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2000-09-11 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON SEPTEMBER 11, 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 Helen Beckman Councilmember Woody Owens Councilmember Larry Marcott Councilmember Larry Wilkins City Manager Glen Erwin City Attorney Darrin Coker City Secretary Young Lorfing Others in attendance: Deputy City Manager Alan Mueller; Executive Director P. E. D.C. Mike Chance; Manager of Administrative Support Tobin Maples; City Engineer John Hargrove; Community Relations Liaison Phibi Vassallos; Public Works DirectorJerry Burns; Assistant City Attorney Nghiem Doan; Purchasing Officer Gordon Island; Assistant Police Chief Johnny Spires; Sr. Civil Designer C.R. Long. The invocation was given by Rev. Barnett, and the Pledge of Allegiance was led by Chief of Police J.C. Doyle. Councilmember Beckman made the motion, seconded by Councilmember Wilkins to approve the minutes of the August 28, 2000, Joint Public Hearing held at 6:30 p.m.; the minutes of the August 28, 2000, (Tax) Public Hearing held at 7:00 p.m.; the minutes of the August 28, Regular Council Meeting held at 7:30 p.m. Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 5 to 0. Page 1 of 16 - 9/11/2000 nty9 MAYOR'S ACTIVITY REPORT Mayor Reid reported on September 3 he presented a Proclamation to St. Stephens Lutheran Church proclaiming September 3, 2000 "St. Stephens Lutheran Church Day'; September 4 he attended the Funeral of Friendswood City Councilmember Tom Manison; September 6-8 he attended the Texas Association of Regional Councils Meeting; September 11 he attended Brazoria County Tax Abatement Committee Meeting and gave a speech at the Catholic Family Fraternal of Texas Meeting, and he attended the Transportation Policy Council Meeting with the TNRCC regarding air quality issues and also attended the PEDC Board Meeting. COUNCIL ACTIVITY REPORTS Councilmember Beckman reported on August 30 the City celebrated Staff Accountant, Janet Eastburn's 30 year anniversary with the City; September 3 she also attended the celebration at St. Stephens Lutheran Church; September 9 she attended the Fall community clean up and it was a real success; September 11 she attended PEDC Meeting. Councilmember Beckman announced on September 19, 2000,4:00 - 7:00 p.m., there will be an Open House at the Adult Reading Center. Councilmember Owens reported on September 3 he also attended the celebration at St. Stephens Lutheran Church. Mayor Pro -Tem Seeger passed on giving a report. Councilmember Marcott reported that he also attended the celebration at St. Stephens Lutheran Church; September 24 he spent the day with the current Leadership Pearland Class, which he was a member of the first class. He stated the Leadership Pearland Class is a valuable experience, and he appreciates the City of Pearland's support of the Chamber and the class. Councilmember Marcott also gave a brief overview of the class day, and on September 9 he participated with the Clean Pearland Fall clean up group. Councilmember Wilkins stated that he did not have anything to report. CITY MANAGER'S REPORT City Manager, Glen Erwin, reported the Mclean Road bridge at Mary's Creek was closed today. He anticipates that the bridge will be closed for approximately two weeks while repairs are being made. He further reported this past month the City issued 67 residential permits, 1 commercial permit. The total permits this year is 572 residential, 1 multi -family, Page 2 of 16 - 9/11/2000 n97 and 10 commercial. He further reported that in the near future Council will be presented a list of possible candidates for the Cullen Road Steering Committee. Mr. Erwin also reported on a sewer main break in Green Tee this past week. The leak was fixed on Friday and the City is in the process of cleaning up the environment. The street lights are ready to be installed on Pearland Parkway. Reliant Energy will install 129 lights. Reliant Energy will pay the installation of the street lights and the City is required to install the conduit. In closing Mr. Erwin stated that the City is still under mandatory water rationing plan, however, the pump rate was reduced over the weekend. CITIZENS David Garza, 2309 Caloway, Green Tee Homeowner's Association Safety Officer, addressed Council and stated he is representing the Homeowner's Association and they are concerned about a fire hydrant that is missing as a result of an accident. It was reported on August 11, 2000 and is located about 3001 Green Tee. It is still down and he considers that as a safety hazard. Mr. Garza further stated that the importance of this fire hydrant is that the next closest fire hydrant is about a half a mile away, and the other direction is about two tenths of a mile. DaLona Niland, 2220 Green