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2002-06-24 CITY COUNCIL MEETING AGENDAAGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON JUNE 24, 2002, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I. CALL TO ORDER II. INVOCATION AND PLEDGE OF ALLEGIANCE III. MAYOR'S ACTIVITY REPORT Presentation from Fred Welch, Executive Director, Brazoria County Partnership. IV. COUNCIL ACTIVITY REPORTS V. CITY MANAGER'S REPORT VI. CITIZENS VII. DOCKETED PUBLIC HEARING: None VIII. CONSENT AGENDA: ALL ITEMS LISTED UNDER THE "CONSENT AGENDA" ARE CONSIDERED TO BE ROUTINE, AND REQUIRE LITTLE OR NO DELIBERATION BY THE CITY COUNCIL. THESE ITEMS WILL BE ENACTED/APPROVED BY ONE MOTION UNLESS A COUNCILMEMBER REQUESTS SEPARATE ACTION ON AN ITEM, IN WHICH EVENT THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED BY SEPARATE ACTION (X. MATTERS REMOVED FROM CONSENT AGENDA). APPROVAL OF THE CONSENT AGENDA ENACTS THE ITEMS OF LEGISLATION. A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the June 4, 2002, Special Meeting held at 6:30 p.m. 2. Minutes of the June 10, 2002, Public Hearing held at 6:30 p.m. 3. Minutes of the June 10, 2002, Public Hearing held at 6:30 p.m. 4. Minutes of the June 10, 2002, Joint Public Hearing held at 6:30 p.m. 5. Minutes of the June 10, 2002, Regular Council Meeting held at 7:30 p.m. Page 1 of 7 - 6/24/2002 CONSIDERATION AND POSSIBLE ACTION - ACCEPTANCE OF MAGNOLIA PLACE PHASE Mr. John Hargrove, City Engineer. SUBDIVISION 3 AND 4. CONSIDERATION AND POSSIBLE ACCEPTANCE OF SHADOW Mr. John Hargrove, City Engineer. ACTION - SUBDIVISION CREEK RANCH SF-9A. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. 2002-101 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A STRATEGIC PARTNERSHIP AGREEMENT WITH BRAZORIACOUNTY MUNICIPAL UTILITY DISTRICT NO. 21. Mr. Darrin Coker, City Attomey. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. 2002-100 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A STRATEGIC PARTNERSHIP AGREEMENT WITH BRAZORIACOUNTY MUNICIPAL UTILITY DISTRICT NO. 22. Mr. Darrin Coker, City Attomey. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. 2002-103 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A SALES AND USE TAX AGREEMENT WITH BRAZORIACOUNTY MUNICIPAL UTILITY DISTRICT NO. 21. Mr. Darrin Coker, City Attomey. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. 2002-102 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A SALES AND USE TAX AGREEMENT WITH BRAZORIACOUNTY MUNICIPAL UTILITY DISTRICT NO. 22. Mr. Darrin Coker, City Attomey. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. 2002-105 - 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 PEARLAND INDEPENDENT SCHOOL DISTRICT FOR Page 2 of 7 - 6/24/2002 IX. X. IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT SCHOOL DISTRICT FACILITIES. Mr. Darrin Coker, City Attomey. MATTERS REMOVED FROM CONSENT AGENDA NEW BUSINESS CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-588 - 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, ON CERTAIN REAL PROPERTY, MORE OR LESS, LOCATED IN THE DUPUY AND ROBERTS SURVEY, ABSTRACT 726, BRAZORIA COUNTY; WILLIAM MORRIS SURVEY, ABSTRACT 344, BRAZORIA COUNTY; T.C.R.R. COMPANY SURVEY, SECTION 3, ABSTRACT 678, BRAZORIA COUNTY; T.C.R.R. COMPANY SURVEY, SECTION 4 (JOHN W. MAXEY), ABSTRACT 675, BRAZORIA COUNTY; OBEDIAH PITTS SURVEY, ABSTRACT 717, BRAZORIA COUNTY; H. T. & B. R.R. COMPANY SURVEY, SECTION 80 (J.S. TALMAGE), ABSTRACT 564, BRAZORIA COUNTY; H. T. & B. R.R. COMPANY SURVEY, SECTION 81, ABSTRACT 300, BRAZORIA COUNTY; H. T. & B. R.R. COMPANY SURVEY, SECTION 82 (J.S. TALMAGE), ABSTRACT 565, BRAZORIA COUNTY; H. T. & B. R.R. COMPANY SURVEY, SECTION 83, ABSTRACT 305 IN BRAZORIA COUNTY AND ABSTRACT 761 IN FORT BEND COUNTY; S.G. HAYNIE SURVEY, ABSTRACT 212 IN BRAZORIA COUNTY AND ABSTRACT 620 IN FORT BEND COUNTY; FRANKLIN HOOPER SURVEY, ABSTRACT 198, FORT BEND COUNTY; GEORGE W. MCDONALD SURVEY, ABSTRACT 577, FORT BEND COUNTY; I.C. STAFFORD SURVEY, ABSTRACT 668, FORT BEND COUNTY AND THE H. LEVERING SURVEY, ABSTRACT 279, FORT BEND COUNTY, TEXAS (APPLICATION NO. 1040) (SHADOW CREEK RANCH DEVELOPMENT) TO AUTHORIZE A COMPREHENSIVE SIGN PROGRAM AT THE REQUEST OF KERRY R. GILBERT & ASSOCIATES, INC., AGENT FOR SHADOW CREEK RANCH DEVELOPMENT COMPANY, L.P., OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Page 3 of 7 - 6/24/2002 m w CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-589 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 8.842 ACRES, H. T. & B. R.R. COMPANY SURVEY, A-243, BRAZORIA COUNTY, TEXAS, BEING A PORTION OF LOT 8, SECTION 19, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, AS RECORDED ON A MAP OR PLAT IN VOLUME 2, PAGE 23, BRAZORIA COUNTY MAP RECORDS, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1039) (1115 CULLEN BOULEVARD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF PAUL BRENT DURRETT, 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, Executive Director of Community Services. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-591 - 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 ALL OF LOTS 44, 45, 54 AND 55, OUT OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 2, PAGE 98, BRAZORIA COUNTY PLAT RECORDS, SITUATED IN THE J.S. TALMAGE SURVEY, SECTION 80, A-564, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1037) (CR 59) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R2) AT THE REQUEST OF JAMES JOHNSON, AGENT FOR FAMILY CARE MEDICAL CLINIC/ULYSSES WATKINS, JR., M.D., OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS Page 4 of 7 - 6/24/2002 RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive D/rector of Community Services. m CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-590 - 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 3, BLOCK 1, OLD CHOCOLATE BAYOU, BRAZORIA COUNTY, TEXAS (SPECIFIC USE NO. 108) (2737 OLD CHOCOLATE BAYOU ROAD) FROM CLASSIFICATION COMMERCIAL DISTRICT (C)TO COMMERCIAL DISTRICT- SPECIFIC USE (C(S)) AT THE REQUEST OF OSBORN & VANE ARCHITECTS, AGENT FOR JAMES AND DOROTHY MEDEARIS, 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, Executive Director of Community Services. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-592 - 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 9.521 ACRES, W.D.C. HALL LEAGUE, A-70, BRAZORIA COUNTY, TEXAS (SPECIFIC USE NO. 107) (3007 AND 3017 YOST ROAD AND 3214 HAMM ROAD) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R1) TO SINGLE FAMILY DWELLING DISTRICT - SPECIFIC USE (RI(S)) AT THE REQUEST OF SIDNEY KLIESING, AGENT FOR SHADYCREST BAPTIST CHURCH, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Page 5 of 7 - 6/24/2002 10. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE 509-593 - 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 8, BLOCK 7, HICKORY CREEK PLACE, H. T. & B. R.R. COMPANY SURVEY, SECTION 7, A- 219, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 11, PAGE 1, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1042) (O'DAY ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R1) AT THE REQUEST OF LYNDA TAYLOR KENNEDY, AGENT FOR PHILLIP W. & TERRI RUTTER, 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, Executive Director of Community Services. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. 2002-98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION #1 SUPPLEMENT #3 FOR PRELIMINARY ENGINEERING SERVICES ASSOCIATED WITH THE WALNUT STREET PROJECT. Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - REGARDING PROPOSED CHARTER AMENDMENTS. Mr. Darrin Coker, City Attorney. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. 2002-99 - 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 C. L. DAVIS, FOR SURVEYING SERVICES ASSOCIATED WITH THE PREPARATION OF LEGAL DESCRIPTIONS OF PROPOSED ANNEXATIONS. Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. 2002-104 - 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 BELAIRE Page 6 of 7 - 6/24/2002 ENVIRONMENTAL, INC., FOR WETLANDS MITIGATION DESIGN SERVICES ASSOCIATED WITH THE PEARLAND PARKWAY PROJECT. Mr. Bill Eisen, City Manager. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE SECTION 551.074 PERSONNEL MATTERS - REGARDING APPOINTMENTS TO THE PLANNING AND ZONING COMMISSION. City Council. SECTION 551.074 PERSONNEL MATTERS REGARDING APPOINTMENTS TO THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS. City Council. SECTION 551.074 PERSONNEL APPOINTMENTS TO THE ZONING City Council. MATTERS REGARDING BOARD OF ADJUSTMENTS. NEW BUSINESS (CONTINUED): 11. CONSIDERATION AND POSSIBLE ACTION - REGARDING APPOINTMENTS TO THE PLANNING AND ZONING COMMISSION. City Council. 12. CONSIDERATION AND POSSIBLE ACTION - REGARDING APPOINTMENTS TO THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS. City Council. 13. CONSIDERATION AND POSSIBLE ACTION - REGARDING APPOINTMENTS TO THE ZONING BOARD OF ADJUSTMENTS. City Council. XI. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Young Lorfinq at 281- 652-1655 prior to the meeting so that appropriate arrangements can be made. Page 7 of 7 - 6/24/2002