2002-07-08 CITY COUNCIL MEETING AGENDAAGENDA
CITY OF PEARLAND , CITY COUNCIL
JULY 08, 2002
7:30 p.m.
MAYOR
Tom Reid
Woody Owens
Mayor Pro-Tem
Position No. 2
Richard Tetens
Position No. 1
COUNCIL MEMBERS
Charles Viktorin
Position No. 3
Larry Marcott
Position No. 4
Bill Eisen
City Manager
Klaus Seeger
Position No. 5
Darrin Coker
City Attorney
Alan Mueller
Deputy City Manager
Young Lorfing
City Secretary'
In accordance with the Texas Open Meeting Act the Agenda is posted for public
information, at all times, for at least 72 hours preceding the scheduled time of the meeting
on the bulletin board located at the front entrance of the City Hall, :3519 Liberty Drive.
AGENDA REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON JULY 8, 2002, 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. MAYOR'S ACTIVITY REPORT
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:
Minutes of the June 24, 2002, Regular Council Meeting held at
7:30 p.m.
B. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION
ACCEPTANCE OF FAIRWAYS AT HIGHLAND GLEN SECTION
TWO. Mr. John Hargrove, City Engineer.
Ca
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
READING OF ORDINANCE NO. 509-588 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
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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.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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
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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 - SECOND AND FINAL
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 AND GRANTING.
A SPECIFIC USE PERMIT FOR STORAGE AND MINI-
WAREHOUSES ON THE FOLLOWING PROPERTY 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 Map/es, Executive Director of Community Services.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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 AND GRANTING
A SPECIFIC USE PERMIT FOR A CHURCH ON THE FOLLOWING
PROPERTY 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
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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.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL
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 - FIRST AND ONLY
READING OF ORDINANCE NO. 1067 - AN ORDINANCE ALTERING
THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES
UNDER THE PROVISIONS OF § 545.356, TEXAS TRANS-
PORTATION CODE, UPON THE BASIS OF AN ENGINEERING AND
TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND
HIGHWAYS, OF PARTS THEREOF, WITHIN THE 'CORPORATE
LIMITS OF THE CITY OF PEARLAND, AS SET OUT IN THIS
ORDINANCE; PROVIDING A PENALTY OF A FINE NOT TO
EXCEED $200 FOR THE VIOLATION OF THIS ORDINANCE; AND
DECLARING AN EMERGENCY. Mr. Darrin Coker, City Attorney.
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IX.
X.
3A.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE NO. 1068 - AN ORDINANCE
PROVIDING FOR THE APPROVAL OF AN AGREEMENT BETWEEN
THE STATE OF TEXAS AND THE CITY OF PEARLAND, FOR THE
INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION
AND MAINTENANCE OF HIGHWAY TRAFFIC SIGNALS/LIGHTING
AT THE INTERSECTION OF FM 518 AND THE ENTRANCE TO
WAL-MART, IN THE CITY OF PEARLAND; PROVIDING FOR THE
EXECUTION OF SAID AGREEMENT; AND DECLARING AN
EMERGENCY. Mr. Alan Mueller, Deputy City Manager.
MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-109 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION
SERVICES ASSOCIATED WITH THE PEARLAND PARKWAY
PROJECT. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-106 - 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 THE
MURILLO COMPANY FOR MATERIALS TESTING SERVICES
ASSOCIATED WITH THE PEARLAND PARKWAY PROJECT.
Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - REMOVE FROM
TABLE ORDINANCE NO. 509-591. City Council.
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,
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4A.
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
RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director
of Community Services.
CONSIDERATION AND POSSIBLE ACTION - REMOVE FROM
TABLE ORDINANCE NO. 509-585. City Council.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF
ORDINANCE NO. 509-585 - 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 73.328 ACRES CONSISTING OF THREE TRACTS: TRACT I:
BEING LOTS 9A AND 12A, OUT OF SECTION 12, H. T. & B. R.R.
COMPANY, SURVEY, A-508, BRAZORIA COUNTY, TEXAS; TRACT
I1: BEING 10.208 ACRES IN THE A.C.H. & B. SURVEY, SECTION 2,
A-507, BRAZORIA COUNTY, TEXAS, BEING ALL OF LOTS A & F,
L.W. MURDOCK SUBDIVISION AS RECORDED IN VOLUME 29,
PAGE 174, DEED RECORDS OF BRAZORIA COUNTY, TEXAS, AND
BEING PART OF THE LAND CONVEYED BY THOMAS F.
ALEXANDER TO JOHN ALEXANDER, TRUSTEE, BY DEED DATED
MAY 20, 1960, AND RECORDED IN VOLUME 767, PAGE 299,
AMONG THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS;
AND TRACT II1:23.12 ACRES, BEING LOT 9, SECTION 12, H. T. &
B. R.R. CO. SURVEY, A-508, BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 1035) (VETERANS ROAD) FROM
CLASSIFICATION HEAVY INDUSTRIAL DISTRICT (M-2) AND
COMMERCIAL DISTRICT (C) TO SINGLE FAMILY DISTRICT
PLANNED UNIT DEVELOPMENT (R-2 PUD) AT THE REQUEST OF
JAMES CORNELIUS OF SOWELL & COMPANY, AGENT FOR
THREE G INVESTMENTS, OWNERS, PROVIDING FOR AN
AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE
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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. 1066 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY .OF PEARLAND, TEXAS, APPROVING THE
ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 19 OF APPROXIMATELY 38.0052 ACRES OF LAND.
Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-108 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING A CHANGE ORDER FOR
CONSTRUCTION SERVICES ASSOCIATED WITH THE FAR
NORTHWEST WATER PLANT. Mr. Bi//Eisen, City Manager.
=
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-107 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, APPROVING SUPPLEMENTAL AGREE-
MENTS FOR ENGINEERING AND SURVEYING SERVICES
ASSOCIATED WITH THE MAGNOLIA ROAD OVERPASS.
Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO.
R2002-110 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR THE SALE OF
REAL PROPERTY OWNED BY THE CITY OF PEARLAND.
Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - RATIFICATION OF
CHANGE ORDER AND EMERGENCY EXPENDITURE FOR THE
NOTTINGHAM STREET PROJECT. Mr. Alan Mueller, Deputy City
Manager.
OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY-
REGARDING PENDING LITIGATION- OFI INVESTMENTS VS.
CITY OF PEARLAND. City Council.
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SECTION 551. 071 - CONSULTATION WITH CITY ATTORNEY-
REGARDING PENDING LITIGATION - ANTHONY WELDED
PRODUCTS VS. CITY OF PEARLAND. City Council.
SECTION 551. 071 - CONSULTATION .WITH CITY ATTORNEY-
REGARDING POTENTIAL LITIGATION - PLATTING ISSUES.
City Council.
NEW BUSINESS (CONTINUED):
10. CONSIDERATION AND POSSIBLE ACTION - REGARDING
PENDING LITIGATION - CFI INVESTMENTS VS. CITY OF
PEARLAND. City Council.
11. CONSIDERATION AND
POSSIBLE ACTION - REGARDING
PENDING LITIGATION - ANTHONY WELDED PRODUCTS VS. CITY
OF PEARLAND. City Council.
12. CONSIDERATION AND POSSIBLE ACTION - REGARDING
POTENTIAL LITIGATION - PLATTING ISSUES. City Council.
Xl. ADJOURNMENT ~
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made.
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