Tee, Green Tee Homeowners' Association, addressed Council and stated the Association is concerned about the City using herbicide rather than mowing the weeds. Ms. Niland passed out photographs and also reviewed a letter regarding the use of herbicides to kill the weeds verses mowing the weeds. She asked that this area be re -sodded. She further stated she has three small children, and is concerned because of the traffic in Green Tee, and asked for more police patrol. She also expressed her concerns regarding the streets, and asked if it would be possible to have a street sweeper to clean the streets in Green Tee? Mayor Reid stated that he is in Green Tee often, and he has observed private mowing companies tossing yard trimmings in the City's storm drainage system and also stated that is illegal. Councilmember Owens stated he would appreciate it if the City would mow the area that is being discussed, instead of using herbicide. Councilmember Marcott stated that he concurs with Councilmember Owens. DOCKETED PUBLIC HEARING: None Page 3 of 16 - 9/11/2000 0FQ CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 986 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DECLARING EXPEND TURES; HAVIING ASAV NGS CLAUSE, A SEVERABILITY SE PROJECT CAUSE, AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. Mr. Alan Mueller, Deputy City Manager. B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 985 - AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FORTHE FISCALYEAR BEGINNING OCTOBER 1, 2000, AND ENDING SEPTEMBER 30, 2001. Mr. Jim Causey, Finance Director. C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 984 - AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR 2000, AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE. Mr, Jim Causey, Finance Director. D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-484 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE PEARLAND, AND URBAN TEXAS, FOR DEVELOPMENT PURPOSE ORDINANCE CITY OF CHANGING CLASSIFICATION OF CERTAIN REAL PROPERTY AND GRANTING A SPECIFIC USE PERMIT FOR A SCHOOL ON THE FOLLOWING PROPERTY, BEING 79.5168 ACRES BEING ALL OF LOT 17, SECTION 12, H. T. & B.R.R. CO. SURVEY, A-508, BRAZORIA CO., TX (SPECIFIC USE NO. 89) (MCLEAN ROAD) FROM CLASSIFICATIDEVELOPMENT ONDISTR CT NSPECIFIIC USEDEVELOPMENT (SD -S) DISTRICT AT (THDETSUBURBAN REQUEST KENNETH R. BLACK OF COBOURN LINSEISEN & RATCLIFF, INC. AGENT FOR PEARLAND INDEPENDENT SCHOOL DISTRICT OWNER, PROVIDING FORAN 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. Tobin Maples, Director of Administrative Support. Page 4 of 16 - 9/11/2000 ME E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-485 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING A 10.00 ACRE TRACT OF LAND OUT OF LOTS 28 &29, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION 20, H.T. & B.R.R. CO. SURVEY, A-506, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 937) (SUNRISE LAKE "EAST") FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT THE REQUEST OF KEN CAFFEY, AGENT FOR AMVEST PROPERTIES, INC., OWNER, PROVIDING FOR AN AMENDMENTOFTHE LAND USE DISTRICT MAP; CONTAINING ASAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Director of Administrative Support. Councilmember Beckman made the motion, seconded by Councilmember Wilkins, to adopt the Consent Agenda Items A through E, on 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 FIRST AND ONLY READING OF ORDINANCE NO. 224-14 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 7, BUILDING, OF THE CITY OF PEARLAND CODE OF ORDINANCES (ORDINANCE NO. 224), AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO ADOPT SECTION 7-13.1, AMENDMENTS, MODIFICATIONS, ADDITIONS, DELETIONS, HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Gene Tumlinson, Director of Community Development and Services. Page 5 of 16 - 9/11/2000 07n Councilmember Owens made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 224-14 on its first and only reading. City Manager, Glen Erwin, stated that several years ago the City adopted the Southern Building Code to govern the construction of buildings. This ordinance will strengthen the codes because we are asking the Council require 16" centers, because the Southern Building Codes requires 22" centers. Councilmember Marcott stated he concurs with the ordinance, however, he would like to see this ordinance considered on one reading, so that can be in effect sooner than later, because it will strengthen a building, therefore, providing a safer building. City Attorney, Darrin Coker, stated that this ordinance is being declared an emergency the by Council, refore, it can be adopted on one reading. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2000-91 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR PLANS, SPECIFICATIONS, AND ENGINEERING ASSOCIATED WITH THE DIXIE FARM ROAD PROJECT. Mr. Michael Ross, Project Manager. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Marcott, to approve Resolution No. R2000-91. City Manager, Glen Erwin, stated this is the funding agreement between TxDot and the City for plans, specifications, and engineering associated with the Dixie Farm Road Project. Councilmember Owens stated that this was originally one project, and now it is being considered in two phases. Page 6 of 16 - 9/11/2000 6-71 Deputy City Manager, Alan Mueller, stated the agreement is written as two phases so that the City has the flexibility to do the Harris County section first, because of the Brio timing issues. Additional lengthy discussion _ensued between Council and Staff regarding the engineering, construction of the project, and agreement. Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2000-98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH CARTER & BURGESS, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE SHADOWCREEK PARKWAY SEWER PROJECT, PHASE jl. Mr. Alan Mueller, Deputy City Manager. Councilmember Marcott made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2000-98. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Seeger to table Resolution No. R2000-98. City Manager, Glen Erwin, stated this the large sewer project along Shadow Creek Parkway. It is for the wastewater treatment lines and facilities that will be in that area. The project is one of the Texas Development Board State Revolving Tier III projects. City Attorney, Darrin Coker, stated that all three insurance requirements designated in agreement will all be increased to $1 million. Councilmember Owens asked what was done on the errors and omissions which is $250,000, and further stated that most firms carry about $3 million in errors and omissions. City Attorney, Darrin Coker, stated that he contacted Texas Municipal League and their recommendation is $1 million. Page 7 of 16 - 9/11/2000 X72 Additional discussion ensued between Councilmember Owens and Deputy City Manager Alan Mueller, regarding this agreement and then Council and Mr. Mueller further discussed the agreement at length. After the discussion Councilmember Owens moved to table Resolution No. R2000-98. Voting "Aye" Councilmembers Marcott, Seeger, Owens, and Beckman. Voting "No" Councilmember Wilkins. Motion Passed 4 to 1. COUNCIL ACTION - DIRECTIVE TO STAFF TO INITIATE A SERVICE PLAN FOR THE ANNEXATION OF LAND AREA 1: SOUTH OF SHADOW CREEK/NEST OF CR48, AREA 2: BOUNDED BY BW 8, HOPPER, ALMEDA SCHOOL ROAD, AND RILEY ROAD, AREA 3: NORTHWEST CORNER OF FM 1128 AND CR 101, AREA 4: SOUTH OF CR 100/NORTH OF CR 128, AREA 5: SOUTHWEST CORNER OF SH 35 AND DIXIE FARM ROAD, AREA 6: WEST OF GREEN TEE. Mr. Alan Mueller, Deputy City Manager. Councilmember Wilkins made the motion, seconded by Councilmember Owens, to direct Staff to initiate a Service Plan for the annexation of land Area 1: South of Shadow Creek/West of CR 48, Area 2: bounded by BW 8, Hopper, Almeda School Road, and Riley Road, Area 3: Northwest Corner of FM 1128 and CR 101, Area 4: South of CR 100/North of CR 128, Area 5: Southwest Corner of SH 35 And Dixie Farm Road, Area 6: West of Green Tee. City Manager, Glen Erwin, stated that the Council held a workshop regarding these proposed annexations and discussed the advantages and disadvantages of annexing these specific areas into the City. It is Staff's understanding that Council would like for the City to proceed and annex them all. Therefore, we are here to get the official instruction regarding the proposed annexations. Voting "Aye" Councilmembers Beckman, Owens, Wilkins, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. Page 8 of 16 - 9/11/2000 C73 COUNCIL ACTION - RESOLUTION NO. R2000-100 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONSENTING TO THE CREATION OF FORT BEND COUNTY FRESH WATER SUPPLY DISTRICT NO. 1. Mr. Darrin Coker, City Attorney. Councilmember Beckman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2000-100. City Manager, Glen Erwin stated this is a Utility District that was actually formed in 1997, and was in the City of Houston's ETJ (Extraterritorial Jurisdiction) at that time. It is a requirement that the Cities the District is located in approve the authorization of debt. Councilmember Marcott stated that he has some concerns. He and the City Attorney have talked about it, and he feels there are a couple of more legal points that could be investigated before Council moves on this. City Attorney, Darrin Coker, stated that the City entered into an ETJ (Extraterritorial Jurisdiction) agreement with the City of Houston. Mr. Coker further explained the location of the Fort Bend Fresh Water District. He stated that the City with the majority of property located