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2000-07-10 CITY COUNCIL REGULAR MEETING MINUTES217 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JULY 10, 2000, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember City Attorney City Secretary Tom Reid Klaus Seeger Larry Marcott Larry Wilkins Darrin Coker Young Lorfing Absent: Councilmembers Helen Beckman, Woody Owens, and City Manager Glen Erwin. Others in attendance: Deputy City ManagerAlan Mueller, Executive Director P.E.D.C. Mike Chance, Manager of Administrative Support Tobin Maples, City Engineer John Hargrove, Director of Community Development and Services Gene Tumlinson, Public Works Director Jerry Burns, Purchasing Officer Gordon Island, Lieutenant Ron Frasier, Community Relations Liaison Phibi Vassallo. The invocation was given by Councilmember Wilkins, and the Pledge of Allegiance was led by Mayor Pro -Tem Seeger. Councilmember Marcott made the motion, seconded by Councilmember Wilkins, to approve the minutes of the June 26, 2000, Joint Public Hearing held at 6:30 p.m. and the minutes of the June 26, Regular Council Meeting held at 7:30 p.m. with the correction made to the minutes as requested by Councilmember Marcott. Voting "Aye" Councilmembers Seeger, Wilkins, and Marcott. Voting "No" None. Motion Passed 3 to 0, with Councilmembers Beckman and Owens absent. MAYOR'S ACTIVITY REPORT Keep Pearland Beautiful Executive Director, Delores Fenwick, reported that Keep Pearland Beautiful has received another Keep Texas Beautiful award making this the third consecutive year. Mrs. Fenwick presented Mayor Reid with the 1999-2000 Governor's Page 1 of 22 - 7/10/2000 218 Community Achievement Award plaque. She also reported that Melissa Prazak, one of the Youth Advisory Councilmembers, made the flag that was on display in the Council Chambers. Melissa also serves as the Keep Pearland Beautiful's youth spokesperson. In closing Mrs. Fenwick stated that Melissa did a great job on such short notice. Mayor Reid reported that on June 24 through June 27 he attended the TML Insurance Risk Pool Board of Directors Meeting; June 29 he attended the Southeast Economic Development Corporation Board Meeting, and gave the keynote speech forthe Workforce Shadowing teachers that is sponsored by the Pearland Independent School District; July 2 he attended the Elected Official's recognition at the First Baptist Church; July 3 he met with HGAC Staff on air quality issues. July 4 he attended the July 4'h Celebration in Pearland; July 5 through July 7 he attended the Texas Association of Regional Council of Government Board of Directors Meeting. COUNCIL ACTIVITY REPORTS Councilmember Marcott reported that he attended the HGAC Seminarfor New Mayors and Council at the W estchase Hilton. He further stated that he met a new Councilmember from Alvin, Councilmembers from Manvel, and the new mayor of Arcola. He also stated that it was good to mingle with adjacent neighbors who are also in the same boat. He stated that the program was extra good. The afternoon was taken up by Friendswood's City Manager and Mayor, and was extremely informative. He further reported that he brought back a lot of information. Councilmember Marcott also reported on Monday morning his son and his daughter-in-law had a baby girl at the Medical Center. Councilmembers Seeger and Wilkins did not give a report. CITY MANAGER'S REPORT Deputy City Manager, Alan Mueller, stated that City Manager Glen Erwin was ill and not able to attend. He introduced two new staff members; Tobin Maples Manager of Administrative Support, he will be responsible for Planning and Zoning, Permits, Human Resources, Municipal Court, Grants and Public Affairs. Phibi Vassallo, comes to the City from the newspaper industry. She will be working in the Public Affairs and in addition to many other responsibilities, she will be helping City Manager's Office respond to service request, as well as establishing a volunteer program where community volunteers come out and help with City functions. Mayor Reid and Council welcomed Phibi and Tobin to the Staff. Page 2 of 22 - 7/10/2000 219 CITIZENS Charles McMurray, 5209 Spring Branch Drive, addressed Council regarding a homestead exemption and expressed his opposition to the upcoming Parks Bond Election. Tom Sullivan, 6930 West Lea, addressed Council regarding his concerns with the encroachment he feels that a neighboring developer is doing. He is also concerned with the drainage of his subdivision. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-466 - 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 PROPERTYAND GRANTING ASPECIFIC USE PERMIT FOR A PLUMBING CONTRACTOR SHOP WITH OUTSIDE STORAGE ON THE FOLLOWING PROPERTY, TO -WIT BEING TRACT I:1 ACRE BEING LOT 3, GABRIEL ENTERPRISES AND TRACT 11:1.78 ACRES BEING LOT 36H3 OUT OF THE H.C. JOHNSON 99 ACRE TRACT, A 219, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 917 & SPECIFIC USE NO. 88) (2617 LAZY BEND) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS - SPECIFIC USE (GB -S) AT THE REQUEST OF CHARLIE EASON, AGENT FOR STAN LESLIE, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Gene Tumlinson, Director of Community Development and Services. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Marcott, to adopt Consent Agenda Item A, on its second and final reading. Voting "Aye" Councilmembers Seeger, Marcott,'and Wilkins. Voting "No" None. Motion Passed 3 to 0, with Councilmembers Beckman and Owens absent. Page 3 of 22 - 7/10/2000 220 MATTERS REMOVED FROM CONSENT AGENDA NEW BUSINESS COUNCIL ACTION - RESOLUTION NO. R2000-86 - 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 DRAINAGE DISTRICT NO. 4 FOR COOPERATION IN REPAIRING THE BRIDGE ON McLEAN ROAD AT MARY'S CREEK. Mr. Jerry Burns, Public Works Director. Councilmember Marcott made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2000-86. Deputy City Manager, Alan Mueller, stated that periodically the Texas Department of Transportation inspects all bridges in the state. We have recently received the report for Pearland. The bridge on McLean Road at Mary's Creek was rated a 3 out of 10. . Director of Public Works, Jerry Burns, stated that it is a wooden bridge, and during the inspection and appraisal program for 1999-2000, the Texas Department of Transportation downgraded this bridge to a maximum 5000 Ib, load limit classification, due to decaying timber piles located under the bridge. This eliminates the safe crossing of anything larger than a car or small truck. Since this is a major school bus route for P.I.S.D., it is imperative that the City repair the bridge as fast as possible and regain the load limit to. 17,500 lbs. Brazoria Drainage District No. 4 has agreed to share in this project by providing the equipment and labor, with the City responsible for parts and materials. This will necessitate an Interlocal Agreement between the City and Drainage District. Staff recommends approving the creation of an Interlocal Agreement between the City of Pearland and Brazoria County Drainage District No. 4 for the sole purpose of repairs to the McLean - Mary's Creek bridge. It is also the Staff's recommendation to put this bridge in the Brinsap program with the State for future replacement. Deputy City Manager, Alan Mueller, stated that this will not require a budget amendment, the funds for this will come from the street department maintenance line items which is used for street repairs. Voting "Aye" Councilmembers Wilkins, Marcott, and Seeger. Voting "No" None. Motion Passed 3 to 0, with Councilmembers Beckman and Owens absent. Page 4 of 22 - 7/10/2000 221 r COUNCIL ACTION - RESOLUTION NO. 82000-87 -A AUTHORIZINGUTION OF THE CITY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, GER OR HIS DESIGNEETO ENTER INTO A CONTRACT WITH QUADRANT CONSULTANTS, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE MYKAWA ROADWAY IMPROVEMENTS PROJECT. Mr. Michael Ross, Project Manager. Councilmember Wilkins made the motion, seconded by Councilmember Marcott, to approve Resolution No. R2000-87. Deputy City Manager, Alan Mueller, stated that the rehabilitation on Mykawa Road from McHard Road north past Clear Creek to Beltway, is one of the projects awarded by HGAC and the Texas Highway Department in 1997 for inclusion on the Transportation Improvement Program which provide for 80% funding for the reconstruction of the road. In an executive summary given by Project Manager, Michael Ross, he stated that staff has solicited and received statements of qualifications (SOO) for engineering services for the Mykawa Road Improvement project. The scope of this project is to improve the existing road to afour-lane curb and gutter roadway with turn lanes between the two-lane asphalt Sam Houston road and the McHard llway Overpass. A total of 11 firms submitted SOQ's for the project with three firms being selected as finalist. Staff interviewed the three finalist and selected Quadrant Consultants Incorporated (QCI), as the best team for the project. QCI's services will include the preparation of the Environmental Assessment report, Preliminary Engineering (Schematics) and Final Engineering (PS&E); Geotechnical Investigation and Public Outreach. After a lengthy negotiation period, the City and TxDOT accepted a 2 for the engineering services with QCI. The City has proposal in the amount of $833,198.1 requested and obtained approval for federal funding for 80% of the project cost. The remaining amount of 20% is the City's portion of the project and funds are currently available. Staff recommends that Council approve the attached contract and expenses for the engineering services associated with the project. Councilmember W ilkins modified his motion to include