2000-06-12 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON JUNE 12, 2000, AT 7:30 P.M., IN THE COUNCIL
CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS„
The meeting was called to order with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
Klaus Seeger
Helen Beckman
Woody Owens
Larry Marcott
Larry Wilkins
Glen Erwin
Darrin Coker
Young Lorfing
Others in attendance: Deputy City Manager Alan Mueller; Executive Director P.E.D.C. Mike
Chance; Manager of Administrative Support Tobin Maples; Police Chief J.C. Doyle; City
Engineer John Hargrove; Director of Community Development and Services Gene
Tumlinson; Parks & Recreation Director Ed Hersh; Public Works Director Jerry Burns;
r--
Assistant City Attorney Nghiem Doan; Project Manager Michael Ross.
The invocation was given by Reverend Barnett, and the Pledge of Allegiance was led by
Councilmember Owens.
Councilmember Wilkins made the motion, seconded by Councilmember Owens, to
approve the minutes of the May 22, 2000, Public Hearing held at 6:30 p.m.; the minutes
of the May 22, 2000, Regular Council Meeting held at 7:30 p.m.
Voting "Aye" Councilmembers Owens, Seeger, and Marcott.
Voting "No" None.
Voting "Abstain" Councilmembers Beckman and Wilkins.
Motion Passed 3 to 0, with Councilmembers Beckman and Wilkins abstaining.
Page 1 of 28 - 6/12/2000
MAYOR'S ACTIVITY REPORT
Mayor Reid reported that on May 23 through May 25 he attended the International
Shopping Centers Conference in Las Vegas; May 26 he spoke to Challenger School 4`h _
graders; June 1 he attended the ribbon cutting at Broadway Storage and Dr. Heathman
D.D.S.; June 2 he was interviewed by Pearland Journal regarding the air quality; June 5
he attended the City Council Workshop on Impact Fees; June 6 he was interviewed by
radio station KRBE and he swore in Woody Owens to Council Position No. 2 at the Special
Council Meeting; June 8 he attended the TML Risk Pool Meeting; June 9 and 10 he
attended his high school reunion.
COUNCIL ACTIVITY REPORTS
Councilmembers Beckman, Owens, Seeger, and Marcott did not give a report.
Councilmember Wilkins thanked everyone for their support during his surgery and recovery
from having a detached retina. He commended the Mayor for his interview with KRBE, and
wanted to remind everyone of the City's Parks Department award winning summer outdoor
concert series.
CITY MANAGER'S REPORT
City Manager Glen Erwin stated that TNRCC inspected the City's public water supply and
found no violations documental. He also stated that we are expanding two of our
wastewater treatment plants, which are both on schedule. Barry Rose will be complete in
August and Longwood will be complete in November.
CITIZENS
Delores Fenwick, 1910 Washington Irving reported thatthe Houston Chronicle featured the
City in the paper on Saturday regarding Keep Pearland Beautiful. She presented Mayor
Reid with the TNRCC Certificate of Appreciation for the Household Hazardous Materials
Collection Day. She then presented Mayor Reid with the Governor's Community
Achievement Award presented by State Representative Dennis Bonnen for the Keep
Texas Beautiful Program. She stated that Council's packets contained the registration form
for the Keep Texas Beautiful Convention in EI Paso, and also invited Council and Staff to
the Governor's Award Luncheon on Friday, June 30, 2000. She then addressed Council
regarding he concerns with the Solid Waste grant and procedures.
Page 2 of 28 - 6/12/2000
Joe Zvanut, 2905 Yorkshire, addressed Council and stated that he has concerns with
supporting the July 15, 2000 Bond Election. Mr. Zvanut further stated that his main
concern is with the drainage in the City.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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 OFCERTAIN REAL PROPERTYAND GRANTING A SPECIFIC
USE PERMIT FOR A PROFESSIONAUMEDICAL 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 SEVERA131LITY CLAUSE,
AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Mr. Gene Tomlinson, Director of Community Development and Services.
B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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 11: 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
Page 3 of 28 - 6/12/2000
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.
C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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 1/20F 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 RANCH ROAD) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DW ELLING 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 Tumlinson, Director of
Community Development and Services.
D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF
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) ATTHE 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
Page 4 of 28 - 6/12/2000
OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Gene Tumlinson,
Director of Community Development and Services.
E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL 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 1/20F LOT 46, ALLISON RICHE'Y GULF COAST
HOME CO.'S SUBDIVISION, SECTION 9, H.T. & B.R.R. CO. SURVEY, A-234,
BRAZORIA COUNTY, TEXAS, ACCORDING TO 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, Director of
Community Development and Services.
Councilmember Beckman made the motion, seconded by Wilkins, to adopt Items A
through E, as presented on the Consent Agenda for their second and final reading.
Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA
None.
NEW BUSINESS
COUNCIL ACTION - RESOLUTION NO. R2000-76 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE MASTER
DRAINAGE PLAN FOR SHADOW CREEK RANCH. Mr. John Hargrove, City Engineer.
Page 5 of 28 - 6/12/2000
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Seeger, to approve
Resolution No. R2000-76.
Renee West, 6302 Broadway, addressed Council and stated that there was not an Exhibit
"A" behind the Resolution. She also expressed her concerns regarding the manner in
which plats and plans are approved.
