2000-05-22 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MAY 22, 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
Klaus Seeger
Councilmember
Richard Tetens
Councilmember
Larry Marcott
Deputy City Manager
Alan Mueller
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Absent: Councilmember Helen Beckman, Councilmember Larry Wilkins and City Manager
Glen Erwin.
Others in attendance: Police Chief J.C. Doyle; City Engineer John Hargrove; Director of
Community Development and Services Gene Tumlinson; Director of Finance Jim Causey;
Public Works Director Jerry Burns; Project Manager Michael Ross.
The invocation was given by Councilmember Tetens, and the Pledge of Allegiance was led
by Councilmember Marcott
CouncilmemberTetens made the motion, seconded by Mayor Pro -Tem Seeger, to approve
the minutes of the May 1, 2000, Joint Public Hearing held at 6:30 p.m.; minutes of the May
8, 2000, Joint Public Hearing held at 6:30 p.m.; minutes of the May 8, 2000, Public Hearing
held at 6:30 p.m.; minutes of the May 8, 2000, Regular Council Meeting held at 7:30 p.m.;
minutes of the May 9, 2000, Special Council Meeting held at 7:00 p.m.
Voting "Aye" Councilmembers Tetens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Beckman and Wilkins absent.
Page 1 of 25 - 5/22/2000
MAYOR'S ACTIVITY REPORT
Mayor Reid asked Executive Director of Keep Pearland Beautiful, Delores Fenwick to
address Council regarding the Landscape Grant. Mrs. Fenwick stated the Keep Pearland
Beautiful has won the Landscape Grant, giving the City $95,000 for landscaping. Mayor
Reid issued a Proclamation to Public Works Director Jerry Burns in honor of Public Works
Week. He reported that on May 9 he attended the TML Risk Pool Board Meeting in Corpus
Christi and the Special Council Meeting swearing in the new Councilmember; May 10 he
attended the Gulf Coast Public Works Association Meeting, he toured the local Recycling
Center, attended the Pearland Area Infrastructure Meeting, and the PTA Council Awards
Reception; May 11 he attended the meeting with Time -Warner Cable Company and the
Houston Olympic 2012 reception; May 12 he was the speaker for the Girl Scout
Bridging/Awards Event and presented a proclamation to Pearland Independent School
District Superintendent Jim Schleider at his retirement party; May 15 he attended the
Council Workshop; May 16 he attended the HGAC Board of Directors Monthly Meeting,
the Tri- County Chamber Luncheon, and the Public Information Forum for McHard Road;
May 17 he attended the ribbon cutting at Solvents & Chemicals, he attended the Chamber
Luncheon for top 10% graduates, and the Council Workshop with Brazoria Drainage
District #4; May 18 he attended the Pearland Census Committee Meeting, the Gulf Coast
Water Authority Board Meeting, the Walsh, Freeze and Nichols reception, and the Citizen
Police Academy graduation dinner; May 19 he attended the HGAC Transportation Policy
Council Board Meeting, the Police Department Awards dinner and the Pearland Employee
Health Fair.
COUNCIL ACTIVITY REPORTS
Councilmember Seeger reported that he attended and enjoyed the Pearland Police awards
dinner.
Councilmember Marcott reported that on May 15 he attended the Joint Workshop; May 16
he attended the Public Meeting on McHard Road; May 17 he attended the Shadow Creek
Drainage Plan Meeting; and May 18 he attended the Walsh, Freeze & Nichols Open House
and the Citizens Police Academy graduation.
Councilmember Tetens did not give a report.
CITY MANAGER'S REPORT
Deputy City Manager Alan Mueller did not give a report.
Page 2 of 25 - 5/22/2000
CITIZENS
Carol Alford, 2907 Yorkshire Court, addressed Council and stated that she and her
husband own L & B Protective Covering. She asked Council to give consideration to the
Comprehensive Plan, Commercial zoning, and consider her property as Commercial.
Judy Biggs, 1152 Robert, addressed Council and stated that she is concerned with bus
transportation and the way the school buses are driven.
Deputy City Manager, Alan Mueller, stated that the School District is a separate entity, and
her concerns would be a matter the School Board could handle.
Pat Pounds, 4230 Hawk Road, stated that she is not opposed to Commercial Business and
Residential Homes along Hawk. Road, and encourages Council to consider looking at the
master plan.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 969 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF A
SUBDIVISION GROUND SIGN INTO THE CITY'S RIGHT-OF-WAY LOCATED AT
THE INTERSECTION OF WOODCREEK DRIVE AND FM 518, IN THE CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS. Mr. Gene Tumlinson, Director of
Community Development and Services.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Seeger, to adopt
Consent Agenda Item A, on its second and final reading.
Voting "Aye" Councilmembers Marcott, Seeger, and Tetens.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Beckman and Wilkins absent.
Page 3 of 25 - 5/22/2000
MATTERS REMOVED FROM CONSENT AGENDA
As requested by Councilmember Marcott Items B and C were removed from the Consent
Agenda.
B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-451 - 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 23.26
ACRES OUT OF THE W.D.C. HALL SURVEY, A-23, HARRIS COUNTY, TEXAS,
RECORDED UNDER COUNTY CLERK'S FILE NO. T464162 OF THE OFFICIAL
PUBLIC RECORDS OF REAL PROPERTY OF HARRIS COUNTY, TEXAS
(APPLICATION NO. 911) (VILLA VERDE, SECTION ONE) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-2) AT THE REQUEST OF RENEE WEST,
AGENT FOR GREEN -HOLLOW, LTD., 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.
