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2000-12-11 CITY COUNCIL REGULAR MEETING MINUTES - 7:00PM225 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON DECEMBER 11, 2000, AT 7:00 P.M., AT THE PEARLAND COMMUNITY CENTER, 3523 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 Larry Marcott Councilmember Larry Wilkins Interim City Manager Alan Mueller City Attorney Darrin Coker City Secretary Young Lorfing Absent: Councilmember Woody Owens. Others in attendance: City Engineer John Hargrove; Community Relations Liaison Phibi Vassallos; Public Works Director Jerry Burns; Project Manager Michael Ross; Purchasing Officer Gordon Island; Lt. Ron Fraser: Public Affairs Secretary Martel Lacouture; Purchasing Officer Gordon Island; Director of Finance Jim Causey. The invocation was given by Councilmember Wilkins and the Pledge of Allegiance was led by John Volkmer. Councilmember Beckman made the motion, seconded by Councilmember Marcott, to approve the minutes of the November 20, 2000, Joint Public Hearing held at 6:30 p.m., the minutes of the November 27, 2000 Regular Council Meeting held at 7:30 p.m., the minutes of the November 28, 2000, Special Meeting held at 6:00 p.m., the minutes of the December 4, 2000, Public Hearing held at 6:30 p.m. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. Page 1 of 15 - (7:00 P.M.) 12/11/2000 226 MAYOR'S ACTIVITY REPORT: Mayor Reid reported that Councilmember Owens will be absent from this meeting because he is attending the American Association of State Highway Transportation Officials Conference. Mayor Reid read a letter from Councilmember Owens to the Council regarding the prompt response time of the police department and emergency medical services. On Thursday, December 7, 2000 at 3:50 p.m., a wreck occurred at the subject location. Within 4 minutes, 3 police vehicles and 1 EMS vehicle arrived at the accident. I was extremely pleased with the quick response and the way they handled the traffic in the area. The residents of Pearland are really fortunate and should be proud to live in a city that they can have emergencies responded to so quickly. This, I believe, is a direct reflection upon the character, dedication and professionalism of the Pearland Police Department and the EMS. Mayor, please pass this along at the next council meeting. Mayor Reid reported that on November 28 he attended the TxDot Landscape Committee Meeting, the Bay Area Transportation Partnership Meeting and a Council Workshop; November 29 he attended the Chamber Luncheon; November 30 he attended the Chamber Ribbon Cutting forTerrace at Clear Lake, the Pearland College Open House, the City tree lighting and Santa arrival; December he attended the Chamber Christmas Night parade; December 4 he attended the PEDC Public Hearing, Council Public Hearing and the Tri -City School to Work Meeting; December 5 he attended the AARP Monthly Meeting and the Neighborhood Center Open House; December 6 he attended the Texas Association of Regional Councils of Government Meeting; December 9 he attended the Planning Workshop with the Planning Committee, Zoning Board of Adjustments and City Council; December 11 he attended the District Education Improvement Committee Meeting. COUNCIL ACTIVITY REPORTS: Councilmember Beckman reported that the Christmas Parade was great and the tree lighting was fantastic as always. She also attended the Tour de Lites and had a good time. Councilmember Beckman announced the awards that Keep Pearland Beautiful has recently received. One award was $95,000 and the other was 2nd place nationally with $4,000 for Pearland. She wants Pearland to be clean and for everyone to not litter. December 8 was the Share your Christmas at the Pearland Neighborhood Center. Mayor Pro -Tem Seeger reported he attended a meeting with West Lea residents and on December 9 he attended the joint workshop, with the Planning and Zoning Commission and the Zoning Board of Adjustments. Page 2 of 15 - (7:00 P.M.) 12/11/2000 '^ Councilmember Marcott reported that he thought the City did a tremendous job with the tree lighting ceremony and a lot of people attended and enjoyed themselves. He rode on the parade float and in the Christmas Parade. He attended the Neighborhood Center Soup Kitchen as well as the Alvin Community College Board of Governors Dinner at which the Pearland College Board of Governors, 'which has several of our neighbors including Councilmember Owens, were recognized. Nolan Ryan was there also and they had a full house and was a great event. He also stated he attended the City's Christmas Dinner and commended Janet Eastburn for her 30 years and Butch Hale for his 25 years of service to the City of Pearland. Councilmember Wilkins states that he wishes everyone a Happy Holiday and a safe and prosperous New Year. He commended the City Staff for the great job they do making the City work and the great job the Staff does in working with Councilmembers to keep them informed. CITY MANAGER'S REPORT: Interim City Manager, Alan Mueller, reported the air-conditioning system is broken again in City Hall and that is