David Tinney, 2929 Briar Park, with L.A. Engineering and Surveying, addressed Council
and stated that he is available to answer any questions regarding the plan.
Gary Cook, 2947 E. Broadway, addressed Council and asked for their approval of the
Drainage Plan. He stated that this plan is state of the art. He further addressed Council
regarding concerns that he had received from Brazoria Drainage District No. 4.
City Manager, Glen Erwin, stated that approval of this plan is required for the developer to
start the plat process and move forward with the initial construction. He further stated that
this plan is for approximately 3,467 acres. The City's Engineering Department has
reviewed the Shadow Creek Ranch's Drainage Plan.
City Engineer, John Hargrove, stated that he has been writing plans for a long time and this
is one of the best he has ever seen and recommends this plan unequivocally.
Mayor Reid asked if the City has the responsibility of approving the drainage plans within
the City limits, and does the plan meet the City's criteria?
City Manager, Glen Erwin, stated that the City does have to approve the plans, and the
Shadow Creek Ranch's criteria exceeds the City's drainage criteria
Mayor Reid stated that it has been said that the City is giving special consideration to the
Shadow Creek Ranch Development that is not being given to all other developers.
City Manager, Glen Erwin stated that he cannot answer that allegation, because he does
not know of any specific allegation.
City Engineer, John Hargrove, stated that Shadow Creek Ranch has gone through an
extraordinary amount of preparation on their projects, and the only plat received has been
for a right of way, not for any type of development.
Mayor Reid stated that the relationship between TIRZ No. 2 and the City is a contractual
relationship, and it is worked out through the TIRZ agreements.
Page 6 of 28 - 6/12/2000
Deputy City Manager, Alan Mueller, stated that there are several agreements. The City has
Development Agreement, TIRZ Plan, a three-way agreement with the City, TIRZ and the
Developer that describes how the reimbursement process works. There is also the
participation agreement between the City and other taxing entities as far as how they
contribute.
Councilmember Owens asked if the letter from the Drainage District has been addressed,
and stated that he is concerned that the citizens who do not live in the City will be flooded
if the drainage plan is not correct.
City Engineer, John Hargrove, stated that those who live upstream or downstream will not
be affected by the drainage plan. He also stated that the Drainage Criteria Manual will have
to be followed.
Mayor Reid stated are concerns from the Drainage District that the ditch flowing into
Country Place would not benefit by the drainage plan.
Mr. Cook stated that Shadow Creek Ranch will be retaining 40% of the water, so they will
be receiving only 60% of what they would normally get.
Councilmember Seeger stated that he cannot see these being issues due to the fact that
we all operate from the same drainage criteria.
Councilmember Owens stated that we have a courtesy to reply to the Drainage District's
letter.
Alan Mueller, Deputy City Manager, stated that individual sections of Shadow Creek Ranch
plats will have to detail their drainage plans for that plat, just like any other plat in the City
limits. Those individual drain plans will be checked against the Master Plan to make sure
they are in compliance with the Master Plan. He further reported that actually Shadow
Creek Ranch has an extra layer of planning that most of the other subdivisions do not
have.
Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins.
Voting "No" None.
Motion Passed 5 to 0.
Page 7 of 28 - 6/12/2000
COUNCIL ACTION - TO CONSIDER WAIVER (SILVERLAKE) OF PARK DEDICATION
REQUIREMENTS. Mr. Ed Hersh, Parks and Recreation Director.
Mayor Pro-Tem Seeger made the motion, seconded by Councilmember Beckman, to
approve the waiver of Park Dedication requirements for Silverlake.
Tom Wilcox, 2442 CR 94, addressed Council requesting a waiver of the park dedication
requirements. He stated that being a Master Planned Community they are exempted from
the dedication ordinance. He said he feels that the land set aside for parks, set backs, and
lakes, more than meet the ordinance for dwelling units already in place. He then listed the
parks within the community and where they are located.
Paul Knoble, 3913 Spring Arbor Ct. addressed Council and stated that he is a member of
the Parks Board. The Board's reasons for recommending denial is the fact while residents
of Silverlake have access to the many amenities within Silverlake, other Pearland residents
do not have access to Silverlake's amenities. Mr. Knoble further stated that the Board is
being consistent with all developers.
Ed Hersh, Parks and Recreation Director, stated that with the build out of Silverlake there
will be an additional 1100 homes, and they will have a major impact on the community. The
Park's Department does not have the staff, or the resources, and the additional growth will
an impact on the Parks programs as well as the revenue. We have influx of the citizens of
Silverlake that come to town and utilize the parks facilities right now.
Councilmember Wilkins stated that he concurs with Mr. Knoble. If we allow this to come
in to play, all other developers or builders will take this on as well. He stated that he will
vote deny this waiver.
Councilmember Marcott asked how many dollars or acres is involved in eleven hundred
homes?
Parks and Recreation Director, Ed Hersh, stated that is $350 per dwelling unit or one acre
of land per 100 dwelling units.
Lengthy discussion ensued between Council and Staff regarding the waiver.
Voting "Aye" None.
Voting "No" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins.
Page 8 of 28 - 6/12/2000
I Motion Failed 5 to 0.
COUNCIL ACTION - MOTION TO REMOVE FROM TABLE ORDINANCE NO. 960. City
Council.
Councilmember Marcott made the motion, seconded by Councilmember Beckman, to
remove Ordinance No. 960 from the table.
Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - FIRST 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. Michael Ross, Projects Manager.
Councilmember Marcott made the motion, seconded by Councilmember Wilkins, to
approve Ordinance No. 960 on its first reading.
In an executive summary given by Project Manager, Michael Ross, he stated that on June
5, 2000, a Public Hearing was held to review and discuss the proposed amendments to the
Impact Fee Ordinance. In accordance with Texas Local Government Cade 395.057, the
City of Pearland is required to approve or disapprove the amendments of the land use
assumptions and the capital improvements plan and modification of an impact fee within
30 days after the date of the Public Hearing on the amendments. Staff recommends that
Council approve the revisions to the Impact Fee Ordinance by approving the first reading
of the proposed amendments on June 12, 2000 and subsequentfinal reading and adoption
on June 26, 2000.
Clinton Wong, 7676 Woodway, addressed Council and stated that given the short time
constraint, as a developer, he is in favor of the ordinance on the first reading. However, he
would like Council to consider the financial proposal submitted to Staff which would help
promote future growth. He also asked that Council consider a fair economical balance. He
Page 9 of 28 - 6/12/2000
feels that there is an economic incentive granted to the west side and an analysis does
prove that. He asked the Council to create the same fee for all of Pearland.
Renee West, 6302 Broadway, addressed Council and stated that she is not against Impact
Fees, but they are going so high. She said with raising them we must also keep in mind
that there is park fees, interest rates are rising, development cost is rising, labor cost is
rising and the cost of material is also going up. She further addressed Council about her
concerns with the West side of town versus the East side and the Impact Fee difference.
She feels that everyone should have an equal fee.
Bob Lewis, 2905 Country Club Dr., addressed Council and suggested that Council form
a committee of citizens & developers that recommend areas that impact the City and study
the impact that would have on the City as whole before presenting it to Council. He also
stated that Council needs to work out problems with the Drainage District and speed up the
approval process.
Gary Cook, Shadow Creek Ranch, addressed Council and stated that Shadow Creek
Ranch has always intended to pay its own way in development cost, so that it is not a
burden on the City or the existing or future tax payers living outside of Shadow Creek
Ranch. He further stated that all development should pay its own way the full actual cost.
He said in the study, it is proposed that Shadow Creek Ranch pay its full cost, but the rest
of the City is paying a 40, 50, or 60 percent discount of what the cost are projected to be.
If the Impact Fees are to be reconsidered he stated that all development should pay the
same percentage and the philosophy that it is approached.
City Manager, Glen Erwin, stated that the issues have been adequately addressed and will
answer any questions Council may have.
Mayor Pro -Tem Seeger stated that in order to meet the future development it is going to
require the Impact Fees that are being proposed. There is no decision or emotion involved
of how much to charge, that is just how the math comes out. He further stated that amount
of the Impact Fees is not an idea or a suggestion.
Councilmember Owens asked if this Ordinance was tabled today could there be an
emergency reading next meeting?
City Attorney, Darrin Coker, stated that the Impact Fee statute prevents it from being
considered as an emergency, and has to be read at two City Council meetings. If it is
tabled, it would push the City outside of the thirty -day window of being adopted after the
public hearing.
Page 10 of 28 - 6/12/2000
Councilmember Owens stated that he is concerned about the difference between the fee
for the City and Shadow Creek Ranch, and would like to see the amount of the fee be the
same for everyone. He further stated that he has reviewed the report from Walsh, and
does not have a problem with the report. There is about a ten percent contingency, which
a fairly significant amount, and seems to be a little high. He said the difference of $290 that
separates the East and West side of town will not truly impact the development that the
City needs within the next few years, and would like to see the fees be the equal for
everybody.
Mayor Reid stated the it needs to be considered that Shadow Creek Ranch is being
handled different that the others, and said that Staff may be able to give a better
explanation than he could.
Mayor Pro -Tem Seeger stated that he would be concerned of the public outcry if it went
the other way. If something went horribly wrong with the Shadow Creek Ranch
development, and their cost skyrocketed, and the rest of the City would have to start
carrying them. He stated that is why he is in favor of keeping their finances separate of the
rest of the City.
Councilmember Owens stated he would like to see the same Impact Fee for everyone.
Deputy City Manager, Alan Mueller, stated by making the fees equal, over a three-year
period that is approximately $450,000. He further stated that the City's portion of the
Impact Fee is based on 70% of the allowable amount to be charged for Impact Fees.
Councilmember Beckman stated if the City is not able to do as much as projected, and the
funds are not available for the upcoming three years, it becomes a matter of when you
want to pay it. Pay it now or pay it later. If there is not enough funds it is going to be difficult
to keep up with development. Councilmember Beckman stated that this action has been
delayed once, and the Council needs to proceed Impact Fees as recommended.
Voting "Aye" Councilmembers Beckman, Seeger, Marcott, and Wilkins.
Voting "No" Councilmember Owens.
Motion passed 4 to 1.
COUNCIL ACTION - RESOLUTION NO. R2000-73 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING THE TEXAS SOLID
WASTE GRANTS PROGRAM. Mayor Reid.
Page 11 of 28 - 6/12/2000
Councilmember Beckman made the motion, seconded by Mayor Pro-Tem Seeger, to
approve Resolution No. R2000-73.
