRY. Mr. Ed Hersh, Parks and Recreation Director. Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Berger, to approve Ordinance No. 943-1 on its first and only reading. In an executive summary given by Parks & Recreation Director Ed Hersh, stated that the Texas Parks and Wildlife Department (TPW) has completed their review of the City's updated Parks Master Plan. The Parks Master Plan was recently adopted by City Council as part of the City's Comprehensive plan. The TPW has made comments that need to be included in the plan in order to have their approval and meet eligibility requirements of TPW grants. The areas identified by the TPW include the addition of demographics, objectives of each goal, greater details of the planning process and adoption by Council of the final plan. Staff recommends that Council approve the amendment to Ordinance No. 943, Parks Master Plan portion of the Comprehensive Plan. Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 961 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF DECORATIVE WALK BRIDGES INTO THE CITY'S RIGHT-OF-WAY AND/OR WATER/SEWER EASEMENT, IN THE CITY OF PEARLAND, BRAZORIA, FORT BEND, AND HARRIS COUNTIES, TEXAS. Mr. Gene Tumlinson, Director of Community Development and Services. Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 961 on its first reading. In an executive summary given by Director of Community Development and Services, Gene Tumlinson, he stated this is a request for consideration to build walkway -bridges over ditches in Pine Hollow Estates Subdivision. With blanket approval, he and City Engineer, John Hargrove can review each to be sure they meet the required specifications. He also stated the owner will be required to sign a waiver on each one. Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger. Page 22 of 38 - 3/27/2000 Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - EXCUSE COUNCILMEMBER LARRY WILKINS ABSENCE FROM THE MARCH 13, 2000, REGULAR COUNCIL MEETING. City Council. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Berger, to excuse the absence of Councilmember Larry Wilkins from the Regular Council Meeting held on March 13, 2000. Voting "Aye" Councilmembers Beckman, Tetens, Berger, and Seeger. Voting "Abstain" Councilmembers Wilkins. Voting "No" None. Motion Passed 4 to 0, with 1 abstention. FIRST READING OF ORDINANCE NO. 509-435 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING THE SOUTH 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 ACCORDING TO THE MAP OF RECORD IN VOLUME 2, PAGE 23, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 847) (1027 CULLEN BOULEVARD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF M.R. ALFORD, 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 ano Services. Councilmember Tetens made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 509-435 (Application No. 847) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 847. Page 23 of 38 - 3/27/2000 In an executive summary given by Director of Community Development & Services Gene Tumlinson, he stated that Zone Change Application No. 847 is a request to change the zoning classification from Suburban Development District (SD) to Light Industrial District (M-1). Staff recommends consideration of request. Mayor Pro -Tem Berger stated that this is another request on of Light Industrial being requested on Cullen Blvd. which is a major corridor into the City of Pearland from Houston. Mayor Pro -Tem Berger further stated that he will not support industrial on Cullen Blvd., except for the businesses that are already there and grandfathered. Councilmember Seeger stated in the Comprehensive Plan this area is listed as General Business that little quadrant of the intersection where this property is located. Director of Community Development & Services Gene Tumlinson, stated this has been to Council numerous times, it was tabled at one time. It went back to the owners with recommendation maybe to go to a Commercial with a Specific Use or something of a lesser zone. At the owners request they are still requesting it be zoned Light Industrial District (M-1). Councilmember Tetens stated that he agrees with Mayor Pro -Tem Berger that Cullen is a major entrance into the City, and it is going to be General Business. He further stated that there should not be Industrial use at the entrance to the City. That would not be very good planning. Voting "Aye" None. Voting "No" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman. Motion Failed 5 to 0. FIRST READING OF ORDINANCE NO. 509-436 - 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 8.842 ACRES IN THE H.T. & B.R.R. CO. SURVEY, A-243, SECTION 19, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, VOLUME 2, PAGE 23, BRAZORIA COUNTY MAP RECORDS (APPLICATION NO. 852) (1115 CULLEN BOULEVARD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF PAUL BRENT DURRETT, OWNER, PROVIDING FOR AN Page 24 of 38 - 3/27/2000 AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TOTHE SUBJECT. Mr. Gene Tumlinson, Directorof Community Development and Services. Mayor Pro -Tem Berger made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 509-436 (Application No. 852) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 852. In an executive summary given by Director of Community Development & Services Gene Tumlinson, stated that Zone Change Application No. 852 is a request to change the zoning classification from Suburban Development District (SD) to Light Industrial District (M-1). Staff recommends consideration of request. Councilmember Tetens stated that this again is on Cullen Blvd., and another request for Light Industrial District (M-1). Councilmember Wilkins asked Mr. Tumlinson if this had been before Council on a previous agenda? Director of Community Development & Services, Gene Tumlinson, stated that this one had also been tabled, and the City tried to negotiate, maybe a Commercial with a Specific Use, however, the owner still wanted it to be considered as an M-1. Voting "Aye" None. Voting "No" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger. Motion Failed 5 to 0. FIRST READING OF ORDINANCE NO. 509-437 - 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 10.0597 ACRE TRACT BEING LOT 3, OF THE ALLISON-RICHEY GULF COAST HOME CO. SUBDIVISION OF SECTION 10, H.T. & B.R.R. CO. SURVEY, A-505, BRAZORIA COUNTY, TEXAS, THE PLAT OF SAID SUBDIVISION BEING RECORDED IN VOLUME 2, PAGE 23 OF PLAT RECORDS Page 25 of 38 - 3/27/2000 OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 881) (13025 STONE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF MARIE THOMPSON, 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 Wilkins made the motion, seconded by Mayor Pro -Tem Berger, to approve Ordinance No. 509-437 (Application No. 881) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 881. In an executive summary given by Director of Community Development & Services, Gene Tumlinson, stated that Zone Change Application No. 881 is a request to change the zoning classification from Suburban Development District (SD) to Commercial District (C). Staff recommends consideration of request. Mayor Pro -Tem Berger stated that this is an application for the construction of a microwave tower. Director of Community Development & Services, Gene Tumlinson, stated that Nextel has a permit that has been issued to them while they were still in the County, before being annexed into the City. It is a business park, there are three warehouses, and a mobile home that serves as security quarters, and are all occupied at this time. Councilmember Seeger commented that in the Comprehensive Plan this area is designated as low density residential. He further state that the roads are small and narrow that aren't directly accessing anything else. Therefore, this is not a good area to be developed, because of the lack of a direct access. Voting "Aye" None. Voting "No" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman. Motion Failed 5 to 0. FIRST READING OF ORDINANCE NO. 509-438 - 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 26 of 38 - 3/27/2000 PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 16.7 ACRES OUT OF LOT 30, A-304, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 889) (BROADWAY STREET Q WOOTEN ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF F.A.S.H. FAMILY PARTNERSHIP 1992, 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 Seeger made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 509-438 (Application No. 889) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 889. In an executive summary given by Director of Community Development & Services, Gene Tumlinson, he states that Zone Change Application No. 889 is a request to change the zoning classification from Suburban Development District (SD) to Commercial District (C). Staff recommends consideration of request. Voting "Aye" Councilmembers Beckman, Berger, and Seeger. Voting "No" Councilmembers Tetens and Wilkins. Motion Passed 3 to 2. FIRST READING OF ORDINANCE NO. 509-439 - 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 2.4277 ACRES OF LAND, MORE OR LESS, OUT OF TRACT 39 OUT OF THE ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 85, H.T. & B.R.R. CO. SURVEY, A-304, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 890) (MILLER RANCH ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF KIMBERLY DURRETT, 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 Page 27 of 38 -3/27/2000 TO THE SUBJECT. Mr. Gene Tumlinson, Director of Community Development and Services. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Berger, to approve Ordinance No. 509-439 (Application No. 890) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 890. In an executive summary given by Director of Community Development & Services, Gene Tumlinson, stated that Zone Change Application No. 890 is a request to change the zoning classification from Suburban Development District (SD) to Commercial District (C), Staff recommends consideration of request. Mayor Pro -Tem Berger stated that Council is familiar with this request, and all of the problems they have had over the period of time, with the trucks and so on. He further stated that he will not be supporting it. Councilmember Beckman stated that a residential area is coming up around it, and she does not think that is good. Councilmember Seeger stated that Astro Cement is at the corner, and some residential developing further up. He said he could see a small buffer, but this goes fairly deep. Councilmember Seeger also commented that the Comprehensive Plan shows this area as residential. Director of Community Development & Services, Gene Tumlinson, stated this is an expansion of a piece of property that she currently owns that is zoned Commercial. There is still a L -shape piece of property that she wishes to leave zoned Suburban Development (SD) as a buffer between her and a lady that voiced her opnion at the public hearing. City Attorney, Darrin Coker, stated that this property is currently being used in a Commercial sense. Heavy gravel has been brought in to build up the parking lot, storage of concrete trucks is occurring there as well as storage of abandoned concrete trucks. If in fact this voted down, in essence the City would have a person violating the current zoning ordinance. If this is turned down the Legal Department would then provide notice to the individual under Section 54.012 of the Local Government Code. They are violating the ordinance and the City is entitled to Civil injunctive relief as well as $1,000 per day Page 28 of 38 - 3/27/2000 penalty for each day the violation occurs. The City would be required to provide that notice, and the City will being doing so if this is voted down. Councilmember Beckman stated that the way she sees it, is just because Commercial joins this property does not mean needs to be extended to the property being considered. Voting "Aye" None. Voting "No" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman. Motion Failed 5 to 0. FIRST READING OF ORDINANCE NO. 509-440 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING A 5.00 ACRE TRACT OF LAND OUT OF SECTION 17, H.T. & B.R.R. CO. SURVEY, A-242, BRAZORIA COUNTY, TEXAS AS DESCRIBED IN DEED RECORDS IN VOLUME 1318, PAGE 843, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 891) (MANVEL ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF E. MAURIS HARDCASTLE, AGENT FOR HARDCASTLE FAMILY LIMITED PARTNERSHIP, 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 Tetens made the motion, seconded by Mayor Pro -Tem Berger, to approve Ordinance No. 509-440 (Application No. 891) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 891. In an executive summary given by Director of Community Development & Services, Gene Tumlinson, stated that Zone Change Application No. 891 is a request to change the zoning classification from Suburban Development District (SD) to Commercial District (C). Staff recommends consideration of request. Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger. Page 29 of 38 - 3/27/2000 Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-441 - 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 2 ACRE TRACT OUT OF A 5 ACRE TRACT OUT OF LOT 1, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION OF SECTION 19, H.T. & B.R.R. CO. SURVEY, A-543, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 2, PAGES 23-24 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 892) (4322 W. STONE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF JUSTIN BRANTLEY, 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. 509-441 (Application No. 892) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 892. In an executive summary given by Director of Community Development & Services, Gene Tumlinson, stated that Zone Change Application No. 892 is a request to change the zoning classification from Suburban Development District (SD) to Commercial District (C). Staff recommends consideration of request. He also stated that this property is leased out and being operated as a large crane, manufacturing and repair business. Council and Staff reviewed and discussed the Comprehensive Plan regarding this request. Voting "Aye" None. Voting "No" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman. Motion Failed 5 to 0. Page 30 of 38 - 3/27/2000 FIRST READING OF ORDINANCE NO. 509-442 - 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 4.6945 ACRES OF LAND SITUATED IN THE NORTHEAST 1/4 OF SECTION 17, H.T. & B.R.R. CO. SURVEY, A-242, BRAZORIA COUNTY, TEXAS, BEING A PART OF LAND DESCRIBED IN VOLUME 103, PAGE 156 AND VOLUME 233, PAGE 452, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 893) (2932 MANVEL ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF ARNE W. PEPIN, 