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1999-12-13 CITY COUNCIL REGULAR MEETING MINUTES - 7:00PMMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON DECEMBER 13, 1999, AT 7:00 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 Councilmember Helen Beckman Councilmember Richard Tetens Councilmember Larry Wilkins Councilmember Klaus Seeger City Manager Glen Erwin City Attorney Darrin Coker City Secretary Young Lorfing Absent: Mayor Pro -Tem William Berger Others in attendance: Executive Director P.E.D.C. Mike Chance; Deputy City Manager Alan Mueller; Police Chief J.C. Doyle; City Engineer John Hargrove; Directorof Community Development and Services Gene Tumlinson; Assistant City Attorney Nghiem Doan; Public Works Director Jerry Burns; Project Manager Michael Ross; Purchasing Officer Gordon Island. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Reverend Barnett, and the Pledge of Allegiance was led by Parks and Recreation Director Ed Hersh. APPROVAL OF MINUTES: Councilmember Tetens made the motion, seconded by Councilmember Beckman, to approve the minutes of the November 22, 1999, Joint Public Hearing held at 6:30 p.m.; minutes of the November 22, 1999, Public Hearing held at 7:00 p.m.; minutes of the November 22, 1999, Regular Council Meeting held at 7:30 p.m. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, and Seeger. Voting "No" None. Page 1 of 22 - 12/13/1999 7:00 P.M. G3o 037 Motion Passed 4 to 0, with Mayor Pro -Tem Berger absent. MAYOR'S ACTIVITY REPORT Mayor's Reid and Pearland/Hobby Area Chamber President Billye Everett presented plaques to the Christmas Parade Winners. The winner of the Best Walking Group was the KIPPERS. Family Funeral Home won the Mayor's Award and Powanda Painting and Wall Covering won the award for the most original entry. Mayor Reid reported that on November 29 he attended the Council Workshop; November 30 he attended the Chamber ribbon cutting; December 3 he went to lunch with PEDC/Developer; December 4 he rode in the Chamber Christmas Parade; December 6 he attended the Pearland/Friendswood/Alvin School to Work Luncheon; December 7 he attended a meeting with PEDC/Developers, the AARP Monthly Meeting, School District Education Improvement Committee Meeting, and Pearland Neighborhood Center Open House; December 8 he attended lunch with Commissioner Jack Harris, Jim Clawson, and Jeff Brennan and the Corp. of Engineers on Clear Creek, also attended the City's annual Christmas Tree Lighting Ceremony; December 9 and 10 he attended the Texas Association Regional Council of Government Board Meeting in Austin, also December 10 he attended the City's Annual Christmas •Party; December 11 he attended the party for Community Children at Perry's Restaurant. COUNCIL ACTIVITY REPORTS Councilmember Beckman reported that it was a good basket ball game between the High School Faculty and the Pearland Police Officers, and the real success was the number of people who attended and the amount of toys collected. She reported that the Neighborhood Center provided Christmas for more than 200 families. Councilmember Beckman also reported that on Saturday the Tour de Lites will make their annual tour through Green Tee Subdivision. Councilmember Tetens stated he would pass. Councilmember Wilkins reported that he attended the Chamber Mixer atthe Neighborhood Center last week. He also wished everyone in Pearland a Merry Christmas and Happy New Year. Councilmember Seeger stated that he would also pass. Page 2 of 22 - 12/13/1999 7:00 P.M. 033 CITY MANAGER'S REPORT City Manager, Glen Erwin, reported on a letter the City received from Brazoria Drainage No. 4, on the City's mapping system stating they would like to participate with the City. He will have our Staff meet with the Staff of the Drainage District, and work out an agreement, which will be presented to Council for consideration. CITIZENS Chuck Myers, 3710 Oak Dale Dr., President of Pearland Area Dads Club, addressed Council and gave a brief overview of the Dads Club. He stated they as an organization face many of the same issues the City does, as we move into the new Millennium. With the unprecedented growth we have in Pearland, they are forced to deal with the inevitable possibility of expanding the facility. He further reported the Pearland Little League has sent a team to the State play-offs every year since 1995, and in 1996 and 1999 gone on to win the State Championship, in which the teams go on to regional competition in the Southeast. Mr. Myers stated the Dads Club would like to approach the City, and see what they could do by getting some financial support from the City for their organization. DOCKETED PUBLIC HEARING: None. CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 741-1 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 27, SUBDIVISIONS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO ADD A NEW SECTION 27-11 TO BE ENTITLED, PARKLAND DEDICATION, FOR THE PURPOSE OF ESTABLISHING GUIDELINES FOR THE DEDICATION OF PARKLAND BY RESIDENTIAL SUBDIVIDERS; AND PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 941- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, FINDING THAT THE CITY HAS ESTABLISHED GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT PURSUANT Page 3 of 22 - 12/13/1999 7:00 P.M. 039 TO RESOLUTION NO. R98-59; DESIGNATING AND DESCRIBING A REINVESTMENT ZONE (TO BE KNOWN AS REINVESTMENT ZONE #8), IN ACCORDANCE WITH THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT; FINDING THAT THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICAL AND WOULD BEA BENEFIT TO THE LAND TO BE INCLUDED IN THE ZONE AND THE MUNICIPALITY AFTER THE EXPIRATION OF THE TAX ABATEMENT AGREEMENT; AUTHORIZING THE CITY MANAGER TO SIGN TAX ABATEMENT AGREEMENTS WHEN APPROVED BY THE CITY COUNCIL; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 528-6 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 6, ANIMALS AND FOWL, OF THE CITY OF PEARLAND CODE OF ORDINANCES (ORDINANCE NO. 528), AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, ALLOWING HOGS, PIGS, OR SWINE TO BE KEPT AND MAINTAINED ON SCHOOL DISTRICT PROPERTY WHEN BEING USED FOR EDUCATIONAL PURPOSES; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 943 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING A COMPREHENSIVE PLAN TO ACT AS A GUIDE FOR REGULATING LAND USE WITHIN THE INCORPORATED LIMITS OF PEARLAND; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION AND FOR CODIFICATION. E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-377 - 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 23.69 ACRES OF LAND, OUT OF A 43.3143 ACRE TRACT, F.B. DRAKE SURVEY, A- 1181, HARRIS COUNTY, TEXAS (APPLICATION NO. 831) (2900 FELLOWS Page 4 of 22 - 12/13/1999 7:00 P.M. 040 ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF TURBO CARE, 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, G. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-383 -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 A, BLOCK 1, GARDEN ACRES, SECTION 2, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 834) (BROADWAY STREET BETWEEN LAZY BEND & GARDEN ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF DAVID S. MILLER, AGENT FOR BLUMENTHAL INVESTMENTS PARTNERS, OWNER, PROVIDING FORAN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. H. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-379 - 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, BLOCK 2, MASUDA SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 19, PAGES 37-38, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 761) (7021 WEST CLIFF STONE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF ALF & KATHY SHATTO, 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. I. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-380 - AN ORDINANCE OF THE CITY COUNCIL OF Page 5 of 22 - 12/13/1999 7:00 P.M. 041 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 2, A 1.0101 ACRE TRACT, AND LOT 3, A 1.0101 ACRE TRACT, OF BETHEL SUBDIVISION, SECTION 2, OUT OF LOTS 39, 40, 55 & 56, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243, DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 822) (1033 LEE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R- 1) AT THE REQUEST OF TIMOTHY & DALE NGUYEN, 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. J. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-381 - 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 1.0101 ACRE TRACT, KNOWN AS LOT 4, BETHEL SUBDIVISION, SECTION 2, ALLISON-RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 19, H.T. & B.R.R. CO. SURVEY., A-243, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 823) (LEE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF WILLIAM & SANDRA BAILEY, 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. K. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-382 - 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 9, BLOCK 1, HICKORY PLACE SUBDIVISION, H.T. & B.R.R. CO. SURVEY, A-310 Page 6 of 22 - 12/13/1999 7:00 P.M. 042 (APPLICATION NO. 826) (BRYAN COURT) FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF WILL YORK, 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. Councilmember Tetens asked that Item F Ordinance No. 509-378 be removed from the Consent Agenda. Councilmember Beckman made the motion, seconded by CouncilmemberTetens, to adopt the Consent Agenda Items A through K, on their second and final reading, reserving Item F for further discussion. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, and Seeger. Voting "No" Motion Passed 4 to 0, with Mayor Pro -Tem Berger absent. MATTERS REMOVED FROM CONSENT AGENDA As requested by Councilmember Tetens Item F. Ordinance No. 509-378 was removed from the Consent Agenda. F. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-378 - 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 APPROXIMATELY 10 ACRES, A.K.A., LOT 34, ALLISON-RICHEY GULF COAST HOME CO. SURVEY, A-304, RECORDED IN VOLUME 2, PAGE 107, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 821)(MILLER RANCH ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT THE REQUEST OF JOHN TAYLOR, AGENT FOR THE RITSON MORRIS CORPORATION, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; Page 7 of 22 - 12/13/1999 7:00 P.M. TWE CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. CouncilmemberTetens made the motion, seconded by Councilmember Wilkins, to approve Item F. Ordinance No. 509-378, on its second and final reading. Councilmember Tetens stated that he will not support this ordinance, because it is for an R-3 Single Family Dwelling District which is a high to medium density residential area. The Comprehensive Plan calls for this area to be low density, and there are already a large number of R -3's in the area. He further stated as long as the City continues to approve R -Ts he will continue to vote against them. Mayor Reid said that part of the testimony received is that this piece of property was missing from the current development, and was recently acquired, after the rest of the property in the subdivision had been zoned R-3. Director of Community Development and Services Gene Tumlinson, confirmed this property is an extension of the existing development. Councilmember Beckman stated because it is part of the subdivision she will be voting for it. She also stated It is a very fine subdivision, and is consistent with the area. Councilmember Wilkins stated that he concurs with Councilmember Beckman, and he will be supporting this ordinance. Councilmember Seeger stated it is a real improvement to the area. Voting "Aye" Councilmembers Beckman, Wilkins, and Seeger. Voting "No" Councilmember Tetens. Motion Passed 3 to 1, with Mayor Pro -Tem Berger absent. NEW BUSINESS Mayor Reid with concurrence of Council moved to New Business Item No. 12, Ordinance No. 509-384. Page 8 of 22 - 12/13/1999 7:00 P.M. 044? FIRST READING OF ORDINANCE NO. 509-384 - 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 26.88 ACRES OUT OF THE H.T. & B.R.R. CO. SURVEY, SECTION II, A-239, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 824) (VETERANS ROAD) FROM CLASSIFICATION LIGHT INDUSTRIAL DISTRICT (M-1) TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF MARK NICHOLAS, AGENT FOR LIQUID TRANSPORTERS, INC., OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, ASEVERABILITY CLAUSE, AN EFFECTIVE DATEAND OTHER PROVISIONS RELATED TO THE SUBJECT. Councilmember Wilkins made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 509-384 (Application No. 824) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 824. Councilmember Tetens stated that he encourages clean industry to move into the City. He realizes there is state and federal laws that assures clean industry. He further stated to allow a plant like the proposed asphalt plant is too close to residential, and is not very considerate on the Council's part. He further that he does not feel this is the right location for this type of plant. Mayor Reid said looking at the area, it really does not fit into that particular location Councilmember Wilkins stated he will be voting against this, because it is a poor location. He said he also concurs with Councilmember Tetens, the City wants to bring in as much industry as we can, however, the location is the key. Councilmember Seeger stated from the environmental point of view, and infrastructure, this is a serious quality of life issue for residences in that area. The City does not have the roads in that area to handle the kind of traffic a business like this will generate, and will cost a lot of money to build up the roads in the area, therefore, he will not be supporting it. Councilmember Beckman stated that she agrees with everything that has been said. Page 9 of 22 -12/13/1999 7:00 P.M. 04..9 Mayor Reid read all of the names of the individuals that had signed up to address Council in opposition to this matter; Stephen Donnelly; Don Laws; Ken Workman; Catherine O'Brien; Joe Wallace; Timothy Layne Collins; MarK Snowden; Curtis Holden; Pamela Box; Gary M. Snowden; Max Milstead; Mac Collins; Gary Jones; Karen Lowery; Robert