In an executive summary given by Mayor Reid he stated that the State of Texas annually
remits one-half of the "tipping fee" on solid waste disposal to local governments in various
regions of the state, thus allowing cities to undertake projects that would otherwise not be
feasible. The resolution supports the State of Texas Solid Waste Grants Program and
encourages cooperation between local governments and the State to promote regional
projects related to solid waste reduction and recycling.
Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2000-74 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING LITIGATION
INVOLVING UTILITY FRANCHISE FEES. Mr. Darrin Coker, City Attorney.
Councilmember Owens made the motion, seconded by Councilmember Beckman, to
approve Resolution No. R2000-74.
In an executive summary given by City Attorney, Darrin Coker, he stated that the City is a
"class" member of this class action suit filed in 1997. Like the Entex matter, this case
evolved after several cities learned that HL&P may have grossly miscalculated the payment
of their franchise fees. A Houston jury recently rendered a verdict against HL&P in the
amount of $4.2 million in actual damages for underpaying cities for franchise fees. As you
recall, the cities of Pasadena, Galveston, and Wharton acted as the lead cities in the class
action suit against HL&P in this issue, while the City of Pearland participated as a "class
member." In addition to the $4.2 million in actual damages, the parties recently agreed to
a settlement of $30 million in punitive damages. The judge in the matter decided to hear
only the claims of the three named cities in the first trial, and indicated he may apply the
jury's findings to the other cities' claims. The remainder of the "class" will be going to
mediation in an effort to resolve the case, however, further proceedings will be necessary
if the case is not settled. The proposed resolution expresses the City's support of the
litigation and its intent to resolve its claims. This litigation is done on a contingency and is
not costing the City for representation.
Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins.
Page 12 of 28 - 6/12/2000
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2000-75 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, TERMINATING THE TAX
ABATEMENT AGREEMENT BETWEEN THE CITY OF PEARLAND AND MTI
ACQUISITION CORP., AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
TAKE ALL APPROPRIATE MEASURES TO COLLECT THE UNPAID AD VALOREM
TAXES ABATED UNDER THE AGREEMENT, AND REQUESTING THATTHE BRAZORIA
COUNTY APPRAISAL DISTRICT PLACE MTI ACQUISITION CORP.'S PROPERTY ON
THE COUNTY TAX ROLLS. Mr. Darrin Coker, City Attorney.
Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Wilkins, to
approve Resolution No. R2000-75.
In an executive summary given by City Attorney, Darrin Coker, he stated that on July 24,
1996, the City and MTI Acquisition Corp. executed a tax abatement agreement to abate
a portion of the City's ad valorem tax for a period of seven years. MTI has failed to keep
its facility in operation, thereby resulting in a breach of the agreement. The City notified
MTI of the breach, and MTI has indicated that it will not remedy the breach. This resolution
will authorize termination of the tax abatement agreement and allow the City to collect
unpaid ad valorem tax previously abated under the agreement.
Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2000-77 - 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 CROSSLAND ACQUISITION,
INC. FOR PROFESSIONAL SERVICES ASSOCIATED WITH THE CITY'S EDA #2
WATER PROJECT. Mr. Michael Ross, Projects Manager.
Councilmember Marcott made the motion, seconded by Councilmember Wilkins, to
approve Resolution No. R2000 -77 -
Page 13 of 28 - 6/12/2000
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2000-75 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, TERMINATING THE TAX
ABATEMENT AGREEMENT BETWEEN THE CITY OF PEARLAND AND MTI
ACQUISITION CORP., AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
TAKE ALL APPROPRIATE MEASURES TO COLLECT THE UNPAID AD VALOREM
TAXES ABATED UNDER THE AGREEMENT, AND REQUESTING THAT THE BRAZORIA
COUNTY APPRAISAL DISTRICT PLACE MTI ACQUISITION CORP.'S PROPERTY ON
THE COUNTY TAX ROLLS. Mr. Darrin Coker, City Attorney.
Mayor Pro -Tem Seeger made the motion, seconded by Councilmernber Wilkins, to
approve Resolution No. R2000-75.
In an executive summary given by City Attorney, Darrin Coker, he stated that on July 24,
1996, the City and MTI Acquisition Corp. executed a tax abatement agreement to abate
a portion of the City's ad valorem tax for a period of seven years. MTI has failed to keep
its facility in operation, thereby resulting in a breach of the agreement. The City notified
MTI of the breach, and MTI has indicated that it will not remedy the breach. This resolution
will authorize termination of the tax abatement agreement and allow the City to collect
unpaid ad valorem tax previously abated under the agreement.
Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2000-77 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO ENTER INTO A CONTRACT W ITH CROSSLAND ACQUISITION,
INC. FOR PROFESSIONAL SERVICES ASSOCIATED WITH THE CITY'S EDA #2
WATER PROJECT. Mr. Michael Ross, Projects Manager.
Councilmember Marcott made the motion, seconded by Councilmernber Wilkins, to
approve Resolution No. R2000-77.