the full expenditure of $833,198.12. Councilmember Seeger asked if TxDOT pays a flat rate of 80% or do they pay for certain parts of it? ger, Alan Mueller, stated that they will pay 80% of the right of way Deputy City Mana acquisition cost, but they will not pay for utility relocation cost, so if we have City utilities that need to be relocated it will of a0o% our cost, private utilities have to move out of the way at their cost. Page 5 of 22 - 7/10/2000 222 Voting "Aye" Councilmembers Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 3 to 0, with Councilmembers Beckman and Owens absent. COUNCIL ACTION - RESOLUTION NO. R2000-84 - 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 BROOKS & SPARKS, INC. FOR DESIGN, BIDDING, AND CONSTRUCTION ENGINEERING OFTHE TOWN DITCH IMPROVEMENTS. Mr. John Hargrove, City Engineer, Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Marcott, to approve Resolution No. R2000-84 for the amount of $48,400. Deputy City Manager, Alan Mueller, stated that what we want TxDOT to do when they widen Highway 35 is to improve the drainage flow capacity under Highway 35. in order for them to do that they need a commitment from us to increase the channel capacity to handle the extra flow. This is the design work to accomplish that. We also need to provide for detention in the David L. Smith site. In an executive summary given by City Engineer, John Hargrove, he stated that the Town Ditch improvements from Main Street to Old Alvin Road are part of drainage work required to allow construction of a bridge at Main Street by Texas Department of Transportation as part of their widening project from Beltway 8 to Broadway. This contract is for design, bidding, and construction engineering of those improvements. Staff recommends authorizing the City Manager to enter into a contract with Brooks & Sparks, Inc. for the required engineering services. Councilmember Marcott and Deputy City Manager Alan Mueller, further discussed the amount budgeted for the entire project. Councilmember Marcott and City Attorney Darrin Coker, discussed the terms and conditions of the proposed contract. Deputy City Manager, Alan Mueller, also stated all that has to be improved is from Highway 35 to Old Alvin. The channel capacity from Old Alvin to Clear Creek has already been expanded. Voting "Aye" Councilmembers Wilkins, Marcott, and Seeger. Page 6 of 22 - 7/10/2000 223 Voting "Nd' None. Motion Passed 3 to 0, with Councilmembers Beckman and Owens absent. COUNCIL ACTION - RESOLUTION NO. R2000-85 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING BID NO. B2000-061 FOR THE PROVISION OF UNIFORMS, LAUNDRY, AND REPAIR SERVICE, AND TIrRSAID ITEMS. Mr.. GordoZMANAGER ORa d DESIGNEE OENTERINTO A CONTRACT FOR Purchasing Officer. Councilmember Marcott made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2000-85. In an executive summary given by Purchasing officer Gordon Island, e stated that sealed forms &Laundry bids have been received for a unit priced supplycontract Services, purchase of Uniform Jackets and various Maintenance Items. The service includes garment alterations, repairs, and lockers at each City location. The contract period is for three years and can be extended for one contract period. Staff recommends the award of a unit price supply contract to Best Uniform Supply, Inc., in the estimated annual amount of $29,495. Councilmember Marcott asked if this is the same firm we have been dealing with, and will the uniform colors remain the same? Purchasing Officer, Gordon Island, said it will be with a different company and the various departments have changed to a different color scheme, light grey for the crews and a white for the supervisors. This will provide for better identification. Voting "Aye" Councilmembers Seeger, Marcott, and Wilkins. Voting "Nd' None. Motion Passed 3 to 0, with Councilmembers Beckman and Owens absent. COUNCIL ACTION- SUBMISSION OF PROPOSED 2000-2001 BUDGET AND SETTING OF PUBLIC HEARING ON THE BUDGET, TENTATIVE DATE OF AUGUST 14, 2000, 7:00 P.M. Mr. Jimmy Causey, Director of Finance. Page 7 of 22 - 7/10/2000 224 Councilmember Wilkins made the motion, seconded by Mayor Pre -Tem Seeger, to set the public hearing on the 2000-2001 budget for a tentative date of August 14, 2000 at 7:00 p.m. Deputy City Manager, Alan Mueller, stated that City.Charter requhes City Manager deliver the proposed budget to the City Council 60-90 days before the new fiscal year. He stated that we are about 80 days out. This item will also set a public hearing on the budget for August 14, 2000. In an executive summary given by Finance Director Jimmy Causey he stated that the budget book distributed at the meeting is the proposed budget for the next fiscal year starting October 1, 2000. There are two Workshops scheduled for discussion and public input before the first reading of the ordinance to adopt the budget. Voting "Aye" Councilmembers Wilkins, Marcott, and Seeger Voting "No" None. Motion Passed 3 to 0, with Councilmembers Beckman and Oviens absent. COUNCIL ACTION - ACCEPTANCE OF CERTIFICATION OF ANTICIPATED DEBT COLLECTION RATE FOR 2000 AND CERTIFICATION OF EXCESS DEBT COLLECTION FOR 1999. Mr. Jimmy Causey, Director of Finance. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Wilkins, to accept the certification of anticipated debt collection rate for 2000 and certification of excess debt collection for 1999. Staff recommends acceptance of the certi5cation. Deputy City Manager, Alan Mueller, stated that this is an annual statement submitted by Tax Assessor and Collector, Jo Knight, who the City has contracted to assess and collect property taxes. She has provided her certification of the current and anticipated. debt collection rate. Voting "Aye" Councilmembers Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 3 to 0, with Councilmembers Beckman and Owens absent. Page 8 of 22 - 7/10/2000 225 COUNCIL ACTION PLACEMENT OF AN ITEM ON THE AUGUST 28, 2000 AND THE SEPTEMBER 11, 2000 CITY COUNCIL AGENDAS TO CONSIDER THE PROPOSED FISCAL YEAR 2000-2001 TAX RATE OF $.695 PER $100 VALUATION AND SETTING OF A PUBLIC HEARING ON THE TAX RATE FOR AUGUST 28, 2000, AT 7:15 P.M. Mr. Jimmy Causey, Director of Finance. Councilmember Marcott made the motion, seconded by Councilmember Wilkins, to place an item on the August 28, 2000 and the September 11, 2000 City Council Agenda's to consider the proposed Fiscal Year 2000-2001 tax rate of $.695 per $100 valuation and setting of a public hearing on the tax rate for August 28, 2000 at 7:15 p.m. Deputy City Manager, Alan Muller, stated that this is another formal action under the Truth and Taxation laws, to set the dates on which the tax rate will be voted on, as well as the date for the public hearing on the tax rate. In an executive summary given by Finance Director Jimmy Causey, he requested the placement of an item on the August 28, 2000 and the September 11, 2000 City Council agendas to consider the proposed Fiscal Year 2000-2001 Tax Rate of $0.695 per $100 valuation and setting the public hearing on the tax rate for August 28, 2000 at 7:15 p.m. Voting "Aye" Councilmembers Wilkins, Marcott, and Seeger. Voting "No" None. Motion Passed 3 to 0, with Councilmember Beckman and Owens absent. COUNCIL ACTION -EXCUSE ABSENCE OF MAYORTOM REID FROM THE REGULAR COUNCIL MEETING HELD ON JUNE 26, 2000. City Council. Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Seeger, to excuse the absence of MayorTom Reid from the Regular Council Meeting held on June 26, 2000. Voting "Aye" Councilmembers Seeger, Marcott, and Wilkins. Voting "No" None. Motion Passed 3 to 0, with Councilmembers Beckman and Owens absent. ORDINANCEFIRST READING OF COUNCIL OF THE CITY OFPEARLAND, TEXAS, AMENDING ORDINANCE NO. 5CITY09, Page 9 of 22 - 7/10/2000 226 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 HAIR SALON IN GARAGE ON THE FOLLOWING PROPERTY, TO -WIT BEING LOTS 33-36, BLOCK 35, PEARLAND TOW NSITE, BRAZORIA COUNTY, TEXAS (SPECIFIC USE NO. 81) (2330 N. SAN ANTONIO) FROM CLASSIFICATION MULTI -FAMILY DWELLING DISTRICT (MF) TO MULTI -FAMILY DWELLING DISTRICT - SPECIFIC USE (MF -S) AT THE REQUEST OF GAIL WINDHAM & TOMMY LUTTRELL, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Gene Tumlinson, Directorof Community Development and Services. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 509-467 (Specific Use No. 81) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Specific Use No. 81). In an executive summary given by Director of Community Development and Services, Gene Tumlinson, he stated that this Specific Use application is a requesting to change zoning classification from Multi -Family Dwelling District (MF) to Multi -Family Dwelling District with a Specific Use (MF -S) for a hair salon in a garage. Gail Windham, 2330 N. San Antonio, addressed Council and stated that she is semi - retiring and will have only one chair in the salon. Ms. Windham also stated that she will also be making improvements to her property as well. Councilmember Marcott commented on home occupations and his concerns regarding the parking needed for this type of business. Deputy City Manager, Alan Mueller, stated that this application is not covered under the home occupancy ordinance, because it is going through the Specific Use Permit process. Therefore, this application is not covered under the home occupations, and is regulated by the Specific Use Permit process. Councilmember Marcott mentioned the possibility of forming a TIRZ and to develop the Old Town Site. Councilmember Seeger stated that a TIRZ may have to be initiated by a developer. Page 10 of 22 - 7/10/2000 227 Deputy City Manager, Alan Mueller, stated that there is a process where the City can initiate a TIRZ. Some