Mayor Pro -Tem Seeger made the motion, seconded by CouncilmemberTetens, to approve
Item B Ordinance No. 509-451, on its second and final reading.
Councilmember Marcott stated that his comments will be for Agenda Items B and C, and
he is going to vote to pass them, however, he is concerned about the ingress and egress
out of this area, and the neighborhoods that it is going to influence. He said that it appears
that this area is going to have approximately 800 homes and the traffic will impact Green
Tee, Scarsdale, and there is also a mobility problem. He also stated that he does not think
that it was considered how these residents will be mobilized without going through of the
existing neighborhoods.
Voting "Aye" Tetens, Marcott, and Seeger.
Voting "No" None.
Motion Passed 3 to 0 with Councilmembers Beckman and Seeger absent.
Page 4 of 25 - 5/22/2000
C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-452 - 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 48.7516
ACRES LOCATED IN THE W.D.C. HALL SURVEY, A-23, HARRIS COUNTY,
TEXAS AS RECORDED UNDER COUNTY CLERK'S FILE NO. T464162 OF THE
OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF HARRIS COUNTY,
TEXAS (APPLICATION NO. 910) (VILLA D'ESTE, SECTION ONE & SECTION
TWO) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF RENEE
WEST, AGENT FOR GREEN -HOLLOW, LTD., 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 Marcott made the motion, seconded by Councilmember Tetens, to
approve Item C, Ordinance No. 509-452, on its second and final reading.
Councilmember Marcott stated that his previous comments apply to this action as well.
Voting "Aye" Seeger, Marcott, and Tetens.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Beckman and Wilkins absent.
NEW BUSINESS
OTHER BUSINESS:
FIRST READING OF ORDINANCE NO. 970 - AN ORDINANCE OF THE CITY COUNCIL
OFTHE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA
COUNTY MUNICIPAL UTILITY DISTRICT NO. 18 OF 9.4747 ACRES OF LAND. Mr.
Darrin Coker, City Attorney.
Councilmember Tetens made the motion, seconded by Councilmember Marcott, to
approve Ordinance No. 970 on its first reading.
Page 5 of 25 - 5/22/2000
In an executive summary given by City Attorney, Darrin Coker, he stated that the City
consented to the creation of MUD No. 18 on November 9, 1998. The City recently received
a petition from MUD No. 18 seeking permission to include 9.4747 acres within the
boundaries of the MUD, however, Section 54.016 of the Water Code requires consent of
the City by Ordinance or Resolution to the annexation taking place. If annexed, the
property will be part of Renee West's MUD located south of Oiler Drive and East of State
Highway 35. Staff recommends consideration of the Ordinance.
Voting "Aye" Councilmembers Tetens, Seeger, and Marcott.
Voting "No" None.
Motion passed 3 to 0, with Councilmembers Beckman and Wilkins absent.
COUNCIL ACTION - RESOLUTION NO. R2000-65 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO EXECUTE A DEVELOPMENT AGREEMENT WITH BEAZER
HOMES TEXAS L.P., A TEXAS LIMITED PARTNERSHIP ("DEVELOPER"), RECITING
THE RESPONSIBILITIES OF THE CITY AND DEVELOPER ASSOCIATED WITH THE
DEVELOPMENT OF A RESIDENTIAUGENERAL BUSINESS COMMUNITY. Mr. Alan
Mueller, Deputy City Manager.
Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2000-65.
In an executive summary given by Deputy
Beazer Homes has proposed a 527 acre c
Smith site between Old Alvin Road and C'.
Parkway passes through the development.
new in -City MUD. This development ag
developer and City as they relate to the de
City Manager, Alan Mueller, he stated that
olf course community south of the David L.
ear Creek. The proposed route of Pearland
The development is proposed to be within a
eement details the responsibilities of the
velopment and to the extension of Pearland
Parkway. Under the terms of the agreement, two lanes of Pearland Parkway will be
completed to the Beltway by a combination of City and developer financing. The main
points of the agreement summarized are due to the fact that the City cannot contract for
an obligation but defines the City's intent to take action on the following items. The
developer will petition for annexation into the City of the Harris County portion of the
project; the City will use its best efforts to annex the property. The developer will petition
for creation of an in -city MUD and the City will use its best efforts to consent to the MUD
on the same terms and conditions as the exiting in -city MUDs. The developer will prepare
a Planned Unit Development zoning application, including a golf course, residential, and
Page 6 of 25 - 5/22/2000
business uses; the City will use its best efforts to approve the PUD. The developer will
petition for the creation of a master maintenance association for landscaping and lighting
maintenance along the Parkway from BW 8 to FM 518; the City will use its best efforts
to adopt the MMA. The City will provide water and sewer capacity commitment for
approximately 1,000 equivalent single-family connections via approval of a preliminary
plat for the project. The City will waive the requirements of the Park Dedication Ordinance
in recognition of the substantial open space in the development due to the golf course
and other open spaces reserves. More detail will be presented in the Workshop. The City
will agree to prohibit certain "objectionable" uses on the DLS property. The City will build
two lanes of Pearland Parkway form the north line of the Beazer project to the Beltway.
This project has previously been budgeted by the City. The City will build two lanes of
Pearland Parkway from the south line of the Beazer project to the existing termination of
Pearland Parkway. Beazer would normally be required to build four lanes within the
development, but the agreement calls for Beazer to build only two lanes, but to contribute
an equal amount to the City to offset the cost of the segment described in #9 above.