Page 13 of 28 - 6/12/2000
In an executive summary given by Project Manager, Michael Ross, he stated that on
January 25, 2000, the City approved Crossland Acquisition, Incorporated's (CAI) proposal
for $13,250. CAI originally proposed to provide basic title examination and the acquisition
of easements on seven(7) parcels of land. It was initially thought that the property owners
would donate the easements since the addition of the water line would add value to their
property. Since that time, through their title research, CAI has found that a total of 33
owners possess varying percentages of the parcels of land. Additionally, it appears that
it may become necessary to purchase or possibly condemn the easements in order to
proceed with the project. Given the above, CAI has had to spend an enormous amount of
time performing title examination and abstraction on the numerous properties. They are
now prepared to proceed with appraisals on the easements. Staff recommends that
Council approve the attached proposal and subsequent expenditure of $24,350 to CAI for
the professional services with the City of Pearland's EDA #2 Water Project.
Councilmember Marcott asked if the City is anticipating having to pursue condemnation of
some of the properties involved?
Project Manager, Michael Ross, reported that the City is getting appraisals and making
offers based the appraisals around it. The City hopes that the owners of the property will
accept the offer. He also reported he expects to have to get formal appraisals on about
75% of the property.
Additional discussion ensued between Council, Staff and the City Attorney regarding
condemnation.
Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2000-78 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING BID NO. 2000-052 FOR
THE CONSTRUCTION OF THE MAGNOLIA/HARKEY SANITARY SEWER PROJECT
AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A
CONTRACT FOR SAID CONSTRUCTION. Mr. Michael Ross, Projects Manager.
Councilmember Beckman made the motion, seconded by Councilmember Owens, to
approve Resolution No. R2000-78, and enter into a contract with Pate and Pate
Enterprises, Inc., in the amount of $1,222,504.40 for the project.
Page 14 of 28 - 6/12/2000
In an executive summary given by Project Manager, Michael Ross, he stated that on June
1, 2000, the City opened bids for the project. At that time, the apparent low bidder was
Pate and Pate Enterprises, Inc. in the amount of $1,155,214.40 and an alternate bid of
$67,290. for asphalt, repairs and rehabilitation after the sewer line is installed. The grand
total will be $1,222,504.40. Since that time the City's consultant (Carter & Burgess, Inc.)
has reviewed and tabulated the bids and checked references on the low bidder. The
funding for this project is available, and this project is one of the Texas Water Development
Board (TWDB) State Revolving Fund (SRF) Tier III projects; therefore the final bid award
is contingent on the TWDB's approval. Staff recommends that Council accept the low bid
and approve the contract with Pate and Pate Enterprises, Inc. for the Magnolia Harkey
Sanitary Sewer Project.
Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2000-79 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH BOB HOLT FOR
INSPECTION SERVICES ASSOCIATED WITH THE MAGNOLIA/HARKEY SANITARY
SEWER PROJECT. Mr. Michael Ross, Projects Manager.
Councilmember Owens made the motion, seconded by Councilmember Beckman, to
approve Resolution No. R2000-79.
In an executive summary given by Project Manager Michael Ross, he stated that staff has
prepared a contract proposal forconstruction inspection services forthe above project. The
Texas Water Development Board requires the City to provide adequate inspection services
for assurance that the construction work is being performed in a satisfactory manner in
accordance with the plans and specifications. Staff has selected Mr. Bob Holt for this
project due to his extensive experience with the City on previous sanitary sewer projects
and his familiarity with Texas Water Development Board program guidelines. The
inspector for this project will be compensated based upon 1 % of the total construction
contract which currently equals too $11.552.40 plus any mileage and phone expenses. A
copy of the contract proposal is attached for reference. The funding for this contract is
available, and this project is on of the Texas Water Development Board (TWDB) State
Revolving Fund (SRF) Tier III projects; therefore, the contract is also contingent on the
TWDB's approval. Staff recommends that Council accept and approve the contract
Page 15 of 28 - 6/12/2000
inspection proposal with Mr. Bob Holt in the amount of $11.552.14 plus mileage and phone
reimbursement expenses for the Magnolia Harkey Sanitary Sewer Project.
Councilmember Owens stated that he had concerns regarding the terms and conditions
on the letter of agreement, and Mr. Holt is not a PE (Professional Engineer). He further
stated if a conflict arises the City could have some problems with this type of agreement.
City Engineer, John Hargrove, stated the agreement is for project inspection services. The
Design Engineer maintains responsibly for periodic inspections and approval of change
orders, and periodic pay estimates. Mr. Hargrove stated that he is the Inspector's
supervisor and he is a PE (Professional Engineer). Mr. Hargrove said he signs off on the
Mr. Holt's inspections just like he does with the City's Inspectors.
Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2000-80 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING THE CITY OF
PEARLAND'S PARTICIPATION IN THE ENVIRONMENTAL PROTECTION AGENCY'S
(EPA) NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM
WATER PHASE II GALVESTON BAY ESTUARY PROGRAM. Mr. Michael Ross, Projects
Manager.
Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Owens, to approve
Resolution No. R2000-80.
In an executive summary given by Project Manager, Michael Ross, he stated that on
February 7, 2000, Phase II of the Environmental Protection Agency's (EPA) National
Pollutant Discharge Elimination System (NPDES) storm water regulations took effect.