private development is needed in order to raise funding so you will have some money to work with. Mayor Reid stated that would be something to review. Additional discussion ensued between Council and Staff regarding the development of the Old Town Site. Deputy City Manager, Alan Mueller, stated that in the Comprehensive Plan, one of the goals is to establish a new classification called Old Town Village. The concept of trying to create a mixed use district can be done through the zoning codes, and independent of forming a TIRZ. They are two independent but related items. In the new land use book we added a chapter without having to renumber everything. Voting "Aye" Councilmembers Wilkins, Marcott, and Seeger. Voting "No" None. Motion passed 3 to 0, with Councilmembers Beckman and Owens absent. FIRST READING OF ORDINANCE NO. 509-468 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING THE SOUTH'/2 OF LOT 7, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243, BRAZORIA COUNTY, TEXAS ACCORDING TOTHE MAP OF RECORD IN VOLUME 2, PAGE 23, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 928) (2109 CULLEN. BOULEVARD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF RAMON NAVA DBA SOUTHEAST PALLET, AGENT FOR L & B PROTECTIVE COATING, INC., OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Gene Tumfinson, Director of Community Development and Services. Councilmember Marcott made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 509-468 (Application No. 928) on its first reading. Page 11 of 22 - 7/10/2000 228 Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 928). In an executive summary given by Directorof Community Development and Services Gene Tumlinson he stated that this application is a request to change zoning classification from Suburban Development District (SD) to Commercial District (C) at 2109 Cullen Boulevard. Voting "Aye" Councilmembers Seeger, Marcott, and Wilkins. Voting "No" None. Motion passed 3 to 0, with Councilmembers Beckman and Owens absent. FIRST READING OF ORDINANCE NO. 509-469 - 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 5.00 ACRES BEING TRACT 2, SECTION 17 OF H.T. & B.R.R. CO. SURVEY, A-242, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 921) (MANVEL ROAD Q FITE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF LUCY MARIE WOODS, AGENT FOR PATRICK WILLIAM GABRIEL, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Gene Tumlinson, Director of Community Development and Services. Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Seeger, to approve Ordinance No. 509-469 (Application No. 921) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 921). In an executive summary given by Director of Community Development and Services Gene Tumlinson he stated that this application is a request to change zoning classification from Suburban Development District (SD) to Commercial District (C). Councilmember Wilkins asked if the property next to it was also zoned? Page 12 of 22 - 7/10/2000 229 Director of Community Development and Services, Gene Tumlinson, stated that it was zoned Commercial and it is presently a electrical supply company. Councilmember Marcott asked if this is one piece of .property, goes all the way to the electrical supply business? Director of Community Development and Services Gene Tumlinson answered yes it is. Voting "Aye" Councilmembers Wilkins, Marcott, and Seeger. Voting "No" None. Motion passed 3 to 0, with Councilmembers Beckman and Owens absent. FIRST READING OF ORDINANCE NO. 509-470 - 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 1.377 ACRES OF LAND IN SECTION 20, H.T. & B.R.R. CO. SURVEY, A-506, BRAZORIA COUNTY, TEXAS (APPLICATION NO: 924) (BROADWAY STREET @ CULLEN BOULEVARD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF JAMILA JOHNSON OF BREWER & ESCALANTE ASSOCIATES FOR EXXON MOBIL, AGENT FOR WILLIAM J. WISE, OWNER, PROVIDING FOR AN AMENDMENT OFTHE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Gene Tumlinson, Directorof Community Development and Services. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 509-470 (Application No. 924) on its first reading. Jamila Johnson, Brewer & Escalante Associates, addressed Council and .stated that she is the consultant for this project and is available to answer any questions that might come up regarding the zone changed. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 924). Page 13 of 22 - 7/10/2000 230 In an executive summary given by Director of Community Development and Services Gene Tumlinson, he stated that this application is a request to change zoning classification from Suburban Development District (SD) to General Business District (GB). Jamila Johnson, Brewer & Escalante Associates, reviewed a sketch of the project with the Council and Staff, and a short discussion ensued regarding the Exxon Mobil Service Station. Voting "Aye" Councilmembers Seeger, Marcott, and Wilkins. Voting "No" None. Motion passed 3 to 0, with Councilmembers Beckman and Owens absent, FIRST READING OF ORDINANCE NO. 509-471 - 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 10, OUT OF AND PART OF THE COMMERCIAL RESERVE OF BLOCK 17, SECTION 3, WEST LEA SUBDIVISION, AS RECORDED IN VOLUME 12, PAGE 23, BRAZORIA COUNTY PLAT RECORDS, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 925) (4109 MANVEL ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF HOUSTON BUSINESS INVESTMENT, INC., OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Gene Tumlinson, Director of Community Development and Services. Councilmember Marcott made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 509-471 (Application No. 925) on its first reading, Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 925). Deputy City Manager, Alan Mueller, stated that this is an existing convenience store. In an executive summary given by Director of Community Development and Services Gene Tumlinson, he stated that this application is a request to change zoning classification from Suburban Development District (SD) to General Business District (GB). Page 14 of 22 - 7/10/2000 231 I Voting "Aye" Councilmembers Seeger, Marcott, and Wilkins. Voting "No" None. Motion passed 3 to 0, with Councilmembers Beckman and Owens. FIRST READING OF ORDINANCE N0. 509-472 - 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 LOTS 168F, 168171, 168H, 169,169P, AND 169P-1, H.T. & B.R.R. CO. SURVEY, A-308, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 923) (3422 & 3502 WARREN ROAD & 4201,4205, 4209, 4213, 4217, 4225 & 4229 WELLS DRIVE) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO MOBILE HOME DISTRICT (MH) AT THE REQUEST OF KENNETH & BONNIE KAMPF, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Gene Tumlinson, Director of Community Development and Services. Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Seeger, to approve Ordinance No. 509-472 (Application No. 923) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 923). In an executive summary given by Director of Community Development and Services Gene Tumlinson, he stated that this application is an existing mobile home park which consist of 9 or 10 spaces that is on the southern end of the City limits that lies between Veterans and the railroad tracks. It is a request to change zoning classification from Suburban Development District (SD) to Mobile Home District (MH). Mayor Reid requested that the land use form be modified to show an additional line that would indicate the current use of the property? Director of Community Development and Services, Gene Tumlinson, stated that line item is on the new revised form. Councilmember W ilkins stated that this is averywell kept, neat, existing mobile home park, and he feels that it merits approval. Page 15 of 22 - 7/10/2000 232_ Councilmember Marcott asked if it met the land requirements for each of the units? Director of Community Development and Services, Gene Tumiinson, stated that it is a three -acre minimum and it does meet the requirements, and also meets the 60' by 100' lot requirement. Councilmember Seeger stated that he too has looked at this location, and it is well maintained. He further stated that he does not particularly flavor a proliferation of mobile homes here, however, it is an existing mobile home park. City Attorney, Darrin Coker, stated because the City's Land Use Ordinance does not provide for a mobile home single lot designation, and consistently reject such request. The mobile home industry has a lot of litigation going on and a very strong lobbing group. The law has allowed Cities to refuse single lot mobile homes in their communities, provided that they have locations where mobile homes can be placed, and mobile home parks of this nature do provide that avenue. Voting "Aye" Councilmembers Seeger and Wilkins. Voting "No" Councilmember Marcott. Motion passed 2 to 1, with Councilmembers Beckman and Owens. FIRST READING OF ORDINANCE NO. 509-473 - 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 LOT 28 & 29, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 20, H.T. & B.R.R. CO. SURVEY, A-506, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 932) (SUNRISE LAKE "EAST") FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT THE REQUEST OF KEN CAFFEY, AGENT FORAMVEST PROPERTIES, INC., OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TOTHE SUBJECT. Mr. Gene Tumlinson, Directorof Community Development and Services. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 509-473 (Application No. 932) on its first reading. Page 16 of 22 - 7/10/2000 233 Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 932). In an executive summary given by Director of Community Development and Services Gene Tumlinson, he stated that this application is a request to change zoning classification from Suburban Development District (SD) to Single Family Dwelling District (R-3). Ken Caffey 1013 N. Amy, informed Council that he is available to answer any questions Council may have zone change request. Councilmember Marcott stated that he maintains his comments from the Public Hearing regarding a traffic stop light. He is also concerned with the builder asking for variances from the twenty five-foot distance of the corner lots, and four lots are in this particular area, where we are not able to have the twenty-five feet from the corner to the driveway. They wanted to move within ten to fifteen feet of the corner. Because of the houses they are building are large, we are having to make modifications that he feels should not have to be done. Councilmember Marcott reiterated that he has concerns about corner lots and the location of their driveways. He further stated before the Council precedes with the zoning on this, we ought to look further at the R -3's to see what can be done to have proper distances and not be faced with variances on these particular pieces of land. It interrupts what the City is intending to do, having space between the drive way, and the stops signs r - for the busy roads. Deputy City Manager, Alan Mueller, stated that the Zoning Board of Adjustments is an independent body, and the code is in place, which addresses the concern that Councilmomber Marcott has. We as the staff do not control how the Zoning Board of Adjustments vote. He further stated that this is due process, anybody who does not agree with the code has the right to appeal to the Zoning Board of Adjustments. Councilmember Seeger stated that he agrees with Councilmember Marcott. The fact that this is R-3 zoning and we are trying to put larger homes on them, and then the certain areas are requiring variances to fit these houses on the lots. He also stated that he would consider R-2 zoning if that is what it takes to properly fit these homes on the lots. Councilmember Marcott made a motion to table Ordinance No. 509-473. Ken Caffey stated that it does not matter what size lot you have you can always put a bigger house on whatever size lot. We have to go by the ordinance, he is not saying it is right, but this is how the developers are platting them. We are not behind it, and his firm is the developer. Page 17 of 22 - 7/10/2000 234 Additional discussion ensued between Council and Staff regarding this zoning. Deputy City Manager, Alan Mueller, advised Council that he would discuss the issues regarding these variances and corner lots brought up during the consideration of this action with City Manager Glen Erwin. Mayor Reid stated that there is a motion to table, and asked if there was a second? Mayor Reid stated that the motion fails due to the lack of a second, and we are back to the original motion which is to approve the first reading of Ordinance No. 509-473. Voting "Aye" Councilmember Wilkins. Voting "No" Seeger and Marcott. Motion failed 2 to 1, with Councilmembers Beckman and Owens absent. FIRST READING OF ORDINANCE NO. 509-474 - 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 40 ACRES BEING LOTS 15A & 15B OUT OF SECTION 12, H.T. & B.R.R, CO. SURVEY, A-508, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 907) (VETERANS DRIVE @ BAILEY ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-2) AT THE REQUEST OF MAURIS HARDCASTLE OF HARDCASTLE REAL ESTATE, AGENT FOR READ PARTNERS L.P. & KITTY L. READ, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Gene Tumlinson, Director of Community Development and Services. Councilmember Marcott made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 509-474 (Application No. 907) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to deny Application No. 907 which was at that time was considering the zoning from Suburban Development (SD) to Single Family Dwelling District (R-3). Page 18 of 22 - 7/10/2000 235 r Deputy City Manager, Alan Mueller, stated that the action to deny by the Planning and Zoning Commission was based on the original R-3 application. Subsequent to that the applicant submitted a letter to change their request to R-2 Residential. In an executive summary given by Director of Community Development and Services Gene Tumlinson, he stated that this application is a request to change zoning classification from Suburban Development District (SD) to Single Family Dwelling District (R-2). Mayor Reid asked what is the legal position on this matter. City Attorney, Darrin Coker, stated if the Council chooses to deny, it should be based on the Public Hearing that was held for R-3. The Council could deny this in support of the recommendation of the Planning and Zoning Commission. Mr. Coker further stated thatthe next two items to be considered is like this one, they are contiguous pieces of property. Voting "Aye" None. Voting "No" Councilmembers Seeger, Marcott, and Wilkins. Motion failed 3 to 0, with Councilmembers Beckman and Owens absent. FIRST READING OF ORDINANCE NO. 509-475 - 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 LOTS NO 9A AND 12A OUT OF SECTION 12, H.T. & B.R.R. CO. SURVEY, A-508, BRAZORIA COUNTY, TEXAS (APPLICATION N0.908) (VETERANS DRIVE BETWEEN MAGNOLIA & BAILEY ROAD) FROM CLASSIFICATION COMMERCIAL DISTRICT (C) AND HEAVY INDUSTRIAL DISTRICT (M-2) TO SINGLE FAMILY DWELLING DISTRICT (R-2) AT THE REQUEST OF MAURIS HARDCASTLE OF HARDCASTLE REAL ESTATE, AGENT FOR RANDALL L. FERGUSON & LLOYD R. FERGUSON, OWNERS, PROVIDING FOR AN AMENDMENT OFTHE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Gene Tumlinson, Directorof Community Development and Services. Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Seeger, to approve Ordinance No. 509-475 (Application No. 908) on its first reading. Page 19 of 22 - 7/10/2000 236 Mayor Reid read into the record the Planning & Zoning Commission's recommendation to deny (Application No. 908) which was at that time was considering the zoning from Commercial District (C) and Heavy Industrial District (M-2) to Single Family District (R-3). In an executive summarygiven by Directorof Community Development and Services Gene Tumlinson, he stated that this application is a request to change zoning classification from Commercial District (C) & Heavy Industrial District (M-2) to Single Family Dwelling District (R-2). Mayor Reid stated this is a piece of property is contiguous to previous considered property. Voting "Aye" None. Voting "No" Councilmembers Seeger, Marcott, and Wilkins. Motion failed 3 to 0, with Councilmembers Beckman and Owens absent. FIRST READING OF ORDINANCE NO. 509-476 - 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 79.94 ACRES OF LAND, BEING THE NORTH 1/20F THE SOUTHEAST Y4 OF SECTION 12, H.T. & B.R.R. CO. SURVEY, A- 508, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 909) (MAGNOLIA ROAD @ BAILEY ROAD) FROM CLASSIFICATION COMMERCIAL DISTRICT (C) AND HEAVY INDUSTRIAL DISTRICT (M-2) TO SINGLE FAMILY DWELLING DISTRICT (R-2) AT THE REQUEST OF MAURIS HARDCASTLE OF HARDCASTLE REAL ESTATE, AGENT FOR MARY F. EDWARDS, OWNER, PROVIDING FORAN AMENDMENTOFTHE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Gene Tumlinson, Director of Community Development and Services. Mayor Pro -Tem Seeger made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 509-476 (Application No. 909) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to deny (Application No. 909) which at the time was considering the zoning from Commercial District (C) and Heavy Industrial District (M-2) to Single Family District (R-3). Page 20 of 22 - 7/10/2000 237 In an executive summary given by Director of Community Development and Services Gene Tumlinson, he stated that this application is a request to change zoning classification from Commercial District (C) & Heavy Industrial District (M-2) to Single Family Dwelling District (R-2). Voting "Aye„ None. Voting "No" Councilmembers Seeger, Marcott, and Wilkins: Motion failed 3 to 0, with Councilmembers Beckman and Owens absent. FIRST READING OF ORDINANCE NO. 509-477 - 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 CHURCH ON THE FOLLOWING PROPERTY, TO -WIT BEING A 5 ACRE TRACT BEING THE EAST 1/2 OF LOT 19, ALLISON RICHEY GULF COAST HOME COMPANY'S SUBURBAN GARDENS SUBDIVISION OF SECTION 80, H.T. & B.R.R. CO. SURVEY, A- 564, ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 2, PAGE 98, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 926 & SPECIFIC USE NO. 82) (BROADWAY STREET BETWEEN KIRBY ROAD & CR 48) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT - SPECIFIC USE (R1 -S) AT THE REQUEST OF KEITH ANDERSON, AGENT FOR WEEMS & COMPANY, INC. FOR F. CARRINGTON WEEMS 11, ALEXANDRA L. WEEMS, F. CARRINGTON WEEMS III, & MATHILDE S. WEEMS; OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Gene Tumlinson, Director of Community Development and Services. Councilmember Marcott made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 509-477 (Application No. 926 & SPU No. 82) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve (Application No. 926 & SPU No. 82). In an executive summarygiven by Director of Community Development and Services Gene Tumlinson, he stated that this application is a request to change zoning classification from Suburban Development District (SD) to Single Family Dwelling District (R1 -S). Page 21 of 22 - 7/10/2000 ?38 Voting "Aye" Councilmembers Seeger, Marcott, and Wilkins. Voting "No" None. Motion passed 3 to 0, with Councilmembers Beckman and Owens absent. OTHER BUSINESS: XII. ADJOURNMENT Meeting was adjourned at 9:23 p.m. ADJOURNMENT Minutes approved as submitted and/or corrected this the 24 day of July 2000. Tom Reid Mayor ATTEST: Page 22 of 22 - 7/10/2000