Beazer will contribute an additional $125,000 toward the construction of Pearland
Parkway that will be reimbursed through property assessments. The estimated total cost
of the City obligations for construction of Pearland Parkway is $4,811,659. Staff
recommends adopting the agreement.
Voting "Aye" Councilmembers Marcott, Seeger, and Tetens.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Beckman and Wilkins absent.
COUNCIL ACTION - RESOLUTION NO. R2000-67 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO ENTER INTO AN ADDENDUM TO THE COMMERCIAL AND
RESIDENTIAL SOLID WASTE AND RECYCLING CONTRACT WITH WASTE
MANAGEMENT, INC. FOR THE ADDITION OF A GREEN WASTE RECYCLING
PROGRAM AND THE EXTENSION OF THE CONTRACT FOR AN ADDITIONAL FIVE (5)
YEARS COMMENCING ON OCTOBER 1, 2001. Mr. Darrin Coker, CifyAtforney.
Councilmember Marcott made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2000-67.
In an executive summary given by City Attorney, Darrin Coker, he stated that the existing
contract with Waste Management expires on September 30, 2001, however, the contract
provided for the extension of said agreement for an additional five year term upon
Page 7 of 25 - 5/22/2000
agreement of both parties. The addendum to the contract exercises the five-year
extension option, establishes a green waste recycling program, and establishes the rates
for service. Waste Management agrees to implement a green waste recycling program
once per week for all residential solid waste customers, and agrees to work with Keep
Pearland Beautiful to develop an education/promotion program. In addition, Waste
Management agrees to forego its 1999/2000 CPI increases (not to exceed 4%) as
allowed under the contract. Instead, Waste Management will submit its CPI increases for
2000/2001, and further agrees to lower residential rates twenty cents ($.20) beginning
October 2001 and hold said rates until October 2004, when Waste Management will be
entitled to its CPI increases for the remainder of the agreement. Staff recommends
consideration of the Resolution.
Voting "Aye" Councilmembers Tetens, Seeger, and Marcott.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Beckman and Wilkins absent.
COUNCIL ACTION - RESOLUTION NO. R2000-68 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO ENTER INTO CONTRACT WITH LENTZ ENGINEERING, L.C.,
FOR ENGINEERING SERVICES ASSOCIATED WITH THE REHABILITATION OF
NOTTINGHAM STREET. Mr. Alan Mueller, Deputy City Manager.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Berger, to
approve Resolution No. R2000-68.
In an executive summary given by Deputy City Manager, Alan Mueller, he stated that
Nottingham Street from Kent Street to the Dead End is in need of rehabilitation. Over
time, the curbs have become displaced and the paving is deteriorating badly. The asphalt
and base do not meet current standards and garbage trucks have caused severe rutting.
The problem is exacerbated due to the lack of an appropriate drainage outfall. Staff
requested and received a proposal from Lentz Engineering to prepare plans and
specifications for the rehabilitation of Nottingham Street from Kent Street to the end,
including a new Cul-de-sac, in an amount not the exceed $26,500. The proposal included
all topographic surveying, preparing specifications and bidding documents, assisting in
advertising, receipt of estimated construction cost is $150,000, which Staff proposes to
budget from available funds in the Capital Projects Fund. In conjunction with the Brazoria
Drainage District No. 4, the proposal also includes analysis of the existing drainage
system as well as preliminary investigation of the outfall channel on adjacent properties.
Page 8 of 25 - 5/22/2000
Staff recommends that Council approve the attached proposal and contract with Lentz
Engineering and subsequent expenditure of $26,500 for engineering services associated
with the project.
Mayor Pro -Tem Seeger stated that if the $26,500 is for the study. How much can be
anticipated for the other?
Deputy City Manager, Alan Mueller, stated $26,500 is for the engineering study and
preparation of plans and specifications. For the road he expects it to be approximately
$150,000 and estimated the drainage pipe materials to be approximately $30,000, He
further stated depending on the study, the drainage on Nottingham may be less or may
be more, it really depends on what kind of solution can be found.
Mayor Pro -Tem Seeger asked if this will resolve the litigation issue?
Deputy City Manager, Alan Mueller, stated that by doing the basic plan that is on the
books right now, it would not address the litigation issue. By having them study the
apartment property, Burgess property, YMCA, as well as the Nottingham he thinks that
there could be a solution that will handle all of those situations and may provide an
opportunity for all parties to agree and hopefully settle their lawsuit.
Voting "Aye" Councilmembers Marcott, Seeger, and Tetens.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Beckman and Wilkins absent.
COUNCIL ACTION - RESOLUTION NO. R2000-66 - A RESOLUTION OF THE CITY
COUNCILOFTHE CITY OF PEARLAND, TEXAS, WAIVING THE RIGHTTO APPLY FOR
THE JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT FUNDS FOR THE
CURRENT YEAR, REQUESTING THAT BRAZORIA COUNTY RECEIVE THE WAIVED
FUNDS, AND AUTHORIZING THE CHIEF OF POLICE OR HIS DESIGNEE TO
PARTICIPATE IN THE JUVENILE CRIME ENFORCEMENT COALITION CREATED BY
BRAZORIA COUNTY. Mr. J.C. Doyle, Chief of Police.
Mayor Pro -Tem Seeger made the motion, seconded by Councilmernber Tetens, to
approve Resolution No. R2000-66.
