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2000-10-09 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 9, 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 Interim City Manager Alan Mueller City Attorney Darrin Coker City Secretary Young Lorfing Others in attendance: Manager of Administrative Support Tobin Maples; Assistant City Attorney Nghiem Doan; Assistant Police Chief Johnny Spires; City Engineer John Hargrove; Community Relations Liaison Phibi Vassallos; Director of Administrative Services Mary Hickling; Director of Finance Jim Causey; Executive Director P.E.D.C. Mike Chance; Public Works Director Jerry Burns; Police Chief J.C. Doyle; Purchasing Officer Gordon Island; Project Assistant Gene Simeon; HR Coordinator Wendy Standorf; Fire Marshal Larry Steed; Fire Chief Paul Jamison; The invocation was given by Reverend Barnett, and the Pledge of Allegiance was led by J.C. Doyle, Police Chief. Councilmember Beckman made the motion, seconded by Councilmember Owens, to approve the minutes of the September 18, 2000, Public Hearing held at 6:30 p.m., the minutes of the September 18, 2000, Special Meeting held at 6:30 p.m., the minutes of the September 25, 2000, Joint Public Hearings held at 6:30 p.m., and the minutes of the September 25, 2000, 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 25 - 10/9/2000 113 114 MAYOR'S ACTIVITY REPORT Mayor Pro -Tem Seeger presented a proclamation to Partners For Pearland proclaiming Saturday, October 28, 2000, as "Partners For Pearland Bowling For Books Bowl-A-Thon Day. Mayor Reid reported that on September 26 he met with Paul Tucker with Serna-Tech and also attended the Keep Pearland Beautiful Governor's Award Committee Meeting; September 27 he visited with Senator Graham's and Senator Hutchison's Staff; September 28 he met with the Mayor and City Manager of Alvin to discuss water issues; October 2 the Mayor attended the PEDC Monthly Meeting and the Council Workshop; October 3 he attended the AARP Monthly Meeting; October 4 Mayor Reid attended the Brazoria County Partnership Annual Meeting; October 5 the Mayor attended the Southeast Economic Development Monthly Meeting and also attended the Southeast Shriners Club Monthly Meeting; October 6 Mayor Reid attended the Arts Alliance Open House. COUNCIL ACTIVITY REPORTS Councilmember Beckman reported that on September 26 she attended a Planning Committee Meeting for the $95,000 award that Keep Pearland Beautiful won; September 27 she also attended a meeting with the representatives from Senator Gramm's and Senator Kay Bailey Hutchison's Office; September 30 she attended the West Lea Subdivision Annual Picnic; October 3 Councilmember Beckman attended the AARP Monthly Meeting; October4 she attended the Brazoria County Partnership Annual Meeting; October 5 she attended the Hike and Bike Committee Meeting and also attended the Pearland Independent School District groundbreaking ceremony for a new school. Councilmember Owens reports on September 27 he also attended the meeting with the representatives from the Senator's Offices; He gave a brief overview of the Christian Helping Hands Board Meeting; He advised that on November 181h there will be a harvest food drive at the Lions Club; he also participated in the Cancer 5k walk. Councilmember Seeger reported he attended the West Lea block party and enjoyed meeting the citizens. Councilmember Marcott reported he also attended the West Lea picnic; he also attended the meeting with Senator Gramm and Senator Hutchison's Staff; He attended the Brazoria Partnership Annual Meeting; he took a couple of his granddaughters to the Kid's Fish Fest and tried to catch catfish but they didn't; he thanked the Interim City Manager, Alan Mueller, for all the information that is being provided to Council. Page 2 of 25 - 10/9/2000 115 Councilmember Wilkins passed on giving a report. CITY MANAGER'S REPORT Interim City Manager, Alan Mueller, reported the Fish Fest was well attended with 250 participants, less than last year's. Eight-year-old Nick Pounds won the contest for longest fish, 27 yh inches, and fourteen -year-old Jonathan Aberry caught the heaviest fish weighing 6 pounds. 200 fish were caught and the remaining fish will be caught and taken to Centennial Park. He also announced that Saturday, October 14, 2000, will be the annual Meet The City Festival from 10:00 a.m. until 2:00 p.m. The McLean bridge was opened ten days ago and was closed for only two and a half weeks for renovation. The Harkey sewer line that comes out of the Southwest Environmental Center is under construction. He further reported that bids were opened last Thursday for the Fite/Harkey sewer line project. He also reported that the recent computer problems with the utility billing system are being corrected. CITIZENS The concerned citizens listed below signed a speaker request form to address Council regarding their opposition to Chemcentral: Rosemary Bruner, 5510 Cunningham; Esmeralda Galvan, 12414 Garden Rd.; Sandra Schaefer, 12611 Garden Rd.; Melissa J. Wentz, 1509 Woody Rd.; Carmen Umana, 6626 Scott Ln.; Aide and Jose Alvarez, 6626 Scott Ln.; Dana Friedel, 5116 Frances; Jackie Warner, 4626 Orange Circle; Paula Burleson, 3713 Helen; Karen Kowalik, 4010 Spring Branch; Charlotte Gonsoulin, 12802 Garden Rd.; Rick Ellis, 13803 N. Hatfield; Christi Schwarz, 3007 Lochman. Rachel Boughter, 2202 Cedar, addressed Council and stated she has not received any reply from Mayor Reid but has from the Mayor of Brookside, George Carter and T.N.R.C.C. She stated that last month she was impressed by the fact that Mayor Reid took notes on what they had to say, however, she is waiting for a reply. Ms. Boughter asked if she will be receiving any kind of reply regarding any feedback. She stated she used to work for an environmental firm here in Texas, and knows about soil samples and permits. She also stated that she is a registered nurse and currently works in Pasadena. She stated she is not pleased with the sight and smells she has to deal with on a daily basis in Pasadena. She expressed her concerns regarding what Pearland has done to protect the water system. She