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2000-09-11 CITY COUNCIL MEETING AGENDAAGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON SEPTEMBER 11, 2000, 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: 1. Minutes of the August 28, 2000, Joint Public Hearing held at 6:30 p.m. 2. Minutes of the August 28, 2000, (Tax) Public Hearing held at 7:00 p.m. 3. Minutes of the August 28, 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 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 CONSENTAGENDA). APPROVAL OF THE CONSENT AG ENDA ENACTS THE ITEMS OF LEGISLATION. Page 1 of 8 - 9/11/2000 CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 986 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING INTENTION TO REIMBURSE PROJECT EXPENDI- TURES; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. Mr. Alan Mueller, Deputy City Manager. CONSIDERATION AND POSSIBLE ACTION - SECONDAND FINAL READING OF ORDINANCE NO. 985 - AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000, AND ENDING SEPTEMBER 30, 2001. Mr. Jim Causey, Finance Director. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 984 - AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR 2000, AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE. Mr. Jim Causey, Finance Director. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-484- AN ORDINANCE OFTHE 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 SCHOOL ON THE FOLLOWING PROPERTY, BEING 79.5168 ACRES BEING ALL OF LOT 17, SECTION 12, H. T. & B. R.R. CO. SURVEY, A-508, BRAZORIA CO., TX (SPECIFIC USE NO. 89) (MCLEAN ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SUBURBAN DEVELOPMENT DISTRICT - SPECIFIC USE (SD-S) AT THE REQUEST OF KENNETH R. BLACK OF COBOURN LINSEISEN & RATCLIFF, INC. AGENT FOR PEARLAND INDEPENDENT SCHOOL DISTRICTOWNER, PROVIDING FORAN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE Page 2 of 8 - 9/11/2000 Xm DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Director of Administrative Support. Em CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-485 -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 10.00 ACRE TRACT OF LAND OUT OF LOTS 28 & 29, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION 20, H.T. & B.R.R. CO. SURVEY, A-506, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 937) (SUNRISE LAKE "EAST") FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT THE REQUEST OF KEN CAFFEY, AGENT FOR AMVEST PROPERTIES, 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. Mr. Tobin Maples, Director of Administrative Support. MA'I'rERS REMOVED FROM CONSENT AGENDA NEW BUSINESS CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 224-14 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 7, BUILDING, OF THE CITY OF PEARLAND CODE OF ORDINANCES (ORDINANCE NO. 224), AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO ADOPT SECTION 7-13.1, AMENDMENTS; MODIFICATIONS; ADDITIONS; DELETIONS; 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. Page 3 of 8 - 9/11/2000 CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2000-91 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR PLANS, SPECIFICATIONS, AND ENGINEERING ASSOCIATED WITH THE DIXIE FARM ROAD PROJECT. Mr. Michael Ross, Project Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2000-98 - 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 CARTER & BURGESS, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE SHADOWCREEK PARKWAY SEWER PROJECT, PHASE II. Mr. Alan Mueller, Deputy City Manager. CONSIDERATION AND POSSIBLE ACTION - DIRECTIVE TO STAFF TO INITIATE A SERVICE PLAN FOR THE ANNEXATION OF LAND AREA 1: SOUTH OF SHADOW CREEK/WEST OF CR48, AREA 2: BOUNDED BY BW 8, HOPPER, ALMEDA SCHOOL ROAD, AND RILEY ROAD, AREA 3: NORTHWEST CORNER OF FM 1128 AND CR 101, AREA 4: SOUTH OF CR 100/NORTH OF CR 128, AREA 5: SOUTHWEST CORNER OF SH 35 AND DIXIE FARM ROAD, AREA 6: WEST OF GREEN TEE. Mr. Alan Mueller, Deputy City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2000-100 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONSENTING TO THE CREATION OF FORT BEND COUNTY FRESH WATER SUPPLY DISTRICT NO. 1. Mr. Darrin Coker, City Attorney. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2000-103 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN ADDENDUM TO THE DEVELOPMENT AGREEMENT WITH BEAZER HOMES TEXAS L.P., A TEXAS LIMITED PARTNERSHIP ("DEVELOPER"), TO Page 4 of 8 - 9/11/2000 10. 