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1999-08-09 CITY COUNCIL MEETING AGENDAAGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON AUGUST 9, 1999, 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. APPROVAL OF MINUTES: 3. 4. 5. Minutes of the July 26, 1999, Joint Public Hearing held at 6:30 p.m. Minutes of the July 26, 1999, Joint Public Hearing (Signs and Banners) held at 6:30 p.m. Minutes of the July 26, 1999, Public Hearing held at 6:30 p.m. Minutes of the July 26,1999, Regular Council Meeting held at 7:30 p.m. Minutes of the August 2, 1999, Public Hearing held at 6:30 p.m. IV. MAYOR'S ACTIVITY REPORT V. COUNCIL ACTIVITY REPORTS VI. CITY MANAGER'S REPORT VII. CITIZENS VIII. DOCKETED PUBLIC HEARINGS: None IX. 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 Page 1 of 8 - 8/9/1999 CONSENTAGENDA). APPROVAL OF THE CONSENTAGENDA ENACTS THE ITEMS OF LEGISLATION. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-313 -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 BEING THE NORTH % OF LOT 44, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 8, H.T. & B.R.R. CO. SURVEY, A- 504,RECORDED IN VOLUME 2, PAGE 23, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 653)(2350 GARDEN ROAD) FROM THE CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-l) AT THE REQUEST OF MOSE DEVELOPMENT, LLC, 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. X. MATTERS REMOVED FROM CONSENT AGENDA Xl. NEW BUSINESS CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R99-56 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCALAGREEMENTWITH BRAZORIA COUNTY TO COOPERATE IN ESTABLISHING CONDITIONS FOR PARTICIPATION IN TAX INCREMENT REINVESTMENT ZONE NO. 2 WITHIN THE CORPORATE CITY LIMITS OF PEARLAND. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R99-57 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTOAN INTERLOCALAGREEMENTWITH Page 2 of 8 - 8/9/1999 FORT BEND COUNTY TO COOPERATE IN ESTABLISHING CONDITIONS FOR PARTICIPATION IN TAX INCREMENT REINVESTMENT ZONE NO. 2 WITHIN THE CORPORATE CITY LIMITS OF PEARLAND. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R99-58 - 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 TO COOPERATE IN ESTABLISHING CONDITIONS FOR PARTICIPATION IN TAX INCREMENT REINVESTMENT ZONE NO. 2 WITHIN THE CORPORATE CITY LIMITS OF PEARLAND. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 918 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING THE DEVELOPMENT AND FINANCING AGREEMENT AS APPROVED BY THE BOARD OF DIRECTORS OF TAX INCREMENT REINVESTMENT ZONE NO. 2 ("TIRZ"), CITY OF PEARLAND, TEXAS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND CONTAINING FINDINGS AND PROVISIONS RELATED TO THE FOREGOING SUBJECT. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 543-1 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING, IN ITS ENTIRETY, CHAPTER 30%, ENTITLED VEHICLES FOR HIRE, OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED; HAVING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. m CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 543-2 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CREATING A NEW CHAPTER OF THE CITY OF PEARLAND CODE OF ORDINANCES, CHAPTER 32, TO BE ENTITLED, TAX/CABS, ESTABLISHING Page 3 of 8 - 8/9/1999 MINIMUM STANDARDS AND REQUIREMENTS FOR THE OPERATION OF TAXICAB SERVICES WITHIN THE CITY; DEFINING TERMS; REQUIRING PERMITS; REQUIRING INSURANCE; ESTABLISHING FEES; REGULATING FARES; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. CONSIDERATION AND POSSIBLE ACTION -AWARD OF BID NO. B99-0'79 FOR POLYETHYLENE PIPE. CONSIDERATION AND POSSIBLE ACTION -AWARD OF BID NO. B99-080 FOR SIDEWALK CONSTRUCTION SERVICES. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-C - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION 22, SIGNS, OF THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND CODE OF ORDINANCES, (ORDINANCE NO. 509), AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, BY RENUMBERING SECTION 22.18, APPLICA T/ON TO EXTRA TERRITORIAL JURISDICTION (ETJ) TO SECTION 22.19, AND ADDING A NEW SECTION 22.18 TO BE ENTITLED USE OFBANNERS, TO REGULATE THE USE OF BANNERS IN THE CITY AND ACHIEVE A PROPER BALANCE BETWEEN AESTHETIC CONSIDERATIONS AND THE NEED OF BUSINESSES FOR ADVERTISEMENT; AND PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVID- ING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. 10. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R99-59 - A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE DEDICATION TO THE CITY OF 20.970 ACRES OF LAND ALONG MARY'S CREEK FOR USE AS A PUBLIC PARK. Page 4 of 8 - 8/9/1999 11. 12. 13. 14. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 917 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING STOP SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON THE RIGHT-OF-WAY OF PEARLAND PARKWAY AT THE INTERSECTION OF RANDALL'S SHOPPING CENTER EXIT AND THE NORTHBOUND LANES OF PEARLAND PARKWAY, UPON PEARLAND PARKWAY AT THE INTERSECTION OF THE WEST BOUND CROSS-OVER AND THE SOUTHBOUND LANES, UPON PEARLAND PARKWAY AT THE INTERSECTION OF THE EAST BOUND CROSS-OVER AND THE NORTHBOUND LANES (REHOBOTH ACRES SUBDIVISION); PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION, AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH STOP SIGNS AT INTERSECTIONS INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. CONSIDERATION AND POSSIBLE ACTION - EXCUSE ABSENCE OF COUNCILMEMBER RICHARD TETENS FROM THE REGULAR COUNCIL MEETING HELD ON JULY 26, 1999. CONSIDERATION AND POSSIBLE ACTION - EXCUSE ABSENCE OF COUNCILMEMBER HELEN BECKMAN FROM THE REGULAR COUNCIL MEETING HELD ON JULY 26, 1999. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-314 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 LOCATED IN THE CITY LIMITS OF THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS(APPLICATION NO'S. 758, 760, 764, 765, 766, 769, 772 & 778) FROM CLASSIFICATION SUBURBAN Page 5 of 8 - 8/9/1999 DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF THE OWNERS OF SUCH REAL PROPERTY, 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. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-315 - 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 LOCATED IN THE CITY LIMITS OF THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS(APPLICATION NO'S. 738, 739, 740, 741,748, & 754) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF THE OWNERS OF SUCH REAL PROPERTY, 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. 16. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-316- 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 BEING 6.925 ACRES OUT OF LOT 36 AND LOT 37, FIGLAND ORCHARD SUBDIVISION, H.T. & B.R.R. CO. SURVEY, A-240,VOLUME 3, PAGE 77, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 576) (408 HATFIELD) FROM THE CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO MOBILE HOME DISTRICT (MH) AT THE REQUEST OF TERRY AND LAURA O'KEEFE, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS Page 6 of 8 - 8/9/1999 17. 18. 19. CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION TO CITY COUNCIL TO DENY {APPLICATION NO. 776) AT THE REQUEST OF PAUL BRENT DURRETT, OWNER, FOR AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF SAID CITY FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD)TO HEAVY INDUSTRIAL DISTRICT (M-2) ON THE FOLLOWING DESCRIBED PROPERTY BEING TRACT 1: A4.990 ACRE PARCEL, THE NORTH ½ OF LOT 2: TRACT 2: A 5.1091 ACRE PARCEL, THE SOUTH ¼ OF LOT 2, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, H.T. & B.R.R. CO. SURVEY, A-243, VOLUME 2, PAGES 23-24, PLATE RECORDS OF BRAZORIA COUNTY, TEXAS (CULLEN BOULEVARD). CONSIDERATION AND POSSIBLE ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION TO CITY COUNCIL TO DENY {APPLICATION NO. 777) AT THE REQUEST OF PAUL BRENT DURRETT, OWNER, FOR AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF SAID CITY FROM CLASSIFICATION SU BURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL DISTRICT (M-2) ON THE FOLLOWING DESCRIBED PROPERTY BEING 8.842 ACRES IN THE H.T. & B.R.R. CO. SURVEY, A-243, A PORTION OF LOT 8, SECTION 19, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, VOLUME 2, PAGE 23, BRAZORIA COUNTY MAP RECORDS (1115 CULLEN) CONSIDERATION AND POSSIBLE ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION TO CITY COUNCIL TO DENY {APPLICATION NO. 773) AT THE REQUEST OF ANTHONY WELDED PRODUCTS, INC & FRANK SALVUCCI, SR., OWNERS, FOR AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF Page 7 of 8 - 8/9/1999 SAID CITY FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL DISTRICT (M-2) ON THE FOLLOWING DESCRIBED PROPERTY BEING LOT 33, SECTION 8, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, H.T. & B.R.R. CO. SURVEY, A-504, RECORDED IN VOLUME 2, PAGE 23, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (1930 GARDEN ROAD). OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE SECTION 551.074 - PERSONNEL - ANNUAL EVALUATION OF THE CITY ATTORNEY. SECTION 551-074 PERSONNEL MATTERS DISCUSSION CONCERNING APPOINTMENT OF THE BOARD OF DIRECTORS OF TAX INCREMENT REINVESTMENT ZONE NO. 2. NEW BUSINESS (CONTINUED): NEW BUSINESS (CONTINUED): 20. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE ANNUAL EVALUATION OF THE CITY ATTORNEY. 21. CONSIDERATION AND POSSIBLE ACTION - INSTRUCTION TO CITY STAFF REGARDING APPOINTMENT OF MEMBERS OF THE BOARD OF DIRECTORS OF TAX INCREMENT REINVESTMENT ZONE NO. 2. XII. ADJOURNMENT For special assistance, please call YOUNG LORFING at 281- 652-1655 prior to the meeting so that appropriate arrangements can be made. Page 8 of 8 - 8/9/1999