These regulations are intended to improve water quality in the bays and oceans, as well
as reduce flood damage and improve drinking water. Phase II will bring municipalities
fewer than 100,000 in population, and construction sites from 1-5 acres into the NPDES
storm water permitting program. Phase I regulations already regulate municipalities more
than 100,000 and construction sites greater that 5 acres. The regulations have an
implementation schedule whereby those municipalities subject to the Phase II regulations
will have to obtain NPDES permit coverage by March 10, 2003. A focus group was formed
by a branch of the Texas Natural Resource Conservation Commission (TNRCC) named
Page 16 of 28 - 6/12/2000
the Galveston Bay Estuary Program to develop a model NPDES Phase 11 program that
could be used by the smaller cities. Given the City of Pearland's size and explosive growth,
the group selected our City as a model City and they have offered to prepare a preliminary
draft of our mandated storm water management plan (SWMP) for us at no charge. This
plan would then be used by other cities as a model for preparing their plans. The City of
Pearland's only cost will be the staff time it takes to provide the necessary information to
the consultant. Staff recommends Council approval of the resolution.
Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 971 - AN ORDINANCE EXTENDING THE CITY
LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LANE) AREA WITHIN
CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND
ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (NEAR THE
NORTHWEST CORNER OF STATE HIGHWAY 288 AND FM 2234) AT THE REQUEST
OF PEARLAND INVESTMENTS, L.P.; APPROVING A SERVICE PLAN FORALLOFTHE
AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS
RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY
CLAUSE. Mr. Alan Mueller, Deputy City Manager.
Councilmember Marcott made the motion, seconded by Councilmember Wilkins, to
approve Ordinance No. 971 on its first reading.
In an executive summary given by Deputy City Manager, Alan Mueller, he stated that
Pearland Investments submitted an annexation request on March 10, 2000 (received by
the City on March 15, 2000). The City Council directed the Staff to prepare a service plan
for annexation on April 10, 2000. Public Hearings were conducted on May 8 and May 22,
2000, in accordance with the schedule provided by State Law. Staff recommends adopting
the first reading of Ordinance.
Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
Page 17 of 28 - 6/12/2000
FIRST READING OF ORDINANCE NO. 509-F - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE LAND USE AND
URBAN DEVELOPMENTORDINANCEOF THE CITY OF PEARLAND (ORDINANCE NO.
509), AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, BY ADDING NEW
SUBSECTIONS TO REGULATE LAND USE WITHIN THE CITY LIMITS OF PEARLAND;
PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR
CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Alan Mueller, Deputy
City Manager.
Councilmember Beckman made the motion, seconded by Councilmember Marcott, to
approve Ordinance No. 509-F on its first reading.
In an executive summary given by Deputy City Manager, Alan Mueller, he stated that
pursuant to the Mayor's request, proposed amendments to the City's Land Use and Urban
Development Ordinance have been placed on the June 12, 2000, City Council agenda.
The amendments include, but are not limited to, set back requirements, expansion of the
Pearland Parkway corridor overlay district, addition of telecommunication tower regulations,
and various changes to the table of permitted uses. Due to the City's rapid development,
Staff is seeking approval of the proposed amendments to effectively deal with new
projects. It is agreed that additional amendments will be required in the future, however,
the proposed amendments are viewed as a priority at this time. Staff recommends
consideration of Ordinance No. 509-F.
City Manager, Glen Erwin, stated this item that has been discussed many times and had
several workshops. He further stated that he did receive copies of the proposed changes
to the ordinance, and understands that additional amendments will have to be made. This
ordinance does contain amendments that immediately need to be changed. He said he
recommends the approval of this ordinance.
Mayor Reid reported that Deputy City Manager Alan Mueller conducted a comprehensive
workshop on this matter.
Mayor Pro -Tem Seeger stated that he is anxious to see telecommunications tower
regulations be addressed in this ordinance and also the corridor overlay.
Councilmember Marcott stated he would like to also see those two items approved. He
further stated that he has questions on the other amendments being considered.
Councilmember Marcott said that he had discussed some of the matters with Staff and
some were cleared up, and others are still a little concerning to him. The yard set backs
Page 18 of 28 - 6/12/2000
is a concern and also addressed his concerns regarding the size of some of the new
vehicles. He said that during his campaigning in Dixie Woods is what really concerned him.
He gave examples of his concerns. He further stated he would like to see more than a
minium of 20 feet, and would like to see the children walk up and down the street
unencumbered.
Mayor Pro -Tem Seeger stated that we can amend the ordinance to correct additional
issues in the future.
Deputy City Manager, Alan Mueller stated that this ordinance needs to be considered in
one motion, because this ordinance is purchased daily and if it changed very often that will
cause them to have to buy a book almost every month. He further stated that he
recommends adopting the ordinance as presented rather than removing two orthree items
out.
Project Manager, Michael Ross, stated that if we find out that something is not working, it
could be brought back to Council for further consideration.
Councilmember Beckman stated that we have delayed on this item so long now. It seems
like the Council needs to approve this ordinance to get the changes in that are rather
urgent, and if the Council wants to make other changes at the time that the sign ordinance
is amended that would be the apporiate time to do that.
City Manager, Glen Erwin, stated that Council could make recommendations to Staff, then
a report could be given to Council regarding the changes before the next meeting.
Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins.
Voting "No" None.
Motion passed 5 to 0.
COUNCIL ACTION - COUNCIL ACCEPTANCE PARK VILLAGE ESTATES, SECTION 1
SUBDIVISION. Mr. John Hargrove, City Engineer.
Councilmember Owens made the motion, seconded by Councilmember Beckman, to
accept Park Village Estates, Section 1 Subdivision.