L, Walters. Randy Wochy, General Manager for Vulcan in Houston, addressed Council and gave a brief presentation of the business. He said they are basically stone manufactures, and on the application they included a asphalt and ready mix plant. They don't know what they may be doing in the future, and at this point and time they do not have anything on paper that says they are putting in an asphalt plant. He also stated he would not say that would not happen down the road. In closing Mr. Wochy stated that their yard on ship channel just won an award for appearance. Voting "Aye" None. Voting "No" Councilmembers Beckman, Tetens, Wilkins, and Seeger. Motion Failed 4 to 0, Mayor Pro -Tem Berger absent. Mayor Reid with concurrence of Council moved back to New Business Item No. 1. COUNCIL ACTION - RESOLUTION NO. R99-104 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT WITH TRAFF DATA & ASSOCIATES, INC. FOR PROFESSIONAL TRAFFIC ENGINEERING SERVICES TO PROVIDE DESIGN, ANALYSIS, AND REVIEW OF TRAFFIC INFRASTRUCTURE IMPROVEMENTS THROUGHOUT THE CITY. Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R99-104. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Berger absent. Page 10 of 22 -12/13/1999 7:00 P.M. COUNCIL RESOLUTION NO. R99-107 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY'OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT WITH WALSH ENGINEERING, INC. FOR DESIGN OF WATER AND SEWER IMPROVEMENTS TO BE BUILT IN CONJUNCTION WITH THE WIDENING OF DIXIE FARM ROAD. Councilmember Beckman made the motion, seconded by Councilmember Tetens, to approve Resolution No. R99-107. City Manager, Glen Erwin, stated this is an engineering project that will determine where the utilities will be placed when Dixie Farm Road is widened. The funding for this contract will be taken out of the 1999 Water and Sewer Revenue Bonds. Voting "Aye" Councilmembers Seeger, Wilkins, Tetens, and Beckman, Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Berger absent. COUNCIL ACTION - RESOLUTION NO. R99-109 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE CONTRACTS WITH THE MURILLO COMPANY FOR PERFORMANCE OF CONSTRUCTION MATERIALS TESTING DURING CONSTRUCTION OF THE LONGWOOD AND BARRY ROSE WASTEWATER TREATMENT PLANT EXPANSIONS AND DURING CONSTRUCTION OF SANITARY SEWER IMPROVEMENTS FOR THE MAGNOLIA BOULEVARD GRAVITY TRUNK MAIN AND THE VETERANS DRIVE/WALNUT STREET FORCE MAIN. Councilmember Tetens made the motion, 'seconded by Councilmember Beckman, to approve Resolution No. R99-109. City Manager, Glen Erwin, stated we are fixing to increase the capacity for both of our wastewater treatment plants. This contact will cover the material testing during the expansion of these facilities. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, and Seeger. Voting "No" None. Page 11 of 22 -12/13/1999 7:00 P.M. i0I 04"'i Motion Passed 4 to 0, with Mayor Pro -Tem Berger absent. FIRST READING OF ORDINANCE NO. 944 -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 SUNRISE BOULEVARDAND FM 518, IN THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS. Councilmember Wilkins made the motion, seconded by CouncilmemberTetens, to approve Ordinance No. 944 on its first reading. City Manager, Glen Erwin, stated this is an entryway into Sunrise Lakes Subdivision. It is not uncommon that we have subdivisions that utilizes the right-of-ways. In the agreement we have protective covenants that will protect the City from any potential damage. Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman. Voting "No" None. Motion passed 4 to 0, with Mayor Pro -Tem Berger absent. COUNCIL ACTION - RESOLUTION NO. R99-105 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL AGREEMENT WITH PEARLAND INDEPENDENT SCHOOL DISTRICT FOR COOPERATION IN CONSTRUCTION AND MAINTENANCE OF A PLAYGROUND AT THE C. J. HARRIS ELEMENTARY CAMPUS. Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R99-105. Parks and Recreation Director, Ed Hersh, gave a brief presentation regarding this project. The first project is a joint City -School Park, which will be located behind the new C.J. Harris Campus. The City does not have a park in that general vicinity. The second park that is being proposed is very unique for any city and or school district. It is an environmental center that will be a real nature center for students and citizens alike. This park is to be located on a separate piece of land on Schleider Drive by Barry Rose Road, which the School owns. Mr. Hersh further reported that this project is not funded, however, it is estimated to cost about $65,000. Page 12 of 22 - 12/13/1999 7:00 P.M. 048 Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Berger absent. FIRST AND ONLY READING OF