why the meeting has been moved to the Community Center. He further reported about a month ago the City approved a street sweeping contract and the street sweeping has begun. He stated the Citizens Police Academy did a great job on keeping the citizens off the wet concrete during the tree lighting ceremony. Mr. Mueller reminded everyone that the City offices will be closed Friday, December 22, and Monday, December 25, for Christmas and also Monday, January 1, for New Years Day. He gave a brief update on a few capital projects that are underway. The Harkey Road sewer line is moving south toward County Road 101 and the street was closed this week and will be for a few more weeks. The Dixie Farm Road Project Wetlands Permit was approved by the Corps of Engineers and the new fire station at Cullen Boulevard and FM 518 plans have been completed. He further stated that tonight is the unveiling of the new consent agenda. It contains a few more items on it and in the future more items may be added to it as well. He stated that if members of Council want to further discuss any of these items they may pull it off the consent agenda, as done in the past. CITIZENS: None. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: Page 3 of 15 - (7:00 P.M.) 12/11/2000 227 228 A. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-497 - 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 TRACTS TOTALING 6.564 ACRES IN THE JAMES HAMILTON SURVEY, A-881, HARRIS COUNTY, TEXAS (APPLICATION NO. 948) (14007 SOUTH FREEWAY) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF REVEREND JAMES T. PAYNE, AGENT, FOR ST. THOMAS OF CANTERBURY CHURCH, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABI LITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Manager of Administrative Support. B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-498 - 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 50' WIDE ADJOINING AND ADJACENT TO AND RUNNING PARALLEL WITH THE G. C. & S. F. RIGHT OF WAY AND LYING BETWEEN BLOCK 19, PEARLAND TOWNSITE AND G. C. & S. F. RIGHT OF WAY, AS RECORDED IN VOLUME 29, PAGE 41, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 942) (2411 S. TEXAS) FROM CLASSIFICATION MULTI- FAMILY DWELLING DISTRICT (MF) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF CHARLES TERRY GRAY, 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. C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-499 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE Page 4 of 15 - (7:00 P.M.) 12/11/2000 229 CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING PART OF BLOCK 17 OF THE FIGLAND ORCHARD SUBDIVISION NO. 1, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 3, PAGE 77 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS. (APPLICATION NO. 952) (2853 WAGON TRAIL ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-1) AT THE REQUEST OF ASUNCION ESPARZA, 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. D. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 513-4 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 10, FIRE PREVENTION AND PROTECTION, OF THE CITY OF PEARLAND CODE OF ORDINANCES, FOR PURPOSES OF PROHIBITING TRENCH -BURNS; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION, CODIFICATION AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEEDTO REGULATE TRENCH -BURNS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Darrin Coker, City Attorney. E. CONSIDERATION AND POSSIBLE ACTION - BOARD APPOINTMENTS AND REAPPOINTMENTS TO TIRZ NO. 1, LIBRARY BOARD, GAS AND PLUMBING BOARD OF ADJUSTMENTS, ELECTRICAL BOARD, CHANNEL REVIEW BOARD AND THE BUILDING CODE BOARD OF ADJUSTMENTS. Mr. Alan Mueller, Interim City Manager. G. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2000-144 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE PURCHASE OF A NETWORK INFORMATION SYSTEM UPGRADE AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR SAID PURCHASE. Mr. Gordon Island, Purchasing Officer. H. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2000-145 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENEWING THE CITY'S WIRELESS SERVICE AGREEMENT WITH Page 5 of 15 - (7:00 P.M.) 12/11/2000 230 SOUTHWESTERN BELL AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO SAID CONTRACT. Mr. Gordon Island, Purchasing Officer. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2000-143 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING RESOLUTION NO. R98-49 AND SETTING FORTH THE RULES OF PROCEDURE AND ORDER OF BUSINESS FOR THE CITY COUNCIL; CONTAINING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Councilmember Marcott asked that Consent Agenda Item F be removed for further discussion. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Seeger, to adopt the Consent Agenda Items A through I, with the exception of Item F as presented on the Consent Agenda, and amend Resolution No. R2000-143 to permit citizens to speak for the three minutes, City Attorney, Darrin Coker, stated Item I is an item that is repealing the current Resolution of Rules and Procedures and passing a new Rules and Procedures. The primary purpose of this is to remove the approval minutes portion of the regular procedure so it can be considered under consent agenda in the future. He further reported that the current resolution also allows citizens up to five minutes to address Council and the resolution being considered tonight will allow citizens three minutes to address Council. Voting "Aye" Councilmembers Beckman, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. MATTERS REMOVED FROM CONSENT AGENDA: Councilmember Marcott asked that Consent Agenda Item F. be removed from the Consent Agenda. F. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2000-147 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING BID NO. B2000-036 FOR CONSTRUCTION OFTHE DAVID L. SMITH Page 6 of 15 - (7:00 P.M.) 12/11/2000 231 SITE EAST POND REGIONAL DETENTION BASIN. Mr. John Hargrove, City Engineer. Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Seeger, to approve Resolution No. R2000-147. Interim City Manager, Alan Mueller, gave a brief overview of the project, explaining bid and alternate bids. If this bid is awarded as recommended it will be Alternate 2B with the City funding $1,085,945, which is the cost of the base bid, and Beazer funding $83,650, which is the cost of the compaction. Councilmember Marcott asked if City is bidding the project this way because the dirt does not have any value? Interim City Manager, Alan Mueller, stated the reason this project has never moved forward prior to this point, is because the geology is different from other sites the City has developed. By having a contractor come and pay the City a royalty, both Independence Park and SWEC were developed under that methodology. The actual commodity is the sand. The soil on top is not a commodity. In this particular location there is not any sand that could be sold. So essentially, the City was stuck with the cost of excavating the material and having to pay to dispose of it since there is not a market for this type of soil. r Mr. Mueller further stated that the budget for this project is $1.9 million and it came in substantially less than was anticipated. Additional discussion ensued between Council and Staff regarding the project bids. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. NEW BUSINESS: COUNCIL ACTION - RESOLUTION NO. R2000-146 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 'PEARLAND, TEXAS, ACCEPTING CONTROL AND OPERATION OF THE ROGER LEWIS WATER SYSTEM. Mr. Alan Mueller, Interim City Manager. Page 7 of 15 - (7:00 P.M.) 12/11/2000 232. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Beckman, to approve Resolution No. R2000-146. Interim City Manager, Alan Mueller, stated this a private water system on Josephine Street which is a one block street that runs parallel to FM 518, south of FM 518 near Harkey Road. It is a private water company with sixteen customers and has been in business 25 to 30 years. This is an area which has a dual certificate of convenience and necessity. The operators of the company are Roger and Nina Lewis. They would like to get out of the water business since the City's water system has grown to the point that it has fully encompassed the area around them. This is a proposal where they would relinquish their C.C.N. and operation of the system. The only compensation they are seeking is the payment of the Impact Fee for the existing customers. Based on general information that Mr. Mueller has received from individuals in the industry, our Impact Fee is approximately $1,500 and that puts it right in the price range for the purchase of this type of system. On average, the purchase price for a system like this would be $1,200 to $1,800 per connection, therefore, this compensation is in line with that. Mr. Mueller further stated that it is a win-win situation. Mayor Reid stated that it is very nice that Mr. & Mrs. Lewis take their compensation to pay the Impact Fee for their customers. Mr. Lewis stated the whole street is divided amongst a number of people that he is not sure could afford it right now and he is happy they can do that for them. Voting "Aye" Councilmembers Beckman, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. FIRST READING OF ORDINANCE NO. 992 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF A SUBDIVISION GROUND SIGNS INTO THE CITY'S RIGHT-OF-WAY LOCATED AT THE INTERSECTIONS OF MILLER RANCH ROAD AND WEST HAMPTON DRIVE, AND HUGHES RANCH ROAD AND SOUTH HAMPTON DRIVE, IN THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS. Mr. Tobin Maples, Manager of Administrative Support. Councilmember Marcott made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 992 on its first reading. Page 8 of 15 - (7:00 P.M.) 12/11/2000 233 Interim City Manager, Alan Mueller, briefly gave an overview of the site plan regarding the locations on the medians leading into the two subdivisions where the developer is proposing to place their signs. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, and Beckman. Voting "No" None. Motion passed 4 to 0, with Councilmember Owens absent. FIRST READING OF ORDINANCE NO. 993 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF A SUBDIVISION GROUND SIGN INTO THE CITY'S RIGHT-OF-WAY LOCATED AT THE INTERSECTION OF AUTUMN LAKE TRAIL AND MILLER RANCH ROAD, IN THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS. Mr. Tobin Maples, Manager of Administrative Support. Councilmember Wilkins made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 993 on its first reading. Interim City Manager, Alan Mueller, stated this request is very similar to the last one. This location is just a little farther south on Miller Ranch Road. Voting "Aye" Councilmembers Beckman, Seeger, Marcott, and Wilkins. Voting "No" None. Motion passed 4 to 0, with Councilmember Owens absent. FIRST READING OF ORDINANCE NO. 985 -1 -AN ORDINANCE OFTHE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 985, THE 2000- 2001 ANNUAL BUDGET ORDINANCE, BY AUTHORIZING CERTAIN ADDITIONS IN GENERAL FUND LINE ITEMS, PEDC LINE ITEMS, WATER AND SEWER LINE ITEMS, UTILITY IMPACT LINE ITEMS, REGIONAL DETENTION LINE ITEMS, CAPITAL PROJECTS LINE ITEMS, ROAD AND BRIDGES LINE ITEMS, SOUTHWEST ENVIRONMENTAL LINE ITEMS, CAPITAL IMPROVEMENTS 97 LINE ITEMS, 97A CERTIFICATE OF OBLIGATIONS LINE ITEMS, 98 CERTIFICATE OF OBLIGATIONS LINE ITEMS, TIRZ #2 SHADOW CREEK RANCH LINE ITEMS, 99 WATER AND SEWER REVENUE BONDS LINE ITEMS, AND GRANTS LINE ITEMS, FOR MUNICIPAL PURPOSES; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL Page 9 of 15 - (7:00 P.M.) 12/11/2000 234 ACTIONS NECESSARY TO FACILITATE THE CHANGES IDENTIFIED HEREIN WITHOUT FURTHER APPROVAL OF CITY COUNCIL; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ADJUST THE CITY BUDGET BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Jim Causey, Director of Finance. Councilmember Beckman made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 985-1 on its first reading. Interim City Manager, Alan Mueller, stated this is the budget amendment that the City does at the end of each year. These items specifically relate to items that were encumbered with a purchase order under the previous year. When the books get closed out, the City has to roll them over to the new fiscal year. He gave a brief overview of overall budget amendments. Voting "Aye" Councilmembers Beckman, Seeger, Marcott, and Wilkins. Voting "No" None. Motion passed 4 to 0, with Councilmember Owens absent. FIRST READING OF ORDINANCE NO. 509-500 - 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 7.066 ACRE TRACT OF LAND BEING 587.40' OF LOT 41, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, H. T. & B. R.R. CO. SURVEY, SECTION 19, A-243, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 954) (4634 HUGHES RANCH ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-1) AT THE REQUEST OF RICHARD W. DIESE, AGENT, FOR MARY J. RISER, JENNIE LITTLE LEAZER, HECTOR & MARIA RIOS, 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. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 509-500 (Application No. 954) on its first reading. Page 10 of 15 - (7:00 P.M.) 12/11/2000 235 Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 954). Interim City Manager, Alan Mueller, stated that this amendment is in compliance with the Comprehensive Plan R1 on Hughes Ranch Road. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, and Beckman. Voting "No" None., Motion Passed 4 to 0, with Councilmember Owens absent. FIRST READING OF ORDINANCE NO, 509-501- 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 1.16ACRES OUTOF LOT49, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 20, H. T. & B. R.R. CO. SURVEY, A-506, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OF RECORD IN VOLUME 2, PAGES 23-24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 955) (HAWK ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-1) AT THE REQUEST OF LARRY MOSER, 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 Wilkins, to approve Ordinance No. 509-501 (Application No. 955) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 955). Voting "Aye" Councilmembers Beckman, Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. Page 11 of 15 - (7:00 P.M.) 12/11/2000 236 FIRST READING OF ORDINANCE NO. 509-502 - 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, 1, BETHEL SUBDIVISION, SECTION 1, H. T. & B. R.R. CO. SURVEY, SECTION 19, A-243, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 958) (LEE ROAD @ HUGHES RANCH ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-1) AT THE REQUEST OF CRUZ A. SOSA, 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 Wilkins made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 509-502 (Application No. 958) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 958). Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION TO CITY COUNCILTO DENY (APPLICATION NO. 953) AT THE REQUEST OF JOSE DAVID ROSA, OWNER, FOR AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF SAID CITY FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) ONTHE FOLLOWING DESCRIBED PROPERTYBEING LOT 19, BLOCK 3, SKYWAY MANOR SUBDIVISION, H. T. & B. R.R. CO. SURVEY, A-241, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 7, PAGES 67-68, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (2951 MANVEL ROAD). Mr. Tobin Maples, Manager of Administrative Support. Councilmember Beckman made the motion, seconded by Councilmember Wilkins, to accept the recommendation of the Planning and Zoning Commission to deny Application No. 953. Page 12 of 15 - (7:00 P.M.) 12/11/2000 237 Mayor Reid read into the record the Planning & Zoning Commission's recommendation to deny (Application 953). Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, and Beckman. Voting "No" None. Motion passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO. 957) AT THE REQUEST OF EDWARD MALDONADO, AGENT, FOR JOSE C. RODRIGUEZ, OWNER, FOR AN AMENDMENT TO THE 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 16.655 ACRES IN SECTION 17 OFTHE H. T. & B. R.R. CO. SURVEY, A-242, BRAZORIA COUNTY, TEXAS (7434 BROADWAY STREET). Mr. Tobin Maples, Manager of Administrative Support. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Beckman, to accept the recommendation of the Planning and Zoning Commission to deny Application --� No. 957. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to deny (Application 957). Billye Everett, President of Pearland/Hobby Chamber of Commerce, addressed Council and stated that she believes our community needs recreational facilities such as this. She stated it is her understanding that this business has existed in this location for approximately 12 years with no complaints from citizens around it. She understands that homes and citizens are important but she feels that if they did not want this they would be there tonight to protest it. Ms. Everett further stated she thinks that this business could continue to exist and she would like to see the Council accept this zone change. Ed Maldonado, agent for owner Jose Rodriguez, addressed Council and stated that he would like to request that the property, located at 7434 Broadway Street, to be changed from Suburban Development (SD) to General Business District (GB). He stated that he lives and works in Pearland, attends St. Helen's Church, and is a member of the Knights of Columbus. He is planning to open this location as a golf driving range and to make this location a place of beauty. Mr. Maldonado stated the City staff has recommended the Page 13 of 15 - (7:00 P.M.) 12/11/2000 238 change be approved but the Planning and Zoning Commission has recommended it be denied. The Commission is concerned because the back area of the property backs up to residential property. There is residential property on the east side of the property but not along the back of the property. This property has been used as a driving range before and was annexed by the City while many of the current residents were still living there. All residents within 200 feet of the property were notified of the Zone change and there was no opposition to it. He further stated, in talking to the residents in the area, while cutting the grass on the property, they all were supportive, knowing that the animals and insects would be kept off their property. A driving range does not create a loud noise and the lights would be out each evening by 10:00 p.m., including weekends. A daycare located next door is zoned General Business. In closing he stated he feels this is the best use of the land. The Mayor asked for clarification from the City Attorney about what the Council's options regarding this zone change request are. City Attorney, Darrin Coker, stated that it would require a majority of the entire voting of Council. If they were to override Planning and Zoning Commission's recommendation, they would need a vote of 4 to 0. Councilmember Beckman stated that it is her understanding that the only objection to this zone change is the lighting at night. If all the lights are out by 10:00 p.m. that should not be a problem. Lengthy discussion ensued between Council and Staff regarding this zone change. Voting "Aye" None. Voting "No" Councilmembers Beckman, Seeger, Marcott, and Wilkins. Motion failed 4 to 0, with Councilmember Owens. COUNCIL ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO. 959) AT THE REQUEST OF C.A. LILLEY, AGENT FOR THE MEADOWS, OWNER, FOR AN AMENDMENTTO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF SAID CITY FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL (C) ON THE FOLLOWING DESCRIBED PROPERTY BEING THE SOUTHWESTERLY 3.091 ACRES OF LOT 14, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION OF SURVEY NO. 8, H. T. & B. R.R. CO. SURVEY, A-504, BRAZORIA Page 14 of 15 - (7:00 P.M.) 12/11/2000 239 r COUNTY, TEXAS (2145 ROY ROAD). Mr. Tobin Maples, Manager of Administrative Support. Interim City Manager, Alan Mueller, stated that Application No. 959 has been withdrawn by a letter from the applicant. Mayor Reid announced this item will be passed with no Council action taken. OTHER BUSINESS: ADJOURNMENT: Meeting was adjourned at 8:20 p.m. Minutes approved as submitted and/or corrected this the 8 day of January , 2001. Tom Reid Mayor ATTEST: Page 15 of 15 - (7:00 P.M.) 12/11/2000 240 THIS PAGE LEFT BLANK INTENTIONALLY