In an executive summary given by Chief of Police, J.C. Doyle, he stated that the Texas
Governor's Office, Criminal Justice Division (CJD) has determined that the City of
Page 9 of 25 - 5/22/2000
Pearland is eligible for $6,471 in Juvenile Accountability Incentive Block Grant (JAIBG)
funding for the purpose of reducing juvenile crime. This amount would not enable the City
of Pearland to establish or operate any substantial juvenile crime measures within the
guidelines of the program. However, Brazoria County operates an existing juvenile crime
program that utilizes JAIBG funds. Staff recommends that because of the small amount
of funding, and because Brazoria County currently operates with JAIBG funds, to waive
the funds to Brazoria County.
Voting "Aye" Councilmembers Tetens, Seeger, and Marcott.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Beckman and Wilkins absent.
COUNCIL ACTION - RESOLUTION NO. R2000-69 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO ENTER INTO A TAX ABATEMENT AGREEMENT WITH
CHEMCENTRAL CORPORATION ("CHEMCENTRAL") FOR PURPOSES OF ABATING
THE INCREASED VALUE OF THE PROPERTY OWNED BY CHEMCENTRAL AND
LOCATED AT THE NORTHEAST CORNER OF MYKAWA ROAD AT McHARD ROAD
WITHIN THE CITY LIMITS OF PEARLAND AT A RATE OF FIFTY PERCENT (50%) FOR
A PERIOD OF SEVEN (7) YEARS BEGINNING JANUARY 1, 2001, AND ENDING
DECEMBER 31, 2007; FINDING AND DETERMINING THAT TERMS OF SAID
AGREEMENTAND PROPERTY SUBJECT TO THE AGREEMENT MEETTHE REQUIRE-
MENTS OF CHAPTER 312 OF THE TAX CODE, V.A.T.S. AS AMENDED, ORDINANCE
NO. 966, WHICH ESTABLISHED REINVESTMENT ZONE #9, AND THE GUIDELINES
AND CRITERIA FOR GOVERNING REINVESTMENT ZONES AND TAX ABATEMENT
AGREEMENTS SET FORTH IN RESOLUTION NO. R98-59. Mr. Darrin Coker, City
Attorney.
Councilmember Marcott made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2000-69.
In an executive summary given by City Attorney, Darrin Coker, he stated that
ChemCentral will be building a 120,000 square foot chemical distribution plant at the
corner of Mykawa Road and the McHard Road overpass on 20 acres of land that they
have purchased. They plan to construct $10 million in building cost, $5 million in fixed
equipment and will have $4.5 million in personal property and inventory; totaling $19.5
million in total taxable property. The plant will be a blending plant and distribution center
for the company. It will have a rail spur going into the site. The large taxable base of the
Page 10 of 25 - 5/22/2000
plant will quickly pay for the PEDC incentive and for the tax abatement. The PEDC board
of directors and Staff recommends that the City Council pass a tax abatement for
ChemCentral of 50% for seven years.
Mayor Pro -Tem Seeger commented that ChemCentral is a chemical blending company
and they appear to be very clean and well operated, however, in talking to members of
the Fire Department they do not have enough information of what is at this location. He
requested that the City get some kind of assurance that ChemCentral will provide the
Fire Department with the information they need regarding the materials on this property,
and what is coming and going. In closing he said that is his only concern.
Mayor Reid stated that the Fire Marshal and Emergency Management Group will visit with
this and all new businesses coming into town.
Mayor Pro -Tem Seeger stated that he would like some feed back regarding these types
of businesses and their compliance with TNRCC regulations.
Councilmember Marcott asked if the rail spur going to the site will cross Mykawa?
Deputy City Manager, Alan Mueller, stated that the spur will not cross Mykawa. It's a
triangular piece of property with McHard on the south, the railroad on the east and
Mykawa on the west.
Voting "Aye" Councilmembers Marcott, Seeger, and Tetens.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Beckman and Wilkins.
COUNCIL ACTION - RESOLUTION NO. R2000-70 A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO ENTER INTO A TAX ABATEMENT AGREEMENT WITH
ROLLAC SHUTTER OF TEXAS, INC. ("ROLLAC") FOR PURPOSES OF ABATING THE
INCREASED VALUE OF THE PROPERTY OWNED BY ROLLAC AND LOCATED AT THE
NORTHWEST CORNER OF ORANGE STREETATWOODY STREET WITHIN THE CITY
LIMITS OF PEARLAND AT A RATE OF ONE HUNDRED PERCENT (100%) FOR A
PERIOD OF ONE (1) YEAR BEGINNING JANUARY 1, 2001, AND ENDING
DECEMBER 31, 2001, AND AT A RATE OF SEVENTY PERCENT (70%) ANNUALLY
FOR A PERIOD OF ONE (1) YEAR BEGINNING JANUARY 1, 2002, AND ENDING
DECEMBER 31, 2002, AND AT A RATE OF FIFTY PERCENT (50%) ANNUALLY FORA
Page 11 of 25 - 5/22/2000
PERIOD OF FIVE (5) YEARS BEGINNING JANUARY 1, 2003, AND ENDING DECEMBER
31, 2007; FINDING AND DETERMINING THAT TERMS OF SAID AGREEMENT AND
PROPERTY SUBJECT TO THE AGREEMENT MEET THE REQUIREMENTS OF
CHAPTER 312 OF THE TAX CODE, V.A.T.S. AS AMENDED, ORDINANCE NO. 967,
WHICH ESTABLISHED REINVESTMENT ZONE #10, AND THE GUIDELINES AND
CRITERIA FOR GOVERNING REINVESTMENT ZONES AND TAX ABATEMENT
AGREEMENTS SET FORTH IN RESOLUTION NO. R9$-59. Mr. Darrin Coker, City
Attorney.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Seeger, to
approve Resolution No. R2000-70.