Page 19 of 28 - 6/12/2000
In an executive summary given by City Engineer John Hargrove, he stated that Park
Village Estates, Section 1 is 21.45 acres and contains 76 lots, 6 block with 5 reserves. Mr.
Hargrove recommended its acceptance for maintenance and operation.
Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - COUNCIL ACCEPTANCE OF VILLAGES OF EDGEWATER
ESTATES, SECTION 5, PHASE 2, SUBDIVISION. Mr. John Hargrove, City Engineer.
Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Owens, to accept
Villages of Edgewater Estates, Section 5, Phase 2, Subdivision.
In an executive summary given by City Engineer John Hargrove, he stated that Villages of
Edgewater Estates, Section 5, Phase 2 is 30.115 acres with 88 lots, 3 blocks, and 3
reserves. Mr. Hargrove recommended its acceptance for maintenance and operation.
Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - EXCUSE COUNCILMEMBER HELEN BECKMAN'S ABSENCE
FROM THE MAY 22, 2000, REGULAR COUNCIL MEETING. City Council.
Councilmember Marcott madethe motion, seconded by Councilmember Wilkins, to excuse
the absence of Councilmember Helen Beckman from the Regular Council Meeting held on
May 22, 2000.
Voting "Aye" Councilmembers Owens, Seeger, Marcott, and Wilkins.
Voting "No" None.
Voting "Abstain" Councilmember Beckman.
Motion Passed 4 to 0; with Councilmember Beckman abstaining.
Page 20 of 28 - 6/12/2000
COUNCIL ACTION - EXCUSE COUNCILMEMBER LARRY WILKINS ABSENCE FROM
THE MAY 22, 2000, REGULAR COUNCIL MEETING. City Council.
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Seeger, to
excuse the absence of Councilmember Larry Wilkins's from the Regular Council Meeting
held on May 22, 2000.
Voting "Aye" Councilmembers Marcott, Seeger, Owens, and Beckman.
Voting "No" None.
Voting "Abstain" Councilmember Wilkins.
Motion Passed 4 to 0, with Councilmember Wilkins abstaining.
FIRST READING OF ORDINANCE NO. 867 -1 -AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION 9.153, ADOPTED, OF
ARTICLE VII, ELECTRICAL CODE, OF CHAPTER 9, ELECTRICITY, OF THE CITY OF
PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME,
AMENDED, BYADDING A NEW SUBSECTION TO ALLOW THE USE OF MODULAR OR
MANUFACTURED LIGHTING SYSTEMS FOR LIMITED PURPOSES; PROVIDING A
PENALTY FORVIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE,
ANDA REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN
EFFECTIVE DATE. Mr. Gene Tumlinson, Director of Community Development and
Services.
Councilmember Owens made the motion, seconded by Councilmember Beckman, to
approve Ordinance No. 867-1 on its first reading.
In an executive summary given by Director of Community Development and Services,
Gene Tumlinson, he stated that several businesses, including Lowe's and Home Depot,
have made special request to the Electrical Board requesting permission to use modular
or manufactured wiring for lighting purposes. The City's electrical code does not currently
permit such wiring systems, however, the Electrical Board has requested an amendment
to the ordinance to allow such wiring, thus eliminating the need for variances in the future.
Staff recommends consideration of the Ordinance.
Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman.
Voting "No" None.
Page 21 of 28 - 6/12/2000
Motion passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-460 - 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 ACRE BEING LOT 3,
GABRIEL ENTERPRISES AND TRACT ll: 1.78 ACRES BEING LOT 361-13 OUT OF THE
H.C. JOHNSON 99 ACRE TRACT, A-219, BRAZORIA COUNTY, TEXAS, (APPLICATION
NO. 917) (2617 LAZY BEND DRIVE) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST
OF CHARLIE EASON, AGENT FOR STAN LESLIE, 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 Seeger made the motion, seconded by Councilmember Owens, to approve
Ordinance No. 509-460 (Application No. 917) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve (Application No. 917).
In an executive summary given by Director of Community Development and Services,
Gene Tumlinson, he stated zone change Application No. 917 is requesting to change the
classification from Suburban Development District (SD) to Commercial District (C). Staff
recommends consideration of request.
Mayor Pro -Tem Seeger asked what zoning this falls in?
Gene Tumlinson, Director of Community Development and Services, stated that it falls
within low density residential. He further reported that this is an existing plumbing company,
and the owner has acquired the land behind his and he would like to expand the business.
Mr. Tumlinson stated that Mr. Leslie just acquired the property and he is in the process of
cleaning the property up.
Councilmember Marcott asked if this zoning could be made a General Business with a
Specific Use Permit, so that if his business goes out the property will be protected in the
future?
Page 22 of 28 - 6/12/2000
r^ Councilmember Marcott made the motion, seconded by Councilmember Wilkins, to table
Ordinance No. 509-460 to allow Staff to consult with the property owner regarding the
zoning of the property to General Business with a Specific Use Permit.
Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins.
Voting "No" None.
Motion passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-461 - 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
STORAGE FACILITY ON THE FOLLOWING PROPERTY, TO -WIT 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 GENERAL BUSINESS - SPECIFIC USE (GB -S) AT THE REQUEST
OF BOBBY CRAIG & BILLY CRAIG, OWNERS, 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, Directorof Community Development
and Services.
Councilmember Marcott made the motion, seconded by Councilmember Wilkins, to
approve Ordinance No. 509-461 (Application No. 912) on its first reading.