in their jurisdiction normally is the one that would annex the Fresh Water District, and that would be the City of Houston. Additional discussion regarding the Fresh Water District ensued between Council and Staff. After the discussion a motion was made by Councilmember Marcott to table this item. Councilmember Marcott made the motion, seconded by Councilmember Owens to table Resolution No. 82000-100. Voting "Aye" Councilmembers Owens, and Marcott. Voting "No" Councilmembers Beckman, Seeger and Wilkins. Motion Failed 3 to 2. Mayor Reid stated there is a motion on the floor to approve Resolution R2000-100. Voting "Aye" Councilmembers Beckman, Wilkins, and Seeger. Page 9 of 16 - 9/11/2000 071 Voting "No" Councilmembers Owens and Marcott. Motion Passed 3 to 2. COUNCIL ACTION - RESOLUTION NO. R2000-103 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN ADDENDUM TO THE DEVELOPMENT AGREEMENT WITH BEAZER HOMES TEXAS L.P., A TEXAS LIMITED PARTNERSHIP ("DEVELOPER"), TO PROPERLY IDENTIFY THE GOLF COURSE REFERRED TO IN THE AGREEMENT. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2000-103. City Manager, Glen Erwin, stated that in the original development agreement we inadvertently referred to the golf facility as a public course, in fact it will be a private facility, and that change needs to be made in the agreement. Voting "Aye" Councilmembers Beckman, Owens, Wilkins, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 987 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF SUBDIVISION ENTRYWAY TREATMENTS INTO THE CITY'S RIGHTS-OF-WAY LOCATED AT THE INTERSECTIONS OF BAILEY ROAD AT QUAIL RUN DRIVE AND HARKEY ROAD AT RAVENWOOD DRIVE, IN THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS. Mr. Tobin Maples, Director of Administrative Support. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 987 on its first reading. City Manager, Glen Erwin, stated this is an encroachment into the City easement for Ravenwood Estates. The encroachment is proposed for Bailey Road at Quail Run Drive and Harkey Road at Ravenwood Drive. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman. Page 10 of 16 - 9/11/2000 75 Voting "No" None. Motion passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2000-99 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PUBLICATION OF THE PARKS AND RECREATION CLASS PROGRAM BROCHURE. Mr. Ed Hersh, Parks and Recreation Director. Councilmember Marcott'made the motion, seconded by Councilmember Owens, to approve Resolution No. R2000-99. City Manager, Glen Erwin, stated this is for the publication of the Time and Leisure brochure that the City parks department distributes three times a year. The bid is for one year with the option for an additional year. Mr. Erwin recommended that the bid be awarded to Birdsong Printing located in the City of Pearland. Mayor Reidstatedthat Birdsong does a good job on the brochure. He also stated that he likes that local individuals put their art work on the front of the brochure. It is very cleaver and the City has won a couple of awards for the brochure. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2000-101 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE OF PLAYGROUND EQUIPMENT FOR C. J. HARRIS ELEMENTARY SCHOOL TO PAUL ALLEN CO. IN AN AMOUNT NOT TO EXCEED $49,300.00. Mr. Ed Hersh, Parks and Recreation Director. Councilmember Wilkins made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2000-101: City Manager, Glen Erwin, stated this is an interlocal agreement the City and School District entered into that would allow the City to develop the park at C.J. Harris Campus. The School has raised the money for the purchase of the equipment and they will reimburse for this expense when the City installs the equipment at the park. Page 11 of 16 - 9/11/2000 076 Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins. Voting "No" None. Motion passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2000-102 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONCRETE PAVING AT THE CITY'S FIRE TRAINING FACILITY TO IDEAL CONSTRUCTION SERVICES IN AN AMOUNT NOT TO EXCEED $29,388.00. Mr. Gordon Island, Purchasing Officer. Councilmember Beckman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2000-102. City Manager, Glen Erwin, stated this is an ongoing project between the City and the Volunteer Fire Department. In the past $50,000 a year has been allocated to improve this site. This project will extend the concrete paving to allow the trucks to be able to turn around in the training area. Mr. Erwin further stated when the training facility is complete it will be state of the art. Councilmember Owens asked why does the pricing go from $29,000 to the fourth low bid of $69,000? Purchasing Officer, Gordon Island, replied that he has not done any post bid surveys with the companies. He stated the pricing is consistent with the bids the City has received in the past. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion passed 5 to 0. COUNCIL IO FROM THE REGULAR COUNCIL MEETING HELD ON AUGUST 28, 2000. CityCouncS Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Beckman, to excuse the absence of Councilmember Woody Owens from the regular meeting held on August 28, 2000. Page 12 of 16 - 9/11/2000 Councilmember Owens gave a brief overview of the conference he attended in New Orleans. Voting "Aye" Councilmembers Beckman, Seeger, Marcott and Wilkins. Voting "No" None. Voting "Abstain" Councilmember Owens. Motion Passed 4 to 0, with 1 abstention. FIRST READING OF ORDINANCE NO. 509-486 - 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 11.423 ACRES OUT OF 27.056 ACRE TRACT, OUT OF A 48.035 ACRE TRACT OUT OF THE EASTERLY PART OF 94.243 ACRE TRACT, F.B. DRAKE SURVEY, A-1181, AND THE H. T. & B. R.R. CO. SURVEY, A-413, AS RECORDED IN VOL. 1288, PAGE 299, DEED RECORDS OF HARRIS COUNTY, TX (APPLICATION NO. 935) (3250 SOUTH SAM HOUSTON PARKWAY EAST) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF, DAVID E. BODDIE, AGENT FOR INDUSTRIAL POLYMERS CORPORATION 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. Tobin Maples, Director of Administrative Support. Councilmember Owens made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 509-486 (Application No. 935) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 935. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 5 to 0. Page 13 of 16 - 9/11/2000 FIRST READING OF ORDINANCE NO. 509-487 - 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 2.289 ACRE TRACT OF LAND IN SECTION 21, H. T. & B. R.R. CO. SURVEY, A-309, BRAZORIA CO., TX, AS RECORDED IN VOL. 2, PAGE 23, PLAT RECORDS OF BRAZORIA CO., TX (APPLICATION NO. 936) (SOUTHWEST CORNER OF BROADWAY ST AND CULLEN BLVD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF PEACOCK PROPERTIES, INC., AGENT FOR METHODIST BOARD OF MISSIONS OF HOUSTON DISTRICTS, INC., OWNER, PROVIDING FOR AN AMENDMENT OF THE LANDUSE DISTRICT MAP; CONTAINING ASAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Director of Administrative Support. Councilmember Marcott made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 509-487 (Application No. 936) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 936. Councilmember Marcott stated that he wanted to make sure that what is going on here is not going to block the extension of Cullen. Director of Administrative Services, Tobin Maples, stated when this property goes through the platting process the proper dedication of right-of-way will be required at that time. Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-488 - 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: 6 ACRES AND TRACT II: 0.216 ACRES BOTH BEING PART OF 6.62671 ACRE TRACT AND A PART OF 6.1264 ACRE Page 14 of 16 - 9/11/2000 079 TRACT, IN LOTS 5 & 6, JAMES HAMILTON SURVEY, A-881, HARRIS CO., TX, VOL. 83, PAGE 342, DEED RECORDS OF HARRIS CO., TX (APPLICATION NO. 938) (14011 SOUTH FREEWAY) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF LUCY MARIE WOODS, AGENT FOR LINDA GREESON, AGENT FOR SOUTHWAY COMMUNITY CHURCH, 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. Tobin Maples, Director of Administrative Support. Councilmember Wilkins made the motion, seconded by Councilmember Beckman, to approve Ordinance No 509-488 (Application No. 938) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 938. Mayor Reid asked if a church requires commercial zoning? Director of Administrative Services, Tobin Maples, stated there are other districts that churches can be located in. This applicant requested a commercial district because of the location near SH 288, in the event they ever wanted to sell their property. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:35 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE SECTION 551.071 - CONSULTING WITH CITY ATTORNEY REGARDING POTENTIAL LITIGATION ASSOCIATED WITH LAND USE CHANGES. Mr. Darrin Coker, City Attorney. Page 15 of 16 - 9/11/2000 MM 2. SECTION 551.071 - CONSULTING WITH CITY ATTORNEY REGARDING POTENTIAL LITIGATION ASSOCIATED WITH LAND USE CHANGES. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 11:03 p.m. COUNCIL ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING POTENTIAL LITIGATION ASSOCIATED WITH LAND USE. Mr. Darrin Coker, City Attorney. No Council action taken. COUNCIL ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING POTENTIAL LITIGATION ASSOCIATED WITH LAND USE. Mr. Darrin Coker, City Attorney. No Council action taken. Meeting was adjourned at 11:03 p.m. ADJOURNMENT Minutes approved as submitted and/or corrected this the 25" day of September, 2000. Tom Reid Mayor ATTEST: Page 16 of 16 - 9/11/2000