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2000-06-26 CITY COUNCIL MEETING AGENDAAGENDA- REGULAR MEETING OFTHE CITY COUNCIL OFTHE CITY OF PEARLAND, TEXAS, TO BE HELD ON JUNE 26, 2000, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I. CALL TO ORDER I1. INVOCATION AND PLEDGE OF ALLEGIANCE II1. APPROVAL OF MINUTES: 1. Minutes of the June 5, 2000, Public Hearing held at 6:30 p.m. 2. Minutes of the June 6, 2000, Special Meeting held at 7:00 p.m. 3. Minutes of the June 12, 2000, Joint Public Hearing held at 6:30 p.m. 4. Minutes of the June 12, 2000, Regular Council Meeting held at 7:30 p.m. IV. MAYOR'S ACTIVITY REPORT V. COUNCIL ACTIVITY REPORTS VI. CITY MANAGER'S REPORT VII. CITIZENS VIII. DOCKETED PUBLIC HEARING: None IX. CONSENT AGENDA: ALL ITEMS LISTED UNDER THE "CONSENT AGENDA" ARE CONSIDERED TO BE ROUTINE, AND REQUIRE LI'I-FLE 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 CONSENTAGENDA). APPROVAL OF THE CONSENT AGENDA ENACTS THE ITEMS OF LEGISLATION. Page 1 of 7 - 6/26/2000 CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 960 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REVISING THE CAPITAL IMPROVEMENTS PLAN FOR THE CITY OF PEARLAND; UPDATING IMPACT FEES IN ACCORDANCE WITH STATE LAW; MAKING CERTAIN FINDINGS; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION AND AN EFFECTIVE DATE. Mr. Michael Ross, Projects Manager. CONSIDERATION AND POSSIBLE ACTION- SECOND AND FINAL READING OF ORDINANCE NO. 971 AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (NEAR THE NORTHWEST CORNER OF STATE HIGHWAY 288 AND FM 2234) AT THE REQUEST OF PEARLAND INVESTMENTS, L.P~; APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. Mr. Alan Mueller, Deputy City Manager. Ow CONSIDERATION AND POSSIBLE ACTION- SECOND AND FINAL READING OF ORDINANCE NO. 509-F - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND (ORDINANCE NO. 509), AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, BY ADDING NEW SUBSECTIONS TO REGULATE LAND USE WITHIN THE CITY LIMITS OF PEARLAND; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Alan Mueller, Deputy City Manager. Page 2 of 7 - 6/26/2000 CONSIDERATION AND POSSIBLE ACTION- SECOND AND FINAL READING OF ORDINANCE NO. 867-1 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION 9.153, ADOPTED, OF ARTICLE VII, ELECTRICAL CODE, OF CHAPTER 9, ELECTRICITY, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, BY ADDING A NEW SUBSECTION TO ALLOW THE USE OF MODULAR OR MANUFACTURED LIGHTING SYSTEMS FOR LIMITED 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. Mr. Gene Tumlinson, Director of Community Development and Services. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OFORDINANCE NO. 509-461 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY AND GRANTING A SPECIFIC USE PERMIT FOR A STORAGE FACILITY(MINI, CLIMATE, BOAT & OPEN STORAG~ ON THE FOLLOWING PROPERTY, TO-WIT BEING 4.9989 ACRES OUT OF LOTS 6 & 7, ALLISON RICHEY GULF COAST HOME CO. PART OF SUBURBAN GARDENS, SECTION 20, H.T. & B.R.R. CO. SURVEY, A-506, BRAZORIA COUNTY, TEXAS ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 2, PAGES 23-24 PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 912 & SPECIFIC USE NO. 83) (8909 HUGHES RANCH ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS - SPECIFIC USE (GB-S) AT THE REQUEST OF BOBBY CRAIG & BILLY CRAIG, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Gene Tumlinson, Director of Community Development and Services. Page 3 of 7 - 6/26/2000 CONSIDERATION AND POSSIBLE ACTION- SECOND AND FINAL READING OF ORDINANCE NO. 509-462 - 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 10.00 ACRES SITUATED IN THE SOUTHWEST 1/4 OF THE NORTH 1/4 OF SECTION 17, H.T. & B.R.R. CO. SURVEY, A- 242, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 913) (CHOCOLATE BAYOU ROAD @ FITE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF CHARLIE EASON OF HARDCASTLE REAL ESTATE, AGENT FOR BASIL L. COGBILL, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Gene Tumlinson, Director of Community Development and Services. CONSIDERATION AND POSSIBLE ACTION- SECOND AND FINAL READING OF ORDINANCE NO. 509-463 - 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 