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 Beckman, to approve Ordinance No. 509-442 (Application No. 893) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 893. In an executive summary given by Director of Community Development & Services, Gene Tumlinson, stated that Zone Change Application No. 893 is a request to change the zoning classification from Suburban Development District (SD) to Commercial District (C). Staff recommends consideration of request. Councilmember Beckman stated at the hearing there was not any opposition to this land use change. Councilmember Tetens stated that he has problems with everyone wanting to change everything to Commercial, and does not have a proposed use for it. If it is in an area that going to be Commercial that is fine. He further stated if it is vacant land sitting out by itself he does have a problem with that. Councilmember Beckman asked if anything is on this property now? Director of Community Development & Services, Gene Tumlinson, stated it has been developed into a BMX Motor Cross, bicycle race track. Page 31 of 38 - 3/27/2000 Voting "Aye" Councilmembers Beckman, Berger, and Seeger. Voting "No" Councilmember Tetens and Wilkins. Motion Passed 3 to 2. FIRST READING OF ORDINANCE NO. 509-443 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 ACRE OUT OF A 2.25 ACRE TRACT OUT OF THE H.T. & B.R.R. CO. SURVEY, SECTION 20, A-506, OUT OF LOT 49, ALLISON RICHEY GULF COAST HOME SUBDIVISION, AS RECORDED IN VOLUME 1213, PAGE 323, DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 903) (4208 HAWK ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF T.P. THREE ENTERPRISES, 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, Director of Community Development and Services. Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 509-443 (Application No. 903) on its first reading. .Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 903. In an executive summary given by Director of Community Development & Services Gene Tumlinson, stated that Zone Change Application No. 903 is a request to change the zoning classification from Suburban Development District (SD) to Commercial District (C). Staff recommends consideration of request. Council and Staff discussed the possibility of this property being zoned General Business (GB) instead of Commercial District (C) because the nature of the business being import and export. Voting "Aye" None. Voting "No" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger. Page 32 of 38 - 3/27/2000 Motion Failed 5 to 0. FIRST READING OF ORDINANCE NO. 509-444 - 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 PART OF LOT J IN W ESTGATE PARK SUBDIVISION, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 886) (2555 WESTGATE) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF JOHNSTON BUILDERS AND ASSOCIATES, AGENT FOR EDWIN ANDERSON, 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 Beckman made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-444 (Application No. 886) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 886. In an executive summary given by Director of Community Development & Services Gene Tumlinson, he stated that Zone Change Application No. 886 is a request to change the zoning classification from Suburban Development District (SD) to General Business District (GB). Staff recommends consideration of request. Voting "Aye" Councilmembers Seeger, Berger, Tetens, and Beckman. Voting "No" Councilmember Wilkins. Motion Passed 4 to 1. FIRST READING OF ORDINANCE NO. 509-445 - 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 2.00 ACRES OF LAND OUT OF LOT 22, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 20, H.T. & B.R.R. CO. SURVEY, A-506, BRAZORIA COUNTY, TEXAS ACCORDING TO A MAP Page 33 of 38 - 3/27/2000 OR PLAT RECORDED IN VOLUME 2, PAGE 23, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 792) (1107 LINDA LANE) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF BRENT A. BROWN, 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 Tumtinson, Director of Community Development and Services. FIRST READING OF ORDINANCE NO. 509-446 - 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 .4537 ACRES OUT OF THE SOUTH '/2 OF LOT 25 OF ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 7, A-219, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 884) (O'DAY ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF GEORGE V. & VIVIAN R. JOHNSON, 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 Tumtinson, Director of Community Development and Services. FIRST READING OF ORDINANCE NO. 509-447 - AN ORDINANCE OF THE CITY — COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING A 5.9136 ACRE TRACT OF LAND OUT OF A CALLED 9.29 ACRE TRACT OUT OF THE SOUTH Y2 OF LOT 30, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 21, H.T. & B.R.R. CO. SURVEY, A-309, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 888) (FITE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF FREEMAN T. II & OLLIE WYCHE, 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 Tumtinson, Director of Community Development and Services. FIRST READING OF ORDINANCE NO. 509-448 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, Page 34 of 38 - 3/27/2000 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 3.00 ACRES OF LAND, MORE OF LESS, BEING A PART OF LOTS 58 & 59, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 895) (14202 GARDENS ROAD (HAWK MEADOWS ROAD)) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF JOE D. & CAROL McWHORTER, 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. 