Mayor Reid reported that Director of Community Development and Services Gene
Tumlinson contacted the property owner, and the owner agreed to the zone change with
a Specific Use Permit.
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 General Business District -
Specific Use (GB -S). Staff recommends consideration of request.
Page 23 of 28 - 6/12/2000
Councilmember Marcott stated this is a good move. It protects the neighborhood, and
there is a nice brink fence between the neighborhood and facility.
Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins.
Voting "No" None.
Motion passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-462 - 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 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 (APPLICATION NO. 913) (CHOCOLATE BAYOU
ROAD @ FITE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF CHARLIE EASON
OF HARDCASTLE REAL ESTATE, AGENT FOR BASIL L. COGBILL, OWNER,
PROVIDING FORAN AMENDMENT OFTHE 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 Beckman made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 509-462 (Application No. 913) on its first reading.
Mayor Reid reported that Director of Community Development and Services Gene
Tumlinson contacted the property owner, and the owner agreed to change the zoning to
General Business.
In an executive summary given by Director of Community Development and Services,
Gene Tumlinson, he stated this is zone change Application No. 913 requesting to change
the classification from Suburban Development District (SD) to General Business District
(GB). Staff recommends consideration of request.
Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman.
Voting "No" None.
Page 24 of 28 - 6/12/2000
Motion passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-463 - 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 1.103 ACRES BEING LOT 1 OF
GABRIEL ENTERPRISES, H.T. & B.R.R. CO. SURVEY, A-219, BRAZORIA COUNTY,
TEXAS (APPLICATION NO. 918) (5915 BROADWAY) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB)
AT THE REQUEST OF CHARLIE EASON, AGENT FOR STAN LESLIE, OWNER,
PROVIDING FOR ANAMENDMENTOFTHE 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 Owens made the motion, seconded by Councilmember Beckman to
approve Ordinance No. 509-463 (Application No. 918) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve (Application No. 918).
In an executive summary given by Director of Community Development and Services,
Gene Tumlinson, he stated this is zone change Application No. 918 requesting to change
the classification from Suburban Development District (SD) to General Business District
(GB). Staff recommends consideration of request.
Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins.
Voting "No" None.
Motion passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-464 - 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. TRACT301A, H.T.
& B.R.R. CO. SURVEY, A-309, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 906) (3054 OLD CHOCOLATE BAYOU ROAD) FROM
I Page 25 of 28 - 6/12/2000
CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-1) TO NEIGHBORHOOD
SERVICES DISTRICT (NS) 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 EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO TH E SUBJECT. Mr. Gene Tumlinson, Directorof Community
Development and Services.
Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to
approve Ordinance No. 509-464 (Application No. 906) on its first reading.
Mayor Reid reported that Director of Community Development and Services, Gene
Tumlinson contacted the property owner, and the owner agreed to change the zoning to
a Neighborhood Services District.
In an executive summary given by Director of Community Development and Services,
Gene Tumlinson, he stated this is zone change Application No. 906 requesting to change
the classification from Suburban Development District (SD) to Neighborhood Services
District (NS). Staff recommends consideration of request.
Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman.
Voting "No" None.
Motion passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-465 - 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 WEST 2 ACRES OF THE SOUTH
1/20F LOT 9, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 10,
H.T. & B.R.R. CO. SURVEY, A-505, BRAZORIA COUNTY, TEXAS, ACCORDING TOTHE
PLAT AS RECORDED IN VOLUME 2, PAGE 24, PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 919) (13535 STONE ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-1) ATTHE REQUEST OF VICTOR & MICHELLE PATTERSON,
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.
Page 26 of 28 - 6/12/2000
Councilmember Marcott made the motion, seconded by Councilmember Wilkins, to
approve Ordinance No. 509-465 (Application No. 919) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
approve (Application No. 919).
In an executive summary given by Director of Community Development and Services,
Gene Tumlinson, he stated this is zone change Application No. 919 requesting to change
the classification from Suburban Development District (SD) to Single Family Dwelling
District (R-1). Staff recommends consideration of request.
Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins.
Voting "No" None.
Motion passed 5 to 0.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 10:25 p.m.
to discuss the following:.
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.071 - CONSULTING WITH CITY ATTORNEY REGARDING
POTENTIAL LITIGATION -ASSOCIATED WITH THE CAPACITY OFTHE BARRY
ROSE WASTEWATER FACILITY. Mr. Darrin Coker, City Attorney.
Council returned from Executive Session at 10:57 p.m.
NEW BUSINESS (CONTINUED):
COUNCIL ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING
POTENTIAL LITIGATION ASSOCIATED WITH THE CAPACITY OF THE BARRY ROSE
WASTEWATER FACILITY. Mr. Darrin Coker, City Attorney.
Councilmember Marcott made the motion, seconded by Councilmember Wilkins,
authorizing the City Attorney to proceed as directed by the City Council in the potential
litigation associated with the Barry Rose Wastewater Facility.
Page 27 of 28 - 6/12/2000
Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins.
Voting "No" None.
Motion Passed 5 to 0.
ADJOURNMENT
Meeting was adjourned at 10:58 p,m.
ADJOURNMENT
Minutes approved as submitted and/or corrected this the 26th day of June 2000.
Tom Reid
Mayor
ATTEST:
Page 28 of 28 - 6/12/2000