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2002-06-24 CITY COUNCIL REGULAR MEETING MINUTES115. MINUTES - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JUNE 24, 2002, 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 Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Woody Owens Richard Tetens Charles Viktorin Larry Marcott Klaus Seeger Bill Eisen Darrin Coker Young Lorfing Others in attendance: Police Chief J.C. Doyle; City Engineer John Hargrove; Project Director Joe Wertz•, Assistant City Attorney Nghiem Doan; Community Development Coordinator Mona Phipps; and Planner 1 Theresa Grahmann. The invocation was given by Mike Hogg and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid introduced Fred Welch, Executive Director, and Mike Hogg, Chairman, of the Brazoria .County Partnership. The Partnership is comprised of seven Chambers of Commerce in Brazoria County. He further introduced Terry Morgan and Lucy Stevener, who are members of the Board of Directors of the Brazoria County Partnership. Fred Welch, Executive Director of the Brazoria County Partnership, gave an update on some of the activities that have taken place within the Brazoria County Partnership. Mayor Reid reported on June 11 he met with the Ministerial Alliance and attended the groundbreaking of Middle School #3; June 12 attended a meeting of the Adult Reading Center Board of Directors; June 13 attended a ribbon cutting of "The Club" Development, and attended the monthly meeting of the S.E. Shrine Club; June 14 attended the Chamber Good Morning Breakfast; June 16 attended the groundbreaking for expansion of St. Helen's Catholic Church; June 18 attended a meeting of the HGAC Board of Directors; June 19 attended a meeting with the Executive Director of Southeast Memorial Hospital; June 20 attended the Harris County Commissioner Eversole Breakfast, Exchange Club Luncheon, and a meeting of the Gulf Coast Water Authority Board of Directors; June 21 Page 1 of 15 — 6/24/2002 116 attended the groundbreaking of the Southeast Memorial Hospital expansion. COUNCIL ACTIVITY REPORTS Councilmember Tetens reported he attended the groundbreaking of Middle School #3 on Manvel Road. Councilmember Viktorin reported he attended the groundbreaking at St. Helen's, and attended a meeting of the Society of American Military Engineers, of which he was a member in school. Mayor Pro -Tem Owens reported June 12-13 he attended a Bridge Conference at TxDOT in Austin; June 14 attended a reception for President George Bush and Texas Governor Rick Perry; June 19 attended a SAME Meeting, and the Brazoria County Partnership Infrastructure Meeting; June 20 attended the Harris County Commissioner Eversole Breakfast; June 21 attended the groundbreaking of the expansion of Southeast Memorial Hospital; June 22 went to the new building of Christian Helping Hands where he did some landscape work. Councilmember Marcott reported he was on vacation in Oregon and attended his 40 -year class reunion. " Councilmember Seeger passed on giving a report. CITY MANAGER'S REPORT City Manager, Bill Eisen, reported the City recently received a petition to call a Local Option -Election for the sale of alcoholic beverages, in restaurants only. The petition contained 7,268 signatures. Under state law, 6,788 valid signatures have to be on the petition in order for the election to be called. The City Secretary's office is currently halfway through the verification process and, so far, approximately 120 signatures have had to be declared invalid for various reasons. If the election is called, it would take place on September 14, 2002. There will be a July 4th celebration, which was moved from Presner Stadium to Independence Park due to construction on nearby roads. There will be a flag retirement ceremony, musical entertainment, a presentation of the flag, a ceremony honoring veterans, and fireworks. Since limited parking is an issue at Independence Park there will be a shuttle bus available that will run from Pearland High School to Independence Park. Page 2 of 15 - 6/24/2002 CITIZENS 117 Terry Gibson, 2008 Pinehill Dr. West, addressed Council and stated he would like to know the results of a traffic study on Yost Road @ FM 518. He would also like an update on the improvement schedule for Dixie Farm Road. He and other residents are concerned about drainage issues and a rumor about a new subdivision going in on Yost Road. Charles McMurrey, 5209 Spring Branch Drive, addressed Council and stated he believes applicants being considered for Boards and Commissions should go through training in the areas in which they are being appointed. He further stated he would like to see Council move on the recommendations that were presented last year by the Charter Review Commission. Mason Locke Weems 6, 701 E. Brazos Avenue, addressed Council regarding his concerns with 12 acres located within Shadow Creek Ranch. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: 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. B. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF MAGNOLIA PLACE PHASE 3 AND 4. Mr. John Hargrove, City Engineer. C. CONSIDERATION AND POSSIBLE ACTION SUBDIVISION ACCEPTANCE OF SHADOW CREEK RANCH SF -9A. Mr. John Hargrove, City Engineer. D. 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 Page 3 of 15 — 6/24/2002 Iia AGREEMENT WITH BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 21. Mr. Darrin Coker, City Attorney. E. 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 BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 22. Mr. Darrin Coker, City Attorney. F. 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 BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 21. Mr. Darrin Coker, City Attorney. G. 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 BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 22. Mr. Darrin Coker, City Attorney. H. 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 IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT SCHOOL DISTRICT FACILITIES. Mr. Darrin Coker, City Attorney. Councilmember Viktorin asked that Consent Agenda Item A be removed from the Consent Agenda for further discussion. Mayor Pro -Tem Owens asked that Consent Agenda Item H be removed from the Consent Agenda for further discussion. Councilmember Tetens made the motion, seconded by Councilmember Viktorin, to adopt Consent Agenda Items B through G, as presented on the Consent Agenda. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Page 4 of 15 — 6/24/2002 Voting "No" None. Motion Passed 5 to 0. 119 MATTERS REMOVED FROM CONSENT AGENDA: As requested by Councilmember Viktorin, Consent Agenda Item A was removed from the Consent Agenda for further discussion. 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. Councilmember Tetens made the motion, seconded by Councilmember Marcott, to approve adding the changes to the minutes, as requested by Councilmember Viktorin. Councilmember Viktorin stated he would like to make an addition to the minutes from June 10, 2002, Regular Council Meeting, regarding Resolution R2002-87 which was a presentation of the City's audit. He further stated he would like the minutes to reflect that the auditor presented, in the. management letter to the City, 60 items which did not have supporting documentation. He questioned the auditor about what the 60 items were regarding and their dollar amount, to which the auditor could not answer. The auditor promised to provide documentation to Council and would like the minutes to reflect that. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. Mayor Pro -Tem Owens asked that Consent Agenda Item H be removed from the Consent Agenda for further discussion. H. 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 Page 5 of 15 — 6/24/2002 120 INTERLOCAL AGREEMENT WITH PEARLAND INDEPENDENT SCHOOL DISTRICT FOR IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT SCHOOL DISTRICT FACILITIES. Mr. Darrin Coker, City Attorney. Councilmember Tetens made the motion,. seconded by Councilmember Viktorin, to approve Resolution No. R2002-105. Mayor Pro -Tem Owens stated that recently he read a newspaper article that talked about the City and Pearland Independent School District not being able to work together. He further stated he would like to reiterate that the City and PISD do work together and this interlocal agreement is an example of their working relationship. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS 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 Page 6 of 15 — 6/24/2002 12l 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. Councilmember Viktorin made the motion, seconded by Mayor Pro -Tem Owens, to approve Ordinance No. 509-588 (Application No. 1040) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. 1040. City Manager, Bill Eisen, stated this is an amendment to the Planned Unit Development which would formally establish the signing program that would apply within the confines of the Shadow Creek Ranch subdivision. This has been modified from a previous version that City Council previously held hearings on and declined to approve. The change between versions is that the signs along SH 288 have been deleted from the proposed program. Mason Locke Weems 6, 701 E. Brazos Avenue, addressed Council and stated he is in favor of approval of 509-588, except for 12 acres. Gary Cook, 2947 E. Broadway, stated he is the applicant for this change. He further outlined the changes to this application from a previous version. Lengthy discussion ensued between Council regarding the proposed sign program. Voting "Aye" Councilmembers Seeger, Owens, Viktorin, and Tetens. Voting "No" Councilmember Marcott. Motion Passed 4 to 1. 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) Page 7 of 15 — 6/24/2002 122 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. Mayor Pro -Tem Owens made the motion, seconded by Councilmember Seeger, to approve Ordinance No. 509-589 (Application No. 1040) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. 1039. City Manager, Bill Eisen, stated this property is on the northeast corner of Cullen and Hughes Ranch Road. The request is for a change from Suburban Development, which was the zoning originally assigned to the property when it was annexed, to Commercial District, which would allow a wide variety of commercial type uses on the property. Brent Durrett, 6120 Brookside Drive, addressed Council and stated he owns the property being discussed and is in favor of the zone change. Discussion took place between Council and the City Manager regarding this zone change. Voting "Aye" Councilmembers Viktorin, Owens, and Marcott. Voting "No" Councilmembers Tetens and Seeger. Motion Passed 3 to 2. 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 Page 8 of 15 — 6/24/2002 123 PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Marcott made the motion, seconded by Councilmember Seeger, to table Ordinance No. 509-591 (Application No.. 1037) on its first reading, to have additional discussion with the developer. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. 1037. City Manager, Bill Eisen, stated this property is located west of SH 288 and south of the Broadway extension and is near Southgate Subdivision. The request is for a change from Suburban Development, which was the zoning originally assigned to the property when it was annexed, to R-2. Discussion ensued between Council regarding this zone change. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin and Tetens. Voting "No None. Motion Passed 5 to 0. 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. Councilmember Seeger made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-590 (Specific Use No. 108) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Specific Use No. 108. Page 9 of 15 — 6/24/2002 124 City Manager, Bill Eisen, stated this is to expand an existing storage business. Jason Chapman, 2000 Bering Drive, addressed Council and stated he is the architect for the owners requesting this zone change and is in favor of the zone change. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin and Tetens. Voting "No" None. Motion 5 to 0. 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 (R1 (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. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Owens, to approve Ordinance No -.509-592 (Specific Use No. 107) -on -its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Specific Use No. 107. City Manager, Bill Eisen, stated this is an expansion of the existing Shadycrest Baptist Church. If approved, the church intends to expand their education facilities. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. Page 10 of 15 — 6/24/2002 125 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. Councilmember Viktorin made the motion, seconded by Councilmember Marcott, to approve Ordinance No. 509-593 (Application No. 1042) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. 1042. City Manager, Bill Eisen, stated this zone change involves one lot that would allow for the construction of one single home. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2002-98 — 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. Mayor Pro -Tem Owens made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2002-98. City Manager, Bill Eisen, stated this item is to add the Walnut Street project to the scope of work that Turner, Collie & Braden has. The intent of adding it at this time is to accelerate the project so that it can be finished prior to beginning construction on the Magnolia Street overpass project. This would be a viable and much more efficient alternative when Page 11 of 15 — 6/24/2002 126 Magnolia Street is under construction. Discussion took place between Council and a representative of Turner, Collie and Braden regarding the timeline and cost estimate of this project. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — REGARDING PROPOSED CHARTER AMENDMENTS. Mr. Darrin Coker, City Attorney. Councilmember Marcott made the motion, seconded by Mayor Pro -Tem Owens, to receive into the record the Charter Review Commission report. City Manager, Bill Eisen, stated if Council wishes to include these charter amendments on the September 14, 2002, ballot, the election has to be called no later than July 8, 2002. City Attorney, Darrin Coker, stated there are four proposed amendments. Amendment number one would create voting districts within the City. It would create four districts with one at -large position and the Mayor position. The Charter Commission reconvened and changed the wording so the amendments would not take place until three years after the Charter amendments are adopted. This was done so that none of the Councilmembers currently serving would have their terms affected by this amendment. The first election would be the Mayor's race and the at -large position with the district positions being voted on in the next two elections -after that. Amendment number two would clarify whom the City Attorney answers to. Amendment number three deals with personal interest in City contracts. Amendment number four deals with the Charter Review Commission and how often they are required to convene. Currently, Council must appoint a Charter Review Commission in January of each odd number year. This amendment would allow the Charter Review Commission to be convened once every four years but could also be convened at any time between those four years. State law requires that the charter not be amended more often than once every two years. The City Attorney and Council discussed details of the proposed amendments. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Page 12 of 15 — 6/24/2002 Motion Passed 5 to 0. 127 COUNCIL 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. Councilmember Seeger made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2002-99. City Manager, Bill Eisen, stated that Staff has been talking with representatives of five of the six Municipal Utility Districts located in Pearland's extraterritorial jurisdiction to enter into Strategic Partnership Agreements. Part of the content of those agreements would be that the City would move forward through an annexation process this year but the effective date of that annexation process would be at some point in the future. Those dates would vary by Municipal Utility District and would be the result of negotiations and other things that are ongoing at this time. To meet the necessary requirements to be complete by the end of the year it is necessary to have the legal description of each of those MOD's available in the next two months. The recommendation is to employ the firm of C.L. Davis to prepare those legal descriptions. " Brief discussion took place between Council and Staff regarding details of this contract. Voting "Aye" Councilmembers Tetens, Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL 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 ENVIRONMENTAL, INC., FOR WETLANDS MITIGATION DESIGN SERVICES ASSOCIATED WITH THE PEARLAND PARKWAY PROJECT. Mr. Bill Eisen, City Manager. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Owens, to approve Resolution No. R2002-104. City Manager, Bill Eisen, stated part of the Pearland Parkway project is in areas currently designated as wetlands. As required by federal law, the City is required to establish wetlands in a different location to offset the loss of any wetlands. In some cases the City is Page 13 of 15 - 6/24/2002 required to offset the amount of wetlands by a 3 to 1 ratio which means more wetlands will exist after it is done than exist today. The City Manager and Council discussed the proposed wetland relocation. Voting "Aye" Councilmembers Seeger, Marcott, Owens, Viktorin and Tetens. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 10:15 p.m. to discuss the following:. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.074 - PERSONNEL MATTERS - REGARDING APPOINTMENTS TO THE PLANNING AND ZONING COMMISSION. City Council. 2. SECTION 551.074 - PERSONNEL MATTERS - REGARDING APPOINTMENTS TO THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS. City Council. 3. SECTION 551.074 - PERSONNEL MATTERS — REGARDING APPOINTMENTS TO THE ZONING BOARD OF ADJUSTMENTS. City Council. Council returned from Executive Session at 11:10 p.m. NEW BUSINESS (CONTINUED): COUNCIL ACTION - REGARDING APPOINTMENTS TO THE PLANNING AND ZONING COMMISSION. City Council. No Council action taken. Page 14 of 15 — 6/24/2002 129 COUNCIL ACTION - REGARDING APPOINTMENTS TO THE PEARLAND ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS. City Council. No Council action taken. COUNCIL ACTION - REGARDING APPOINTMENTS TO THE ZONING BOARD OF ADJUSTMENTS. City Council. No Council action taken. ADJOURNMENT Meeting was adjourned at 11:11 p.m. Minutes approved as submitted and/or corrected this the 8 day of July , 2002. ATTEST: Tom Reid Mayor Page 15 of 15 — 6/24/2002 130 THIS PAGE LEFT INTENTIONALLY BLANK