In an executive summary given by City Attorney, Darrin Coker, he stated that Rollac is
currently in business close to Pearland, on Blackhawk Rd. They need to greatly expand
their operation. They have purchased 30 acres of land in Pearland at the corner of
Orange and Woody Road. They plan to build a 105,700 square foot office, showroom,
and manufacturing facility. They company manufactures and distributes aluminum and
vinyl shutters. The building will cost $2.853 million and will have $750,000 of new
equipment, $1.1 million of existing personal property and inventory, and $250,000 of new
inventory for a total taxable base of $5 million. They currently have 40 new employees
and will be adding 20 new jobs. The PEDC Board of Directors and Staff recommend that
the City Council pass a tax abatement for Rollac Shutter of Texas, Inc. of 100% for year
1, 70% for year 2, and 50% for years 3,4,5,6, and 7.
Councilmember Marcott asked about the road extension he said he believes there is one.
He also stated that east of this property is a residence driveway and he asked if it is going
to be to the west of that.
Deputy City Manager, Alan Mueller, stated on the Thoroughfare Plan it shows the
extension of Woody going north from Orange Street. He told them before the plans are
approved they.will need to do some legal research and see exactly where the right of way
lines are, where the property lines are, both north and south. Generally speaking he said
he thinks it is just west of that driveway, but before the plans are approved he has asked
the engineer to produce some drawing of how things will fit. Mr. Mueller said he has not
had any interaction with the property owner.
Voting "Aye" Councilmembers Tetens, Seeger, and Marcott.
Voting "No" None.
Page 12 of 25 - 5/22/2000
Motion Passed 3 to 0, with Councilmembers Beckman and Wilkins absent.
COUNCIL ACTION - RESOLUTION NO. R2000-71 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO ENTER INTO A TAX ABATEMENT AGREEMENT WITH F. W.
GARTNER PROTECTIVE COATINGS COMPANY ("GARTNER") FOR PURPOSES OF
ABATING THE INCREASED VALUE OF THE PROPERTY OWNED BY GARTNER AND
LOCATED AT 14435 MAX ROAD WITHIN THE CITY LIMITS OF PEARLAND ATA RATE
OF FIFTY PERCENT (50%) FOR A PERIOD OF SEVEN (7) YEARS BEGINNING
JANUARY 1, 2001, AND ENDING DECEMBER 31,2007; FINDING AND DETERMINING
THAT TERMS OF SAID AGREEMENT AND PROPERTY SUBJECT TO THE
AGREEMENT MEET THE REQUIREMENTS OF CHAPTER 312 OF THE TAX CODE,
V.A.T.S. AS AMENDED, ORDINANCE NO. 968, WHICH ESTABLISHED
REINVESTMENT ZONE #11, AND THE GUIDELINES AND CRITERIA FOR GOVERNING
REINVESTMENT ZONES AND TAX ABATEMENT AGREEMENTS SET FORTH IN
RESOLUTION NO. R98-59. Mr. Darrin Coker, City Attorney.
Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2000-71.
In an executive summary given by City Attorney, Darrin Coker, he stated that F.W.
r-- Gartner Company is currently in business in Houston. They need to greatly expand their
operation. They have purchased land at 14435 Max Road. The plan to build 3 buildings
totaling 13,200 square feet. The company is a protective coating operation. They will be
doing business on the site and off-site at customers' places of business. Their total
investment in building, inventory, and personal property will total $750,000. They will start
employment at 15 jobs and expand to 18. The PEDC Board of Directors and Staff
recommend that the City Council pass a tax abatement for F.W. Gartner Company of
50% for seven years.
Councilmember Marcott asked if the $435,000 worth of ineligible taxable property to be
included in the project that is on the application for tax abatement is going to be taxed at
the full rate?
Deputy City Manager, Alan Mueller, stated that the $435,000 is things that can be
removed from the site, therefore, they are not eligible for the tax abatement, and the only
thing subject to the tax abatement is $325,000 in value.
Mayor Reid stated that these are standard wordings and standard categories on the
application.
Page 13 of 25 - 5/22/2000
Voting "Aye" Councilmembers Marcott, Seeger, and Tetens.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Beckman and Wilkins absent.
FIRST AND ONLY READING OF ORDINANCE NO. 963-1 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO.
963, TO ESTABLISH STOP SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF
PEARLAND UPON KAREN WAY IN A WESTERLY DIRECTION AT ITS INTERSECTION
WITH O'DAY ROAD (SAWYER'S POND SUBDIVISION); PROVIDING A PENALTY FOR
VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A
REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION, AND
FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO
ESTABLISH STOP SIGNS AT INTERSECTIONS 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.
Councilmember Marcott made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 963-1 on its first and only reading.
In an executive summary given by City Attorney, Darrin 'Coker, he stated that the
proposed stop sign location is based upon a recommendation by the City's Engineering '
Department. Furthermore, such recommendation has been reviewed by the Pearland
Police Department. Staff recommends consideration of the Ordinance.
Voting "Aye" Councilmembers Tetens, Seeger, and Marcott.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Beckman and Wilkins absent.
COUNCIL ACTION - APPOINTMENT TO THE DEBT ADVISORY COMMITTEE. Mr. Jim
Causey, Director of Finance.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Seeger, to
appoint Mayor Pro -Tem Seeger to the debt advisory committee.
In an executive summary given by Director of Finance, Jim Causey, he stated that the
City anticipates the refunding of certain outstanding Bonds as well as the possibility to
Page 14 of 25 - 5/22/2000
other new bond issues, and therefore the need to appoint a Council's representative to
this committee. The committee will then be able to perform its duties as related to these
proposed issues. Staff recommends the appointment of a Councilmember to this
committee.