ORDINANCE NO. 669-1 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 26, STREETS AND SIDEWALKS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, BY RENAMING CHAPTER 26, STREETS AND SIDEWALKS, TO RIGHTS-OF-WAY, REDESIGNATING OLD ARTICLES I THROUGH IV TO DIVISIONS 1 THROUGH 4, ADDING A NEW ARTICLE I, STREETS & SIDEWALKS, AND CREATING A NEW ARTICLE II, RIGHT-OF-WAY MANAGEMENT; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO AS THE NEED TO REGULATE THE CITY'S RIGHTS-OF-WAY INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Councilmember Beckman made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 669-1 on its first and only reading. City Manager, Glen Erwin, stated that recently the Legislature started deregulating some of the City's utilities. This ordinance will give the City the ability to control the right-of-ways. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Berger absent. COUNCIL ACTION - RESOLUTION NO. R99-106 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING BID NO. B98-001 FOR CONSTRUCTION OF THE VETERANS/MAGNOLIA SANITARY SEWER LINE AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR SAID CONSTRUCTION. Page 13 of 22 - 12/13/1999 7:00 P.M. 04^ Councilmember Tetens made the motion, seconded by Councilmember Beckman, to approve Resolution No. R99-106, and award Bid No. B98-001 to Pate & Pate Enterprises, Inc., for construction of the Veterans/Magnolia sanitary sewer line in the amount of $1,592,371.70. City Manager, Glen Erwin, reported this is a project that Staff has been working on for sometime, and it is going to come to fruition. Voting "Aye" Councilmembers Seeger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Berger absent. COUNCIL ACTION - RESOLUTION NO. R99-110 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING BID NO. B20-006 (2000- 06) FOR REHABILITATION OF THE CITY HALL ELEVATED STORAGE TANK AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR SAID EXPANSION. Councilmember Wilkins made the motion, seconded by Councilmember Beckman, to approve Resolution No. R99-110, and award Bid No. B20-006 (2000-006) to Advantage Contract Services, Inc. for rehabilitation of the City Hall elevated storage tank in the amount of $230,400. City Manager, Glen Erwin, stated this is the water tank directly behind the City Hall, which is in dyer need of a rehabilitation project, and this will be a pretty difficult project. The tank will have to be masked and all of the lead paint removed. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Berger absent. FIRSTAND ONLY READING OF ORDINANCE NO. 940 -AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, APPROVING AN AGREEMENT APPORTIONING THE EXTRATERRITORIAL JURISDICTION BETWEEN Page 14 of 22 - 12/13/1999 7:00 P.M. 050 THE CITY OF PEARLAND AND THE CITY OF ARCOLA; MAKING CERTAIN FINDINGS RELATED THERETO; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO CREATE A LOGICAL LINE OF DEMARCATION BETWEEN THE ETJs OF BOTH CITIES TO ALLOW FOR ORDERLY PLANNING INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 940 on its first and only reading. Deputy City Manager, Alan Mueller, stated the City of Arcola incorporated in 1984, and when they incorporated it created an overlapping ETJ (extraterritorial jurisdiction). This property is outside of the City's 100' strip in the vicinity of Highway 6 and FM 521. This agreement specifies specifically whereArcola's ETJ (extraterritorial jurisdiction), and where it is not. To the north of Arcola we have agreement in place with the City of Houston that specifies where our line is. This would specify where the line is between the City of Arcola and Pearland exist. This agreement establishes that line in place, and also takes care of a procedural issue where both cities are agreeing that we will no longer challenge the other's incorporation. Voting "Aye" Councilmembers Seeger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 4 to 0, Mayor Pro -Tem Berger absent. COUNCIL ACTION - REGARDING AN APPLICATION FROM JUSTIN BRANTLEY, OWNER, FOR A BUILDING PERMIT ON PROPERTY THAT IS CURRENTLY ZONED SUBURBAN DEVELOPMENT (SD) AT 4322 BROOKSIDE ROAD. Councilmember Beckman made the motion, seconded by Councilmember Tetens, to approve an application from Justin Brantley, Owner, for a building permit on property that is currently zoned Suburban Development (SD) at 4322 Brookside Road. Director of Community Development and Services Gene Tumlinson, stated that Mr. and Mrs. Brantley purchased this property on or about the time that it was annexed into the City. There was previously a permit that had been issued for the expansion on this property by Brazoria County. Through complaints in the neighborhood the City found