509-449 - 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 2.75 ACRES, MORE OR LESS, OUT OF THE H.T. & B.R.R. CO. SURVEY, SECTION 20, A-506, OUT OF LOT 49A, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 905) (4230 HAWK ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF T.P. THREE ENTERPRISES, 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 TOTHE SUBJECT. Mr. Gene Tumlinson, Directorof Community Development and Services. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Berger, to approve Ordinance Nos. 509-445, 509-446,509-447, 509-448,509-449 (Application Nos. 792,884,888,895,905) on their first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application Nos. 792,884,888,895,905. In an executive summary given by Director of Community Development & Services Gene Tumlinson, he states that Zone Change Application Nos. 792,884,888,895,905 are requesting to change their zoning classification from Suburban Development District (SD) to Single Family Dwelling District (R-1). Staff recommends consideration of the requests. Page 35 of 38 - 3/27/2000 Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger. 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. 897) AT THE REQUEST OF PAUL & KATHERINE URBANEK, OWNERS, FOR AN AMENDMENTTO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF SAID CITY FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) ON THE FOLLOWING DESCRIBED PROPERTY BEING TRACT I: BEING 4.52 ACRES OF LAND, MORE OR LESS; AND TRACT Il: BEING 15.23 ACRES OF LAND, MORE OR LESS, BOTH TRACTS BEING OUT OF THE W.T. DOBSON SURVEY, A-187, BRAZORIA COUNTY, TEXAS (12932 STONE ROAD). Mr. Gene Tumlinson, Director of Community Development and Services. 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. 897. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to deny (Application 897). In an executive summary given by Director of Community Development & Services, Gene Tumlinson, stated that Zone Change Application No. 897 is a request to change the zoning classification from Suburban Development District (SD) to Light Industrial District (M -i). Staff recommends consideration of request. Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger. 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. 904 AND SPECIFIC USE NO. 79) AT THE REQUEST OF TIMOTHY S. POUNDS, OWNER, FORAN AMENDMENTTO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF SAID CITY FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) Page 36 of 38 - 3/27/2000 TO COMMERCIAL DISTRICT - SPECIFIC USE (C -S) TO ALLOW A FORKLIFT REPAIR ON THE FOLLOWING DESCRIBED PROPERTY BEING 5 ACRES, MORE OR LESS, OUT OF THE NORTH 1/2 OF THE ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 19, A-243, AS RECORDED IN VOLUME 2, PAGE 24, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (1010 LEE ROAD). Mr. Gene Tumlinson, Director of Community Development and Services. This item was passed with no Council action taken. Mayor Tom Reid read the following withdrawal request from Mr. Tim Pounds; To Members of the Pearland City Council, My name is Timothy Pounds and I applied for zoning of commercial with a specific use on my property. The application number 904 and specific use no. 79 request the change from suburban development to commercial. I respectfully request my application be withdrawn from any consideration. I have decided at this point in time to remain classified as suburban development with my business of forklift and heavy equipment repair continuing as it has in previous years and being "grand -fathered" before Pearland City annexation. I thank you for your time and consideration. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:50 p.m. to discuss the following:. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE SECTION 551.074 - PERSONNEL - ANNUAL EVALUATION OF THE CITY ATTORNEY. City Council NEW BUSINESS (CONTINUED): Council returned from Executive Session at 10:35 p.m. COUNCIL ACTION - REGARDING THE ANNUAL EVALUATION OF THE CITY ATTORNEY. City Council. No Council Action Taken. ADJOURNMENT Page 37 of 38 - 3/27/2000 Meeting was adjourned at 10:36 p.m. ADJOURNMENT Minutes approved as submitted and/or corrected this the 10th day of Apri 1 2000. Tom Reid Mayor ATTEST: Page 38 of 38 - 3/27/2000