1.103 ACRES BEING LOT 1 OF GABRIEL ENTERPRISES, H.T. & B.R.R. CO. SURVEY, A-219, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 918) (5915 BROADWAY) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF CHARLIE EASON, AGENT FOR STAN LESLIE, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Gene Tumlinson, Director of Community Development and Services. Page 4 of 7 - 6/26/2000 Hm CONSIDERATION AND POSSIBLE ACTION- SECOND AND FINAL READING OF ORDINANCE NO. 509-464 - 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 PEARl_AND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING .460 ACRES, A.K.A. TRACT 301A, H.T. & B.R.R. CO. SURVEY, A-309, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 906) (3054 OLD CHOCOLATE BAYOU ROAD) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-l) TO NEIGHBORHOOD SERVICES DISTRICT (NS) AT THE REQUEST OF LONNIE TURNER, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Gene Tumlinson, Director of Community Development and Services. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-465 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING THE WEST 2 ACRES OF THE SOUTH ~ OF LOT 9, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 10, H.T. & B.R.R. CO. SURVEY, A-505, BRAZOR!A COUNTY, TEXAS, ACCORDING TO THE PLAT AS RECORDED IN VOLUME 2, PAGE 24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 919) (13535 STONE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF VICTOR & MICHELLE PATTERSON, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Gene Tumlinson, Director of Community Development and Services. Page 5 of 7 - 6/26/2000 MA~'rERS REMOVED FROM CONSENT AGENDA NEW BUSINESS CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2000-81 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY OF PEARl_AND TO JOIN IN A COALITION TO INTERVENE IN PROCEEDINGS RELATING TO THE APPLICATION OF RELIANT ENERGY, INC. FOR APPROVAL OF UNBUNDLED COST OF SERVICE; AUTHORIZING THE CITY ATTORNEY TO REPRESENT THE CITY AND TO TAKE APPROPRIATE ACTIONS RELATING TO SUCH PROCEEDINGS; MAKING CERTAIN FINDINGS RELATED THERETO. Mr. Nghiem Doan, Assistant City Attomey. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2000-82 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A DEVELOPMENT AGREEMENT WITH SOWELL PROPERTY PARTNERS-WALNUT BEND, L.P., A TEXAS LIMITED PARTNERSHIP, FOR TRAFFIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF THE PARKS AT WALNUT BEND SUBDIVISION. Mr. Alan Mueller, Deputy City Manager. CONSIDERATION AND POSSIBLE ACTION - APPOINTMENT OF PEARLAND INDEPENDENT SCHOOL DISTRICT TAX ASSESSOR (JO KNIGHT) TO CALCULATE AND PUBLISH THE EFFECTIVE TAX RATE AND ROLLBACK TAX RATE FOR 2000. Mr. Glen Erwin, City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2000-83 - 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 WALSH/FREESE AND NICHOLS, INC.- LOCKWOOD, ANDREWS & NEWMAN FOR ENGINEERING SERVICES ASSOCIATED WITH THE DESIGN AND CONSTRUCTION OF PEARLAND PARKWAY BEGINNING 1700 FEET NORTH OF FM 518 TO BELTWAY 8. Mr. Alan Mueller, Deputy City Manager. Page 6 of 7 - 6/26/2000 CONSIDERATION AND POSSIBLE ACTION - COUNCIL ACCEPTANCE OF SUNRISE LAKES SECTION 2 SUBDIVISION. Mr. John Hargrove, City Engineer. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-466 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USEAND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY AND GRANTING A SPECIFIC USE PERMIT FOR A PLUMBING CONTRACTOR SHOP WITH OUTSIDE STORAGE ON THE FOLLOWING PROPERTY, TO-WIT BEING TRACT I: 1 ACRE BEING LOT 3, GABRIEL ENTERPRISES AND TRACT Ih 1.78 ACRES BEING LOT 36H3 OUT OF THE H.C. JOHNSON 99 ACRE TRACT, A-219, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 917 & SPECIFIC USE NO. 88) (2617 LAZY BEND) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS - SPECIFIC USE (GB-S) AT THE REQUEST OF CHARLIE EASON, AGENT FOR STAN LESLIE, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Gene Tumlinson, Director of Community Development and Services. OTHER BUSINESS: Xll. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Young Lorfing at 281 652-1655 prior to the meeting so that appropriate arrangements can be made. Page 7 of 7 - 6/26/2000