out about the Page 15 of 22 - 12/13/1999 7:00 P.M. 05! expansion that was going on, and in doing the research the City found out that the permit had expired due to the time span. Mr. Brantley has stopped the expansion. They are expanding by 12,000 square feet, and the building is already leased to a business that would be suitable for Commercial (C), and that work for this business. In order for Mr. Brantley to proceed and occupy the building, he needs a permit so the building can be finished. Then the City could issue a Certificate of Occupancy to allow the tenant to move in. Steve Alsup, 5003 Long Leaf, addressed Council and stated the people have already moved into the building. The property was purchased over a year ago, which was before it was annexed into the City. The retention area has been filled in, and is now covered with crane parts. Mr. Alsup further stated that it was designed to be a retention pond, therefore, it should not be filled with parts. In closing he stated that this application should be reviewed. Councilmember Tetens stated that he would like to see a map of this property and the surrounding uses of the property around it. Director of Community Development and Services, Gene Tumlinson, stated they have a applied for a land use change for this property to Commercial (C) zoning, and it should be scheduled for hearing in January or February. He also reported that the engineering department is reviewing this property, and if retention is needed, the City will require that it be done. City Attorney, Darrin Coker, reported that the Land Use Ordinance has a provision that would allow the issuance of a permit in Suburban Development (SD). However, he said his primary concern is knowing that land is zoned Suburban Development (SD) and the crane parts are being stored outside that is an improper use of the land. Councilmember Beckman stated that she does not know if she will vote to change the land use zone, therefore, she cannot vote on a permit, without having a hearing and had all the proper information that goes into allowing the zone change. Mr. Brantley gave a brief history of the land purchase and the expansion of the facility. He also stated that he would not have a business on this property that would not be an asset to the City. Page 16 of 22 - 12/13/1999 7:00 P.M. 05' City Attorney, Darrin Coker, stated the facility is currently being used as a commercial business and that is a violation of the land use in Suburban Development (SD). He also stated Mr. Brantley has done other projects in the City, and should be familiar with the requirements of the City, and the need to have the proper permit. Mr. Coker stated there is a provision in the ordnance to allow the issuance of a permit in this type of instance. However, the permit could be issued, the land use not changed, then there is a facility that would not be able to have a certificate of occupancy issued. In closing Mr. Coker recommend to Council this request not be approved. Additional discussion among the Council, Staff, and Mr. Brantley ensued. Councilmember Beckman made the motion to amend the original motion, seconded by Councilmember Tetens, to deny the application from Justin Brantley, Owner, for a building permit on property that is currently zoned Suburban Development (SD) at 4322 Brookside Road. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, and Seeger Voting "No" None. Motion Failed 4 to 0, with Mayor Pro -Tem Berger absent. FIRST READING OF ORDINANCE NO. 509-106-1 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509-106 OF THE LAND USE AND URBAN DEVELOPMENT ORDINANCE, OF THE CITY OF PEARLAND CODE OF ORDINANCES, FOR THE PURPOSE OF EXTENDING THE TERM OF SPECIFIC USE PERMIT NO. 46 UNTIL DECEMBER 31, 2001; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND OTHER PROVISIONS RELATED TO THE SUBJECT. Councilmember Tetens made the motion, seconded by Councilmember Beckman, to approve Ordinance No. 509-106-1 on its first reading. City Manager, Glen Erwin, stated this allows the developers to place signs on major thoroughfares of the City to advertise their subdivisons. This action would extend the date allowing the signs to remain until December 31, 2001. Mayor Reid stated that the subdivision signs are nice signs. Page 17 of 22 - 12/13/1999 7:00 P.M. 051 Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, and Seeger. Voting "No" None. Motion passed 4 to 0, with Mayor Pro -Tem Berger absent. FIRST READING OF ORDINANCE NO. 509-385 - 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 6.7387 ACRES, A PORTION OF LOTS 13-16 OF THE DOOLEY PARTITION, OUT OF THE JAMES HAMILTON SURVEY, A-881, AS RECORDED IN HARRIS COUNTY, TEXAS (APPLICATION NO. 