also inquired if soil samples have been taken and what kind of chemicals will be stored at CHEMCENTRAL. CHEMCENTRAL will have to provide a Risk Management program to the City and to the governmental agency that regulates them. The program will be very detailed with information regarding spills, leaks, clean up, etc. It will be very detailed, including how they will train their staff, their education and anything from fire to Page 3 of 25 - 10/9/2000 1]6 ambulances. She further stated that while our fire department is good, it is volunteer and they are not trained to respond to that kind of danger. The City does not have a vehicle to respond to that kind of hazard and the nearest one is thirty minutes away. In closing, she stated she feels this all was done behind everyone's back. She wants to know when they will all know what is going on? Eddie Mowsees, 3524 Charles, addressed Council and stated he is not real informed about the CHEMCENTRAL issue other than what he has seen on televison a few weeks ago. His biggest concern is what he read in a paragraph in one of the City's quarterly newsletters about progress and that the City goes out and solicits businesses. It stated in the article that the City does not or will not solicit smoke stack type industries but he says it appears that this is heading in that direction. He asked about a company that has been here for a while that exploded about fifteen years ago, leveling the project. It was rebuilt and recently the company expanded on that property. He further stated he had heard that Mykawa road would be expanded to five lanes in the future. If this happens how would traffic be handled if big trucks will be traveling up and down this road? In closing, he stated it is hazardous for the citizens to put up with this kind of traffic. Ana -Maria Harris, 5220 Shelton, addressed Council and stated she lives two and a half miles from the site and about two miles from the incinerator which the citizens spent 5-7 years fighting. She further stated she thought she had seen the end of having chemical dangers here. Ms. Harris stated she is an environmentalist and is opposed to companies like this on the planet, much less here in Pearland. The building of homes costing $100, 000 and $200,000 are going up everywhere and allowing this is going to bring down the property cost of their home. In closing, she stated she will fight with everything she has to prevent this company coming here. Matthew Levine, 4915 Lochman Lane, addressed Council and stated that he admits he is not really prepared to address this but he just heard about it. He has been here for two years and feels cheated by the City and CHEMCENTRAL for not telling the public about this. He also feels that alone is grounds for a lawsuit but if not he personally will not stand for any negative change in the air or water quality. Mr. Levine stated he has a two-year-old daughter and plans to live here for a while. If CHEMCENTRAL moves here, he and other neighbors are planning to hire a toxicologist to take air and ground water samples within the nearest neighborhood and around CHEMCENTRAL. That way they will have evidence of before and after the company comes here, even if they have to videotape the whole thing they will. He hopes after that he will be more prepared, maybe with legal counsel too. Barbara Eckenfels, 5512 Cunningham, addressed Council and stated that CHEMCENTRAL is proposed to be built 1.8 miles from her home. She and most of her Page 4 of 25 - 10/9/2000 117 neighbors are upset about this. Ms. Eckenfels stated she has statistics about everything that could possibly go wrong, water contamination, soil contamination, explosions and fires. But most importantly the increase inorganic contaminates in the air. She quoted from the American Lung Association, "The quality of air we breathe both indoor and outdoor has a great impact on lung health. Fragile lung tissue is easily damaged by pollutants in the air, resulting in increased risk of asthma, allergies, chronic bronchitis, lung cancer and other lung diseases. Houston, Brazoria County and Galveston County are fifth in the nation for dirty air." She also stated that polluted air results in cancer, poisoning and rapid onset of sickness and other less sicknesses that we probably suffer from and don't know why and it's because we live around here. Other problems that may arise are neurological, reproductive, developmental, immunological and lung problems. These toxins can spread into soil by drainage areas and lakes. There are more than 2.2 million Texans that suffer from lung disease including lung cancer and asthma. It is responsible for more than 26,000 deaths annually in Texas, more than cocaine, heroin, alcohol abuse, auto accidents, suicide and homicides combined. Lung diseases are on the rise and growing faster than any other major disease. More than 1 million Texans suffer from asthma and more than one-third are children. Asthma affects more children than any other chronic disease and is the leading cause, in students under sixteen, for missing school and 673,000 adults suffer from asthma in Texas and 401,000 children suffer as well. CHEMCENTRAL is less than two miles from Jamison Middle School, Lawhon Elementary and the Brookside community and citizens on the West side of town. She also stated the chemicals that CHEMCENTRAL is allowed to have are deadly. She further stated Councilmembers are the guardians of the City and they have failed to protect everyone. She stated that at the meeting on September 19'h a man from CHEMCENTRAL stated, "As you know Pearland, along with the P.E.D.C., made a very aggressive approach by offering tax incentives, location and funds to assist in a rail spur. So based on that they decided to come to Pearland." She also stated that he forgot to mention that his real estate company sent letters to Pearland to try to come here. Susan Fowler, 4809 Comal, addressed Council and stated that CHEMCENTRAL will be built on her actual street. She feels the community is being ignored and City officials are not doing their job. No answers have been made and no phone calls