11. PROPERLY IDENTIFY THE GOLF COURSE REFERRED TO IN THE AGREEMENT. Mr. Darrin Coker, City Attorney. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 987 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF SUBDIVISION ENTRYWAY TREATMENTS INTO THE CITY'S RIGHTS-OF-WAY LOCATED AT THE INTERSECTIONS OF BAILEY ROAD AT QUAIL RUN DRIVE AND HARKEY ROAD AT RAVENWOOD DRIVE, IN THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS. Mr. Tobin Maples, Director of Administrative Support. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2000-99 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PUBLICATION OF THE PARKS AND RECREATION CLASS PROGRAM BROCHURE. Mr. Ed Hersh, Parks and Recreation Director. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2000-101 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE OF PLAYGROUND EQUIPMENT FOR C. J. HARRIS ELEMENTARY SCHOOL TO PAUL ALLEN CO. IN AN AMOUNT NOT TO EXCEED $49,300.00. Mr. Ed Hersh, Parks and Recreation Director. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2000-102 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONCRETE PAVING AT THE CITY'S FIRE TRAINING FACILITY TO IDEAL CONSTRUCTION SERVICES IN AN AMOUNT NOT TO EXCEED $29,388.00~ Mr. Gordon Island, Purchasing Officer. CONSIDERATION AND POSSIBLE ACTION - EXCUSE ABSENCE OF COUNCILMEMBER WOODY OWENS FROM THE REGULAR COUNCIL MEETING HELD ON AUGUST 28, 2000. City Council. Page 5 of 8 - 9/11/2000 12. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-486 - 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 11.423 ACRES OUT OF 27.056 ACRE TRACT, OUT OF A 48.035 ACRE TRACT OUT OF THE EASTERLY PART OF 94.243 ACRE TRACT, F.B. DRAKE SURVEY, A-1181, AND THE H. T. & B. R.R. CO. SURVEY, A-413, AS RECORDED IN VOL. 1288, PAGE 299, DEED RECORDS OF HARRIS COUNTY, TX (APPLICATION NO. 935) (3250 SOUTH SAM HOUSTON PARKWAY EAST) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) ATTHE REQUEST OF, DAVID E. BODDIE, AGENT FOR INDUSTRIAL POLYMERS CORPORATION 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, Director of Administrative Support. 13. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-487 - 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 2.289 ACRE TRACT OF LAND IN SECTION 21, H. T. & B. R.R. CO. SURVEY, A-309, BRAZORIA CO., TX, AS RECORDED IN VOL. 2, PAGE 23, PLAT RECORDS OF BRAZORIA CO., TX (APPLICATION NO. 936) (SOUTHWEST CORNER OF BROADWAY ST AND CULLEN BLVD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF PEACOCK PROPERTIES, INC., AGENT FOR METHODIST BOARD OF MISSIONS OF HOUSTON DISTRICTS, INC., OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE Page 6 of 8 - 9/11/2000 DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Director of Administrative Support. 14. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-488 - 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 TRACT h 6 ACRES AND TRACT II: 0.216 ACRES BOTH BEING PART OF 6.62671 ACRE TRACT AND A PART OF 6.1264 ACRE TRACT, IN LOTS 5 & 6, JAMES HAMILTON SURVEY, A-881, HARRIS CO., TX, VOL. 83, PAGE 342, DEED RECORDS OF HARRIS CO., TX (APPLICATION NO. 938) (14011 SOUTH FREEWAY) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF LUCY MARIE WOODS, AGENT FOR LINDA GREESON, AGENT FOR SOUTHWAY COMMUNITY 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, Director of Administrative Support. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE SECTION 551,071 CONSULTING WITH CITY A'R'ORNEY REGARDING POTENTIAL LITIGATION ASSOCIATED WITH LAND USE CHANGES. Mr. Darrin Coker, City Attorney. SECTION 551,071 CONSULTING WITH CITY ATTORNEY REGARDING POTENTIAL LITIGATION ASSOCIATED WITH LAND USE CHANGES. Mr. Darrin Coker, City Attorney. Page 7 of 8 - 9/11/2000 NEW BUSINESS (CONTINUED): 15. CONSIDERATION AND POSSIBLE ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING POTENTIAL LITIGATION ASSOCIATED WITH LAND USE. Mr. Darrin Coker, City Attorney. 16. CONSIDERATION AND POSSIBLE ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING POTENTIAL LITIGATION ASSOCIATED WITH LAND USE. Mr. Darrin Coker, City Attorney. XII. 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. 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