Mayor Reid stated that this is an item that was previously discussed at a workshop, and
the consultant worked with the City regarding this policy committee. Mayor Reid
recommended that Councilmember Klaus Seeger be appointed to serve as the Council
representative on the Debt Advisory Committee for the coming year.
Voting "Aye" Councilmembers Tetens, Seeger, and, Marcott.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Beckman and Wilkins absent.
COUNCIL ACTION - COUNCIL ACCEPTANCE OF WEST OAKS SECTION 4-13
SUBDIVISION. Mr. John Hargrove, City Engineer.
Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Tetens, to accept
West Oaks Section 4-B Subdivision.
In an executive summary given by City Engineer, John Hargrove, he stated that this is a
Subdivision of 9.3847 acres, 32 lots, 1 block and no reserves. Staff recommends
acceptance of Subdivision for maintenance and operation.
Voting "Aye" Councilmembers Tetens, Seeger, and Marcott.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Beckman and Wilkins absent.
COUNCIL ACTION - REGARDING AN APPLICATION FROM JENNIFER JAMISON TO
MOVE IN A PORTABLE EQUIPMENT/CHEMICAL BUILDING TO BE LOCATED AT 5306
HERON LANE. Mr. Gene Tumlinson, Director of Community Development and Services.
Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Seeger, to
approve an application from Jennifer Jamison to move in a portable equipment/chemical
building to be located at 5306 Heron Lane, and the motion was also amended to require
Page 15 of 25 - 5/22/2000
that the building be permanently affixed to a permanent slab at the location and require an
opaque fencing.
Deputy City Manager, Alan Mueller, stated that the West Lea Subdivision has a private
water supply company. The City was unsuccessful about 18 months ago in getting
approval from the TNRCC to have dual certification, or have the ability to provide water in
the subdivision. The owner of the West Lea Water Company has approval from the
TNRCC to install and a new well, storage tank, and pressure tank at second location,
which is on the south part of the subdivision. This is will provide a redundant source of
water and pressure to the subdivision and a balancing of pressures within the system. In
order to do that the owner does not need a permit from the City. The owner will need a
building permit for the building that needs to be brought in as well as the fence that needs
to be built to surround the facility. Since this property is zoned Suburban Development, Mr.
Tumlinson had to deny the permit because this use is not allowed in Suburban
Development. Mr. Mueller further explained that the permit has been denied, referred to
the Planning and Zone Commission, and they made a recommendation for approval of the
building permit, therefore, the action being requested is the consideration of issuing a
permit to complete this work and get the system in place.
Discussion between Staff and Council ensued regarding the building that is to be moved
in and the fence. After the discussion a amendment was made to the original motion to
permanently affix the building to a permanent slab at the location and require an opaque
fencing.
Voting "Aye" Councilmembers Marcott, Seeger, and Tetens.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Beckman and Wilkins absent.
FIRST READING OF ORDINANCE NO. 509-453 - 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 4.9989 ACRES OUT OF LOTS 6 & 7,
ALLISON RICHEY GULF COAST HOME CO. PART OF SUBURBAN GARDENS,
SECTION 20, H.T. & B.R.R. CO. SURVEY, A-506, BRAZORIA COUNTY, ACCORDING
TO THE MAP OR PLAT RECORDED IN VOLUME 2, PAGES 23-24 PLAT RECORDS
OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 912) (8909 HUGHES RANCH
ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
Page 16 of 25 - 5/22/2000
COMMERCIAL DISTRICT (C) AT THE REQUEST OF BOBBY OF BILLY CRAIG, AGENT
FOR CLASSIC STORAGE STATION, INC., OWNER, PROVIDING FOR AN
AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE, DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT. Mr. Gene Tumlinson, Directorof Community
Development and Services.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Seeger, to
approve Ordinance No. 509-453 (Application No. 912) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve (Application No. 912).
In an executive summary given by Director of Community Development and Services
Gene Tumlinson, he stated this is zone change Application No. 912 requesting to change
the classification from Suburban Development District (SD) to Commercial District (C).
This is an existing business that was annexed into the City, and they possibly have one
more building they can built on the 5 acres and the property will be completely built out.
Councilmember Marcott stated that this is a very nice facility, however, he is concerned
that if the property was given a commercial status and was sold, the type of business
could change to anything that is allowed in Commercial District (C). He asked if this
application could be allowed a General Business (GB) with a Specific Use Permit (SPU)?
Director of Community Development and Services, Gene Tumlinson, stated the zoning
ordinance does not allow storage facilities in a General Business District (GB), and that
he had advised the applicant to request Commercial District (C).
Council Marcott stated that he was concerned because this property is surrounded by
single family residences, and if in the future the owners change and the business
changes it may not be suitable for this location.
City Attorney, Darrin Coker, gave a brief overview of the zoning that may be allowed for
this type of application, which is General Business District (GB) with a Specific Use
Permit (SPU).
After the discussion this item was tabled, so that Mr. Tumlinson can consult with the
owners and see if a General Business District (GB) with a Specific Use Permit (SPU)
would be acceptable.
Page 17 of 25 - 5/22/2000
Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Tetens, to table
Ordinance No. 509-453 (Application No. 912) on its first reading.
Voting "Aye" Councilmembers Tetens, Seeger, and Marcott.
Voting "No" None.
Motion passed 3 to 0, with Councilmembers Beckman and Wilkins absent.