841) (BELTWAY 8 FEEDER ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF ED R. WEATHERALL, AGENT FOR REC-TIME, INC., OWNER, PROVIDING FORAN AMENDMENTOF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Councilmember Wilkins made the motion, seconded by CouncilmemberTetens, to approve Ordinance No. 509-385 (Application No. 841) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 841. Voting "Aye" Councilmembers Seeger, Wilkins, Tetens, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Berger absent. FIRST READING OF ORDINANCE NO. 509-386 - 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 13.2558 ACRES OUT OF LOTS 12-16 OF THE DOOLEY PARTITION, JAMES HAMILTON SURVEY, A-881, AS RECORDED IN HARRIS COUNTY, TEXAS (APPLICATION NO. 842) (BELTWAY 8 FEEDER ROAD) Page 18 of 22 - 12/13/1999 7:00 P.M. G5" FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF ED R. WEATHERALL, AGENT FOR REC-TIME, 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. Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 509-386 (Application No. 842) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 842. Voting "Aye" Councilmembers Beckman, Tetens, Wilkins, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Berger absent. FIRST READING OF ORDINANCE NO. 509-387 - 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 RESERVE C & D, CORRIGAN ADDITION, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 845) (BROADWAY STREET) FROM CLASSIFICATION NEIGHBORHOOD SERVICES DISTRICT (NS) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF TOM ALEXANDER, JR., AGENT FOR FRANK D. BARRINGER, OWNER, PROVIDING FORAN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Councilmember Beckman made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-387 (Application No. 845) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 845. Voting "Aye" Councilmembers Seeger, Wilkins, Tetens, and Beckman. Page 19 of 22 - 12/13/1999 7:00 P.M. 05", Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Berger absent. FIRST READING OF ORDINANCE NO. 509-388 - 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 1.284ACRES OUTOF LOT 9, ALLISON RICHEY GULF COAST HOME COMPANY SUBURBAN GARDENS SUBDIVISION, H.T. & B.R.R. CO. SURVEY, SECTION 20, A-506, ACCORDING TO THE PLAT RECORDED IN VOLUME 2, PAGE 23, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 818) (2317 STERLING DRIVE) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF MARK C. & ANNETTE THOMPSON, 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. FIRST READING OF ORDINANCE NO. 509-389 - 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, BETHAL ESTATES, SECTION II, A-243 (APPLICATION NO. 837) (1111 CR 664) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF JULIO G. & MIROSLAVIA MARTINEZ, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATEAND OTHER PROVISIONS RELATED TO THE SUBJECT. FIRST READING OF ORDINANCE NO. 509-390 - 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 .9998ACRES OUTOF LOT 7, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SECTION 20, H.T. & B.R.R. CO. SURVEY, A-506, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 843) (1108 Page 20 of 22 - 12/13/1999 7:00 P.M. 056 LINDA LANE) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF PATRICK J. COOPER, 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. FIRST READING OF ORDINANCE NO. 509-391 - 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 1.1478 ACRES KNOWN AS LOT 8 OF BETHEL SUBDIVISION, SECTION 2, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 844) (STONE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF RAUL PEREZ, 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. FIRST READING OF ORDINANCE NO. 509-392 - 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 11, A 1.0101 ACRE TRACT OUT OF BETHEL SUBDIVISION, SECTION 2, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, H.T. & B.R.R. CO. SURVEY, A-243, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 851) (2078 STONE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF GERARDO & THERESA GARCIA, OWNERS, PROVIDING FORAN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Councilmember Tetens made the motion, seconded by Councilmember Beckman, to approve Ordinance Nos. 509-388, 509-389, 509-390, 509-391, & 509-392 on their first reading. Page 21 of 22 - 12/13/1999 7:00 P.M. 057 Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application Nos. 818, 837, 843, 844, 851. Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Berger absent. OTHER BUSINESS: ADJOURNMENT Meeting was adjourned at 9:07 p.m. Minutes approved as submitted and/or corrected this the 10th day of January 2000. 6,� 1 Tom Reid Mayor ATTEST: Page 22 of 22 - 12/13/1999 7:00 P.M.