have been returned and she is so upset that she has filed a complaint with the District Attorney's Office in Brazoria County as well as the State Attorney Generals Office to file a formal request to investigate the City for abuse of power. She is also at the point where she would like to call for a special election to remove the Mayor from office. She reported that the attorney went to the P.E.D.C. Meeting and told them instead of giving them more information, like they are asking for, to just hold a formal meeting once a year to tell the citizens what kind of businesses it will be bringing into our city. Ms Fowler stated she has signed a petition to have an election to repeal the people on the P.E.D.C. She wants to take away the power for them to attract chemical companies to Pearland and feels that if no one listens they should be disbanded. She addressed the elementary school that will have to be evacuated if anything happens. The classes are already crowded and a sole teacher is Page 5 of 25 - 10/9/2000 118 responsible for her and the student's safety. CHEMCENTRAL is located 40 feet above their ground water. That is the water that runs to many citizens homes on the West side of town and if gets contaminated, what will they tell them? Tax dollars are being spent to clean up five of CHEMCENTRAL's sites and they have 25 sites in all. She also stated she feels this company goes to places and ruins them and that is why they want this city, so they can mess up our city. Ms. Fowler stated that no one has answered her question about if our fire department can handle this kind of possible danger? In Washington, barrels caught on fire and the barrels began exploding and landing a thousand feet from the property. These barrels contained chemicals and she doesn't even live a thousand feet from the property. CHEMCENTRAL is not required to tell the citizens what kind of chemicals will be cleaned out of the barrels, only afterwards they are required to tell the citizens. In closing, she stated she feels they are lying to the City. Kerrie Hlavaty, 5805 Brookside, addressed Council and stated that she has lived here nine years and is terribly distressed about the process the Pearland Economic Development Corporation goes through to lure these companies to this area. Pearland citizens and Brookside citizens do not want this company in Pearland. She further stated they all support Pearland by buying here but they will not support Councilmembers not informing the citizens. They understand why CHEMCENTRAL didn't inform them but not why the City didn't. She asked if any of the Council live within a mile of the site, or if they have children or grandchildren that live near the proposed site or attend the nearby schools? She then asked if any of them have pregnant daughters or granddaughters that live close to that site? Ms. Hlavaty states that they all have better things to do with their time and feels Mayor Reid implied that he had better things to do than listen to them speak at the last meeting. She stated she is annoyed that they have to fight this. They all elected the Councilmembers and they are not helping the way they should. She stated she wants an election to get rid of the 1/2 cent tax because they are charging Pearland consumers to make the land hazardous. She thinks the Councilmembers want an unhealthy community. She also is mad about the company getting a tax break for seven years when the citizens don't ever get one. In closing, she asks Council put this issue before the voters. Jia-Yi Cheng -Levine, 4915 Lochman, addressed Council and stated she is shocked about this. She teaches at the University of Houston -Downtown and she has learned that when the environment is polluted, the woman's body is the first to go. When water is polluted, women give birth to no -brain babies. Ms. Levine stated that they are talking about the Chemical plant bringing in jobs, but that the money it brings in will not be enough to cover the medical expenses. She also stated that five years down the line this plant could lead to women getting breast cancer, having babies with disabilities or for her daughter to end up with cancer. In closing, she felt she had to speak about what she knows. Charles Champion, 2117 Linda Lane, addressed Council and stated, he moved here about a year ago. He stated they are asking for the Councilmembers help to get this CHEMCENTRAL out of Pearland. He gave a brief overview of a spill that took 21 years Page 6 of 25 - 10/9/2000 119 to clean up. In closing, he asked for the Councilmembers help in preventing CHEMCENTRAL from moving to Pearland? Charles McMurray, 5209 Spring Branch Drive, addressed Council regarding the Pearland Economic Development Corporation. If the economy is doing so good, wily should tax money be spent to recruit and move in businesses. He stated that the government will help private industries and the idea of that is flawed. He does not want the PEDC to take the tax money and spend it to get industries to come here. He stated he did not move to Pearland because of tax rates or business, but because it's a nice city. He wants to stop the Pearland Economic Development Corporation by allowing everyone to vote on having an Economic Development Corporation or not. Francis Jamison, 2417 E. Broadway, addressed Council and gave a brief overview of a newspaper article regarding an incident that happened in Old Ocean at a plant. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION -SECOND AND FINAL READING OF ORDINANCE NO. 988 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF A TWO-INCH (2") WATER LINE AND METER BOX INTO THE CITY'S RIGHT-OF- WAY LOCATED ALONG BROADWAY STREET WEST OF STATE HIGHWAY 288, IN THE CITY OF PEARLAND. Mr. John Hargrove, City Engineer. Councilmember Beckman made the motion, seconded by Councilmember Owens, to adopt the Consent Agenda Item A on its second and final reading. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA None. NEW BUSINESS FIRST AND ONLY READING OF ORDINANCE NO. 990 -AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE Page 7 of 25 - 10/9/2000 120 CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (NORTHEAST OF CLEAR CREEK AND SOUTHWEST OF EL FRANCO LEE COUNTY PARK) AT THE REQUEST OF THE OWNERS, T & B ALEXANDER FAMILY LIMITED PARTNERSHIP, L.P., BARTLETT PROPERTIES, INC., AND PATRICIA A. WOOD; APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY BECAUSE THE NEEDTO FIXAND EXTEND THE BOUNDARIES OFTHE CITY INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Tobin Maples, Manager of Administrative Support. Councilmember Owens made the motion, seconded by Mayor Pro -Tem Seeger, to approve Ordinance No. 990 on its first and only reading. Interim City Manager, Alan Mueller, stated this is a voluntary annexation that was requested by the property owners and have been through the two required hearings and the associated notices for this annexation. The owners of the property have requested that this ordinance be adopted on a once and only reading and that is how it is presented this evening. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 509-489 - 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: 527.062 ACRES OUT OF THE D.H.M. HUNTER SURVEY, A-76, BRAZORIA COUNTY, A-36, HARRIS COUNTY, AND THE H. T. & B. R.R. COMPANY SURVEY, A-233, PEARLAND, BRAZORIAAND HARRIS COUNTY TEXAS; TRACT II: 15.755 ACRES OUT OF LOTS 30, 31, 32, 39 AND 40, WALCOTT'S PEARLAND SUBDIVISION, ACCORDING TO THE PLAT THEREOF FILED IN VOLUME 35, PAGE 241 & 242, BRAZORIA COUNTY DEED RECORDS, D.H.M. HUNTER SURVEY, A-76, PEARLAND, BRAZORIA COUNTY, TEXAS TRACT III: 6.000 ACRES OUT OF LOTS 42 & 43, WALCOTT'S PEARLAND SUBDIVISION, ACCORDING TO THE PLAT THEREOF FILED IN VOLUME. 35, PAGE 241 & 242, BRAZORIA COUNTY DEED RECORDS, D.H.M. HUNTER SURVEY, A-76, PEARLAND, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 947) FROM CLASSIFICATION SUBURBAN DEVELOPMENT RESIDENTIAL DISTRICT (SDR) TO PLANNED UNIT DEVELOPMENT (PUD) FOR A MASTER PLANNED COMMUNITY Page 8 of 25 - 10/9/2000 .121 CONSISTING OF COMMERCIAL, RESIDENTIAL, OPEN SPACE AND GOLF COURSE AT THE REQUEST THOMAS P. ALEXANDER, JR./CITY OF PEARLAND AGENT FOR DAN OLSON OF BEAZER HOMES TEXAS, L.P. 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; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE LAND USE INURES TO THE BENEFIT OFTHE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Tobin Maples, Manager of Administrative Support. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Owens, to approve Ordinance No. 509-489 (Application No. 947) on its first and only reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 947. Interim City Manager, Alan Mueller, stated this is a (PUD) Planned Unit Development zoning associated with the Fairways of Highland Glen, the Beazer Development on Pearland Parkway. The owners of the property have also requested that this ordinance be adopted on a once and only reading, as with the previous ordinance. Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2000-116 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, GRANTING CONSENT TO THE CREATION OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 23. Mr. Darrin Coker, City Attorney. Councilmember Marcott made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2000-116 contingent upon getting all of the signatures needed for the petition. Interim City Manager, Alan Mueller, stated this related to the same project as previously considered. The boundaries are the same as the (PUD) Planned Unit Development. This is the standard consent agreement that has been used with other in -city municipal utility districts. Page 9 of 25 - 10/9/2000 122 City Attorney, Darrin Coker stated that a few more signatures are needed on the petition and asked that Council amend the motion to state that the approval of Resolution No. R2000-116 is contingent on receiving all the necessary signatures on the creation petition. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2300-114 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN EARNEST MONEY CONTRACT WITH BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO, 23, A CONSERVATION AND RECLAMATION DISTRICT AND POLITICAL SUBDIVISION OF THE STATE OF TEXAS, TO BE CREATED BY THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION, FOR THE PURCHASE OF REAL PROPERTY SITUATED IN THE CITY OF PEARLAND. Mr. Darrin Coker, City Attorney. Councilmember Wilkins made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2000-114, contingent to the City getting a second appraisal. Interim City Manager, Alan Mueller, stated the property under consideration with the earnest money contract is a 15.7 acre tract that is part of the David L. Smith site. Once Pearland Parkway is built, it would be severed from the main body of the property that the City owns. This property will be transferred to MUD 23 for a fair market value to be used for detention and golf purposes. Mayor Pro -Tem Seeger stated that the appraisal that was used was an appraisal for Beazer and he would like to see the City get our own appraisal. City Attorney, Darrin Coker, gave Council an overview of the agreement regarding the appraisal and fair market value of the property. Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2000-113 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A GOLF COURSE EASEMENT WITH COLLEGIATE CLUBS, L.L.C. Mr. Darrin Coker, City Attorney. Page 10 of 25 - 10/9/2000 r Councilmember Beckman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2000-113. Interim City Manager, Alan Mueller, stated this easement covers the same 15.7 acres that were discussed in the previous item. This is an easement that will be put in place during the interim. It is actually a perpetual easement in order to effectuate the transfer of properties. The actual transfer of property will not take place under the earnest money contract until the MUD is actually formed. What this does is actually get the easement in place on the property so that the golf course developer has the assurance that the property can be used for the purposes that have been discussed in the development agreement. Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2000-115 - 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 BEAZER HOMES TEXAS, L.P., FOR THE PLACEMENT OF FILL DIRT REMOVED FROM CERTAIN LAND OWNED BY THE CITY. Mr..Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Councilmember Marcott, to approve Resolution No. R2000-115, contingent upon the changes Council has requested. Interim City Manager, Alan Mueller, gave a brief history of the City purchasing the David L. Smith site for the purpose of building regional detention. He further explained how at various times the City has tried to market the dirt in order -to get the holes dug. Mr. Mueller further explained in detail how the bid will be set up. Councilmember Owens stated that his only concern is the City coming in and doing the grading, compacting and spotting on the Beazer property and that is going to be an increase in cost. He further stated in order to reach the density there may be additional cost to reach that density that is required for the fill. When this is bid out, he would like to see that there is a bid item for the placement and compaction as a separate bid item and see that Beazer pays for those items. He also expressed his concerns regarding foul weather and the schedule that Beazer may have. Mayor Pro -Tem Seeger stated he agrees with Councilmember Owens. He also inclined to go with Plan 'B" because it is about 430,000 cubic feet of dirt, which is a lot of truck loads of dirt that has to go through, which is also a lot of truck traffic on the roads. He said he would like for Staff to find a way to work with Beazer on this. Page 11 of 25 - 10/9/2000 123 124 Mayor Reid stated that with Beazer it would be a short haul. Councilmember Marcott stated he concurs with that as well. Dan Olsen, Beazer Homes, addressed Council and stated he also thinks Plan "B will be the best. He stated that in regards to the compaction Beazer will give the City a letter stating they are satisfied with the dirt as far as compaction. Additional discussion ensued between Council and Mr. Olsen regarding the moving and compaction of the dirt, Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2000-107 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH BRAZORIA COUNTY FOR CONSTRUCTION, IMPROVEMENT, MAINTENANCE, OR REPAIR OF STREETS OR ALLEYS WITHIN THE CITY LIMITS OF PEARLAND. Mr. Darrin Coker, City Attorney. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Marcott, to approve Resolution No. R2000-107. Interim City Manager, Alan Mueller, stated this is an annual contract that the City has with Brazoria County. They provide the labor and equipment and the City provides the material for the overlay and rehabilitation projects on City streets. Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2000-108 - A RESOLUTION OF THE CITY COUNCIL OFTHE CITYOF PEARLAND, TEXAS, WAIVING PENALTY, INTEREST, AND ATTORNEY'S FEES ON THE SAME ACCOUNTS UPON WHICH THE BRAZORIA COUNTY .COMMISSIONERS COURT WAIVED SUCH PENALTY, INTEREST, AND ATTORNEY'S FEES, PROVIDED THAT THE TOTAL AMOUNT WAIVED DOES NOT Page 12 of 25 - 10/9/2000 125 EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) PER INDIVIDUAL ACCOUNT. Mr. Darrin Coker, City Attorney. Councilmember Marcott made the motion, seconded by Councilmember Owens, to approve Resolution No. R2000-108. Interim City Manager, Alan Mueller, stated this resolution refers to the Texas Property Tax Code Section 33.011, when the tax collection office has made an error that causes a taxpayer to be in a penalty and interest situation and then when they pay their taxes and the penalty and interest is under $500 the amount is waived. This is a blanket waiver of that penalty and interest provision. If the penalty and interest are more than $500 those waivers will be presented to Council for consideration and acted on individually. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2000-109 - A RESOLUTION OF THE CITY COUNCIL OFTHE CITYOF PEARLAND, TEXAS, APPROVING THEAUCTION SALE OF TRACT 7A, BLOCK 1, ABSTRACT 0237, H. T. & B. R. R. CO. SURVEY, TO HILDA GONZALES FOR THE BID AMOUNT OF $6,000.00. Mr. Darrin Coker, City Attorney. This item was passed, no Council action taken. COUNCIL ACTION - RESOLUTION NO. R2000-110 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING ONE (1) REPRESENTATIVE AND ONE (1) ALTERNATE TO THE HOUSTON-GALVESTON AREA COUNCIL 2001 GENERAL ASSEMBLY. Mayor Reid. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Seeger, to approve Resolution No. R2000-110 appointing Mayor Reid as representative and Councilmember Marcott as alternate representative. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 5 to 0 COUNCIL ACTION - RESOLUTION NO. R2000-111- A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF PEARLAND, TEXAS, APPROVING BID NO. B2000-001 FOR THE PURCHASE OF POLICE AND FIRE VEHICLES AND AUTHORIZING THE CITY Page 13 of 25 - 10/9/2000 tZ6 MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR SAID PURCHASE. Mr. Gordon Island, Purchasing Officer. Councilmember Beckman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2000-111. Interim City Manager, Alan Mueller, stated these are all budgeted items in the current fiscal year and all came in under the budgeted amount. Purchasing Officer, Gordon Island, gave a brief presentation regarding the purchase of the vehicles. Councilmember Marcott asked if there is additional money that has to be spent on these vehicles once they arrive? Mr. Island stated there are extra emergency equipment and radios that are installed in the vehicles after they arrive. He also stated the specifications of the vehicles do meet the requirements as established by the departments. Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2000-112 - A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF PEARLAND, TEXAS, APPROVING BID NO. B2000-002 FOR THE PURCHASE OF TWO FIRE VEHICLES AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR SAID PURCHASE. Mr. Gordon Island, Purchasing Officer. Councilmember Owens made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2000-112. Interim City Manager, Alan Mueller, stated the question on this topic is whether the City should order both vehicles at this time or order one vehicle now and the second one later. The issue surrounding this is, should this be funded with the cash on hand or with a combination of cash and financing for the two vehicles. He further stated the Quint is approximately $533,000 the pumper about $300,000. As of now the City has $300,000 that has been set aside for the purchase of fire vehicles. That has been done by setting $150,000 aside a year in the capital projects fund. If the trucks are ordered now, they will be delivered close to next fiscal year. Staff is recommending that the two vehicles be ordered, pay down $450,000 toward the total that will be due, then finance the remaining Page 14 of 25 - 10/9/2000 127 portion and setup the financing payments over a four or five-year period by continuing the $150,000 year set-aside until the balance of the trucks are paid off. Fire Chief, Paul Jamison, addressed Council and stated according to the ISO consultant the City had an immediate need for two additional fire trucks and due to the needs on the west side of town we are already behind. By waiting to purchase the second fire truck the City will be expending additional money, approximately $50,000, because the cost of the fire equipment is always going up. Chief Jamison gave a brief overview of the needs of the fire department. In closing, the Chief stated that it is the opinion of the fire department that both pieces of equipment are needed. Councilmember Owens discussed the specifications of the aerial truck with Chief Jamison and the financing with Mr. Mueller. Additional discussion ensued between Council and Staff regarding the current fire equipment and the need for new fire equipment and financing. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION RESOLUTION NO. R2000-117 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING STORM DRAINAGE DESIGN CRITERIA FOR DRAINAGE IMPROVEMENTS CONSTRUCTED WITHIN THE CITY AND ITS EXTRATERRITORIAL JURISDICTION. Mr. John Hargrove, City Engineer. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Owens, to approve Resolution No. R2000-117. Interim City Manager, Alan Mueller, stated this is the criteria manual that the City discussed with the Drainage District at the two meetings. This is the version the City and District engineers came to agreement upon. Mr. Mueller also stated that this is a big milestone that the City and Brazoria Drainage District No. 4 has worked on together and agreed on the criteria manual. City Engineer, John Hargrove, stated that copies of the manual are available for sale to the public. He further stated that the City and the Brazoria Drainage District No. 4 are in total agreement on administrative issues. Page 15 of 25 - 10/9/2000 128 Councilmember Marcott stated that he would like the City to continue the work session that the City has had with the Brazoria Drainage District No. 4 on a quarterly basis or whatever basis is necessary. Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 532-3 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 532, THE FLOOD HAZARD PREVENTION ORDINANCE, FOR THE PURPOSE OF REQUIRING MITIGATION WITHIN THE 100 -YEAR FLOODPLAIN; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY, AS THE PROVISION OF NATIONAL FLOOD INSURANCE BEARS DIRECTLY UPON THE HEALTH, SAFETY, AND WELFARE OF PEARLAND CITIZENS. Mr. John Hargrove, City Engineer. Councilmember Marcott made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 532-3 on its first and only reading. Interim City Manager, Alan Mueller, stated that this is part two of the City's discussions with Brazoria Drainage District No. 4. This is the revision to the ordinance which will now require mitigation to fill in the floodplain. It is important to note that developments that are ongoing, and in the middle of development and were permitted under previous criteria, will develop under such criteria. Any new development will be regulated by this amendment to the ordinance. Councilmember Owens and City Engineer, John Hargrove, briefly discussed flood mitigation. Councilmember Marcott and City Engineer, John Hargrove, discussed someone wanting fill-in on their property to build it up and the ordinance that is currently in effect. They will have to mitigate the effects of the fill. Additional discussion ensued between Council and Staff regarding mitigation, flooding, and subsidence. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman. Voting "No" None. Page 16 of 25 - 10/9/2000 Motion Passed 5 to 0. 129 FIRST READING OF ORDINANCE NO. 450-26 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 450AS THE SAME MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, FOR THE PURPOSE OF ESTABLISHING AND REESTABLISHING CLASSIFICATIONS AND NUMBER OF AUTHORIZED POSITIONS IN THE CLASSIFIED SERVICE OF THE CITY OF PEARLAND, PU RSUANT TO SECTION 143.021 OF THE LOCAL GOVERNMENT CODE OF THE STATE OF TEXAS; PROVIDING A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A REPEALER CLAUSE, AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Mr. J.C. Doyle, Police Chief. Councilmember Wilkins made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 450-26 on its first reading. Interim City Manager, Alan Mueller, stated this is a procedural ordinance that the City does annually to comply with the civil service statutes. The two changes this year are that one position of Corporal was added and then pay scales have been amended to reflect 4% that has been enacted through the budget. Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins. Voting "No" None. Motion passed 5 to 0. FIRST READING OF ORDINANCE NO.870-3-AN ORDINANCE OFTHE CITYCOUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING CHARGES FOR WATER AND SEWER SERVICES FURNISHED BY THE CITY, AS PROVIDED IN CHAPTER 30, ARTICLE II, SECTION 30-38OFTHE CODE OFORDINANCES; REPEALING PREVIOUS WATER AND SEWER SERVICE RATE SCHEDULES; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION, AND AN EFFECTIVE DATE. Mr. Jim Causey, Finance Director. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Seeger, to approve Ordinance No. 870-3 on its first reading. Interim City Manager, Alan Mueller, stated this is an ordinance to enact the rate increase that was discussed during the budget process and was supported by the water and sewer rate study. Page 17 of 25 - 10/9/2000 Councilmember Owens stated that we have had rate increases the last two years. What are we looking at next year? Interim City Manager, Alan Mueller, stated that it is hard to predict things far in advance. The rate study does show this rate is good until 2004, based on all the assumptions and the projects that are in the study. Councilmember Owens asked if they can hold him to that? Interim City Manager, Alan Mueller, stated as long as the City adopts budgets that are exactly the same amount as what the rate study recommends and the water and sewer revenues are exactly what the rate study recommends, he can be held to the statement that the water and sewer should be good until 2004. Mayor Pro -Tem Seeger stated it is important to note that this rate is what is necessary to maintain our systems so that the City does not get into the problem we had before with the T.N.R.C.C. Councilmember Owens stated that he hopes the next time the City gets a report, the justification on the increase of rates will not be because the City is the lowest of the surrounding cities. Interim City Manager, Alan Mueller, stated that he agrees and the comparison of water and sewer rates of other cities was provided for information only. The study was not based on how high the City can go. The study was based on the actual needs of the City. Additional discussion ensued between Council and Staff regarding the rates and a brief overview of the enterprise fund. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion passed 5 to 0. FIRST READING ORDINANCE NO. 989 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING A MUNICIPAL COURT TECHNOLOGY FUND; PROVIDING FOR THE ASSESSMENT AND COLLECTION OF A MUNICIPAL COURT TECHNOLOGY FEE; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE, AN EXPIRATION DATE, AND FOR PUBLICATION. Mrs. Mary Hickting, Director of Administrative Services. Page 18 of 25 - 10/9/2000 Councilmember Owens made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 989 on its first reading. Interim City Manager, Alan.Mueller, stated this is an additional court fee of $3.75 per conviction the City can charge for a technology fund. This fund will be similar to the security fund and will fund computers and technological equipment. Councilmember Marcott asked if it will generate enough funding to buy the equipment the court is needing? Interim City Manager, Alan Mueller, stated that everything is funded through the general fund now. This will enhance the court's ability to buy equipment that the court needs. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman. Voting "No" None. Motion passed 5 to 0. COUNCIL ACTION - APPOINTMENT OF PROPOSED STEERING COMMITTEE MEMBERS - CULLEN BOULEVARD LAND USE AND ZONING STUDY. Mr. Tobin Maples, Manager of Administrative Support. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Owens, to appoint the following individuals to serve as Committee Members on the Steering Committee - Cullen Blvd. Land Use & Zoning Study: 1. Two (2) members: 2. Robert Melinder. 3. Carolyn Wenger: 4. Joe McWhorter: 5. Mrs. Emma Vaughn: 6. Pat Pounds: 7. Carole Alford: 8. Brent Durett: 9. Kevin Cole: 10. Katie Urbanek: 11. Gil Allison: 12. Matt Zepeda: 13. Danny Perkins: Planning and Zoning Commission Cullen Blvd. homeowner Cullen Blvd. homeowner Cullen Blvd. homeowner & VP of an HOA in the area Cullen Blvd. homeowner Cullen Blvd. Business owner Cullen Blvd. Business owner Cullen Blvd. Business owner Former City Councilmember and current head of the Chamber's Business Development Committee Cullen Blvd. Business owner Cullen Blvd. Business owner and Brookside City Councilmember Justice of the Peace City Planner within the private sector Page 19 of 25 - 10/9/2000 13t I3Z Interim City Manager, Alan Mueller, stated that after the City and Chamber put together their list the total number for the committee is 14. Mayor Pro -Tem Seeger stated he feels the list still needs to be reviewed. It is weighted pretty heavy to the side of business and it needs to be balanced, as equal as possible, with business and homeowners. Councilmember Marcott asked if all these people have been contacted? Manager of Administrative Support, Tobin Maples, stated that the list of prospective members provided by the City have not been contacted. Additional discussion ensued between Council and Staff regarding the Cullen area and the makeup of the members on the steering committee and whether more time to consider the members is necessary or should the committee proceed. Voting "Aye" Councilmembers Marcott, Owens, and Beckman, Voting "No" Councilmembers Seeger and Wilkins. Motion passed 3 to 2. FIRST READING OF ORDINANCE NO. 509-490 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 8.8585 ACRES, H. T. & S. R.R. CO. SURVEY, SECTION 19, A-243, BRAZORIA COUNTY, TEXAS AND BEING OUT OF AND A PART OF LOT 9 OF THE ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 4 PAGE 23 & 24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 941)(CULLEN BOULEVARD @ HUGHES RANCH ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF PARADISE CEMETERY SOUTH, 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, Manager of Administrative Support. Councilmember Marcott made the motion, seconded by Councilmember Owens, to approve Ordinance No. 509-490 (Application No. 941) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 941. Page 20 of 25 - 10/9/2000 133 Councilmember Owens asked if the Council could have more information from the Planning and Zoning Commission when they have a 4-3 vote? Manager of Administrative Support, Tobin Maples, stated that more information will be provided in the minutes when there are "Nay" votes by the Planning and Zoning Commission. Councilmember Marcott questioned why the draft minutes of the Planning and Zoning Commission stated that this area is going to be used as a business park? Mr. Maples said possibly the term, "business park' is not correct and was used in the minutes in error. Mr. Mueller stated from the public hearing and application it is always referred to as a business office for the cemetery and not a business park. Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-491 - 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 TELECOMMUNICATIONS TOWER ON THE FOLLOWING PROPERTY, BEING THE SOUTH 1/2 OF LOT 29, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 9, H. T. & B. R.R. CO. SURVEY, A-234, BRAZORIA COUNTY, TEXAS (SPECIFIC USE NO. 90) (2521 MAX ROAD)FROM CLASSIFICATION GENERAL BUSINESS - SPECIFIC USE (GB -S) FOR A HOME TO GENERAL BUSINESS DISTRICT -SPECIFIC USE -SPECIFIC USE (GB -S -S) FOR A SPECIFIC USE PERMIT FOR A TELECOMMUNICATIONS TOWER AT THE REQUEST OF MARK SUBER, AGENT FOR LOYE & MARY YOUNG, 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. Tobin Maples, Manager of Administrative Support. Councilmember Wilkins made the motion, seconded by Councilmember Owens, to table Ordinance No. 509-491. Page 21 of 25 - 10/9/2000 134 Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Specific Use No. 90. Lengthy discussion ensued between Council and Staff regarding a telecommunication tower being erected at this location. Staff also gave Council an overview of the various conditions that the applicant has met in order to erect the tower. After the discussion, Council tabled Ordinance No. 509-491 to obtain more information in orderto make a better decision. Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-492 - 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 .7868 ACRES OF LAND OUT OF AND PART OF THE COMMERCIAL RESERVE IN BLOCK 12, WEST LEA SUBDIVISION, SECTION 2, ACCORDING TO VOLUME 11, PAGE 69 AND VOLUME 12, PAGE 23, BOTH OF PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 939) (MANVEL ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-1) AT THE REQUEST OF GLEN R. JONES, 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, Manager of Administrative Support. Councilmember Beckman made the motion, seconded by Councilmember Owens, to approve Ordinance No. 509-492 (Application No. 939) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 939. Councilmember Marcott asked Mr. Maples if the applicant has requested additional information regarding the land use surrounding this property? Mr. Maples stated that he has not been contacted or aware of Staff being contacted regarding additional information. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, Owens, and Beckman. Page 22 of 25 - 10/9/2000 Voting "No" None. Motion Passed 5 to 0. 13-5 FIRST READING OF ORDINANCE NO. 509-493 - 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 SOUTH ''Y2 OF THE NORTH Y2 OF LOT 2, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 20, H.T.& B. R.R. CO. SURVEY, A-506, PAGE 2 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS; ALSO KNOWN AS TRACT 2B (APPLICATION NO. 944) (SOHO DRIVE) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-1) AT THE REQUEST OF DAVID P. AND KIMBERLY A. NORTHUP, 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. Tobin Maples, Manager of Administrative Support. Councilmember Owens made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 509-493 (Application No. 944) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 944. Voting "Aye" Councilmembers Beckman, Owens, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION TO CITY COUNCILTO DENY (APPLICATION NO. 943) AT THE REQUEST OF MARIA DE VIVEIROS & EVANGELOS GOLFIS, OWNERS, FOR AN AMENDMENTTOTHE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF SAID CITY FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) ON THE FOLLOWING DESCRIBED PROPERTY BEING 4.979 ACRES, BLOCKS 76 & 77, FIGLAND ORCHARD SUBDIVISION NO. 1, OUT OF SECTION 13, H.T.& B. R.R. CO. SURVEY, A-240, BRAZORIA COUNTY, TEXAS, ACCORDING TO MAP OR PLAT FIGLAND ORCHARD SUBDIVISION OF RECORD IN VOLUME 3, PAGE 77, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (2942 WAGONTRAIL ROAD). Mr. Tobin Maples, Manager of Administrative Support. Page 23 of 25 - 10/9/2000 136 Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Owens, to accept the recommendation of the Planning and Zoning Commission to deny Application No. 943. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to deny (Application 943). Voting "Aye" Councilmembers Wilkins, Seeger, Owens, and Beckman. Voting "No" Councilmember Marcott. Motion Passed 4 to 1. COUNCIL ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO. 945) AT THE REQUEST OF PAUL BRENT DURRETT, OWNER, FOR AN AMENDMENTTO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF SAID CITY FROM SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) ON THE FOLLOWING DESCRIBED PROPERTY BEING TRACT I; A4.9990ACRE PARCEL, THE NORTH 1/20F LOT 2; TRACT II; A 5.1091 ACRE TRACT, THE SOUTH 1/z OF LOT 2, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, H.T.& B. R. R. CO. SURVEY, A-243, VOLUME. 2, PAGE 23 & 24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (431 CULLEN BOULEVARD). Mr. Tobin Maples, Manager of Administrative Support. Councilmember Owens made the motion, seconded by Councilmember Marcott, to table the recommendation of the Planning and Zoning Commission to deny Application No. 945. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to deny (Application 945). Councilmember Marcott stated he is concerned about this. There were two land use changes Mr. Durrett had. One land use change application was tabled by the Planing and Zoning Commission because the steering committee was going to review it. Councilmember Marcott further stated that he will move to table this item until the newly formed steering committee has an opportunity to review the Cullen area. Voting "Aye" Councilmembers Beckman, Owens, Seeger, and Marcott. Voting "No" Councilmember Wilkins. Motion Passed 4 to 1. Page 24 of 25 - 10/9/2000 137 Voting "Aye" Councilmembers Beckman, Owens, Seeger, and Marcott. Voting "No" Councilmember Wilkins. Motion Passed 4 to 1. OTHER BUSINESS: ADJOURNMENT Meeting was adjourned at 10:30 p.m. Minutes approved as submitted and/or corrected this the 23`d day of October, 2000. Oil Tom Reid Mayor ATTEST: Page 25 of 25 - 10/9/2000 138 THIS PAGE LEFT BLANK INTENTIONALLY