FIRST READING OF ORDINANCE NO. 509-454 - 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
PROFESSIONAL/MEDICAL OFFICE BUILDING (OUTSIDE KENNELS) ON THE
FOLLOWING PROPERTY, TO -WIT BEING 2.19 ACRES, BEING A PORTION OF
TRACTS 38-40, ALLISON RICHEY GULF COAST HOME CO.'S SUBURBAN GARDENS
SUBDIVISION, SECTION 85, H.T. & B,R.R. CO. SURVEY, A-304, BRAZORIA COUNTY,
TEXAS AS RECORDED IN VOLUME 2, PAGE 107, PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 914 & SPECIFIC USE NO. 80) (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./PEARLAND PROFESSIONAL
PLAZA, L.L.C., 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.
Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Marcott, to
approve Ordinance No. 509-454 (Application No. 914 & SPU No. 80) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve (Application No. 914 & SPU 80).
In an executive summary given by Director of Community Development and Services,
Gene Tumlinson, stated zone change Application No. 914 & SPU No. 80 is requesting
to change the classification from Suburban Development District (SD) to General
Business - Specific Use District (GB -S) for outside kennels. Staff recommends
consideration of request.
Page 18 of 25 - 5/22/2000
Voting "Aye" Councilmembers Marcott, Seeger, and Tetens.
Voting "No" None.
Motion passed 3 to 0, with Councilmembers Beckman and Wilkins absent.
FIRST READING OF ORDINANCE NO. 509-455 - 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 .460 ACRES, A.K.A. TRACT 301A,
H.T. & B.R.R. CO. SURVEY, A-309, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 906) (3054 OLD CHOCOLATE BAYOU ROAD) FROM
CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-1) 'TO GENERAL
BUSINESS DISTRICT (GB) AT THE REQUEST OF LONNIE TURNER, OWNER,
PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFF=ECTIVE DATE
AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Gene Turnlinson, Director
of Community Development and Services.
Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Seeger, to
approve Ordinance No. 509-455 (Application No. 906) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve (Application No. 906).
In an executive summary given by Director of Community Development and Services,
Gene Tumlinson, he stated zone change Application No. 906 is requesting to change the
classification from Single Family Dwelling District (R-1) to General Business District (GB).
Staff recommends consideration of request.
Councilmember Tetens stated this is right across the street from R-2. He asked if this
property has been considered zone change before?
Director of Community Development and Services, Gene Tumlinson, stated that it had
changed for an Suburban Development District (SD) to Single Family_ Dwelling District
(R-1).
Councilmember Marcott stated he is concerned about businesses that have been there
for a period of time, and now they are being locked in, either they stay with zoning or they
Page 19 of 25 - 5/22/2000
have to move on. He further stated that he understands that two of them were denied and
will be considered again. He asked if it possible to wait and look at these all at one. In
case they are a General Business District (GB) or Commercial District (C), or General
Business with a Specific Use Permits (GB -S) assigned to them?
Councilmember Tetens stated each piece of property has to be zoned on its ownership.
Deputy City Manager, Alan Mueller, gave a brief overview from the Comprehensive Plan
regarding this property and the property around it.
After a lengthy discussion between Staff and Council this item was tabled to allow Staff
to ask the owner if he consider having the business in a zone other that General Business
District (GB), possibly Office Professional (OP) or Neighborhood Services (NS).
Councilmember Tetens made the motion, seconded by Councilmember Marcott, to table
Ordinance No. 506-455 (Application No. 906) on its first reading.
Voting "Aye" Councilmembers Marcott and Tetens.
Voting "No" Councilmember Seeger.
Motion passed 2 to 1, with Councilmembers Beckman and Wilkins absent.
FIRST READING OF ORDINANCE NO. 509-456 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATION BEING TRACT I: 1.25 ACRES AND TRACT
II: 1 ACRE, BOTH OUT OF LOT 58, ALLISON RICHEY GULF COAST HOME CO.
SUBDIVISION, SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243, AS RECORDED IN
VOLUME 2, PAGE 23 & 24, BRAZORIA COUNTY PLAT RECORDS, BRAZORIA,
COUNTY, TEXAS (APPLICATION NO. 896) (14110 CR 556(HAWK MEADOWS
ROAD))FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF LAWRENCE
ALDERMAN, 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 20 of 25 - 5/22/2000
FIRST READING OF ORDINANCE NO. 509-457 - 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 ACRE TRACT BEING THE
NORTH'/2 OF LOT 45, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION,
SECTION 85, H.T. & B.R.R. CO. SURVEY, A-304, BRAZORIA COUNTY, TEXAS,
ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 2, PAGE 107,
BRAZORIA, COUNTY, TEXAS (APPLICATION NO. 915) (MILLER 13ANCH ROAD)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF STEVEN C. MUTH,
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 Turnlinson, Director
of Community Development and Services.
FIRST READING OF ORDINANCE NO. 509-458 - 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 7, BLOCK 2, WAGON WHEEL
ADDITION, A SUBDIVISION OF THE SOUTH 1155 FEET OF THE WEST 1/20F THE
SOUTH 1/20F THE NORTHWEST 1/40F SECTION 14, H.T. & B.R.R. CO. SURVEY, A-
509, BRAZORIA COUNTY, TEXAS, AS RECORDED IN VOLUME 9, PAGE 79,
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 916) (5918 LARRRYCREST DRIVE)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF JOHN McDONALD,
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 Turnlinson, Director
of Community Development and Services.
FIRST READING OF ORDINANCE NO. 509-459 - 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 THE SOUTH 1/2
OF LOT 46, ALLISON RICHEY GULF COAST HOME CO.'S SUBDIVISION, SECTION
9, H.T. & B.R.R. CO. SURVEY, A-234, BRAZORIA COUNTY, TEXAS, ACCORDING TO
Page 21 of 25 - 5/22/2000
THE PLAT THEREOF IN VOLUME 2, PAGE 23, BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 920) (1630 ROY ROAD) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT
THE REQUEST OF REX & MARY LEPPALA, 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, Directorof Community
Development and Services.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Seeger, to
approve Ordinance Nos. 509-456, 509-457, 509-458, and 509-459 on their first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve (Application Nos. 896,915, 916, and 920).
In an executive summary given by Director of Community Development and Services
Gene Tumlinson, he stated these zone change Application Nos. 896,915,916, and 920
requesting to change the classifications from Suburban Development District (SD) to
Single Family Dwelling District (R-1). Staff recommends consideration of these requests.
Voting "Aye" Councilmembers Tetens, Seeger, and Marcott.
Voting "No" None.
Motion passed 3 to 0, with Councilmembers Beckman and Wilkins absent.
COUNCIL ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING
AND ZONING COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO. 913) AT
THE REQUEST OF CHARLIE EASON OF HARDCASTLE REAL ESTATE, AGENT FOR
BASIL L. COGBILL, OWNER, FOR AN AMENDMENT TO THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF SAID CITY FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) ON THE
FOLLOWING DESCRIBED PROPERTY BEING 10.00 ACRES SITUATED IN THE
SOUTHWEST 1/4 OF THE NORTH 1/4 OF SECTION 17, H.T. & B.R.R. CO. SURVEY,
A-242, BRAZORIA COUNTY, TEXAS (CHOCOLATE BAYOU ROAD Q FITE ROAD) Mr.
Gene Tumlinson, Director of Community Development and Services.
Page 22 of 25 - 5/22/2000
Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Tetens, to accept
the recommendation of the Planning and Zoning Commission to deny Application No.
913.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to deny (Application 913).
Director of Community Development and Services, Gene Tumlinson, stated that the
comments that were made at the Planning and Zoning Commission meeting was that this
is a 10 -acre tract of land with no plans or indication of what it might be in the future. They
were concerned that zoning the property to a Commercial District (C) would be too open
and could allow almost anything to go on that property.
Mayor Reid stated that this tract of property is across from two subdivisons.
Councilmember Marcott stated that this property is across the street from the application
that was previously tabled.
City Attorney, Darrin Coker, stated if Council decided to override the recommendation of
the Planning and Zoning Commission, and pass the zoning on this application, it would
take a four votes to do so, which is not possible at this meeting with two Councilmembers
absent. If the Council wanted to agree with the recommendation of the Planning and
' Zoning Commission the Council has the votes to do that.
Councilmember Tetens stated that it would not be right to zone this property Commercial
unless there is going to (C) Commercial District in the whole area.
Mayor Pro -Tem Seeger stated he is not in favor of having all Commercial District (C) on
this road right now with the homes in the area. He further stated he would not be adverse
too possibly splitting this area into General Business District (GB) or Neighborhood
Service (NBS) on the street and the other side could be zoned appropriately for that area.
Additional discussion ensued between Council and Staff regarding this property and the
guidelines of the Comprehensive Plan. After the discussion this item was tabled to allow
Staff to ask the owner if he consider zoning the property General Business District (GB).
Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Seeger, to table
the recommendation of the Planning and Zoning Commission to deny Application No.
913.
Page 23 of 25 - 5/22/2000
Voting "Aye" Councilmembers Tetens, Seeger, and Marcott.
Voting "No" None.
Motion passed 3 to 0, with Councilmembers Beckman and Wilkins absent.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 9:29 p.m. to
discuss the following:.
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 - CONSULTING WITH CITY ATTORNEY
REGARDING PENDING LITIGATION - DISCUSSION OF
MUNICIPAL UTILITY DISTRICT NUMBER 10 LITIGATION.
2. SECTION 551.071 - CONSULTING WITH CITY ATTORNEY
REGARDING PENDING LITIGATION - DISCUSSION OF
PEARLAND PARKWAY RIGHT OF WAY CONDEMNATION
LITIGATION.
Council returned from Executive Session at 10:01 p.m.
NEW BUSINESS (CONTINUED):
COUNCIL ACTION - INSTRUCT TO THE CITY ATTORNEY REGARDING MUNICIPAL
UTILITY DISTRICT NUMBER 10 LITIGATION.
Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Seeger, to
instruct the City Attorney to proceed with the Municipal Utility District No. 10 litigation as
directed by Council.
Voting "Aye" Councilmembers Marcott and Seeger.
Voting "No" Councilmember Tetens.
Motion passed 2 to 1, with Councilmembers Beckman and Wilkins absent.
Page 24 of 25 - 5/22/2000
COUNCIL ACTION - INSTRUCT TO THE CITY ATTORNEY REGARDING PEARLAND
PARKWAY RIGHT OF WAY CONDEMNATION LITIGATION.
Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Marcott, to
instruct the City Attorney to proceed with the Pearland Parkway right of way condemnation
litigation as directed by Council
Voting "Aye" Councilmembers Tetens, Seeger, and Marcott.
Voting "No" None.
Motion passed 3 to 0, with Councilmembers Beckman and Wilkins.
ADJOURNMENT
Meeting was adjourned at 10:03 p.m.
Minutes approved as submitted and/or corrected this the 12th day of Jimo 2000.
b
om Reid
Mayor
ATTEST:
Page 25 of 25 - 5/22/2000