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2004-07-12 CITY COUNCIL MEETING AGENDAAGENDA CITY OF PEARLAND , CITY COUNCIL July 12, 2004 7:30 p.m. MAYOR Tom Reid Richard Tetens Position No. 1 Charles Viktorin Mayor Pro-Tem Position No. 3 COUNCIL MEMBERS Woody Owens Position No. 2 Larry Marcott Position No. 4 Bill Eisen City Manager Kevin Cole Position No. 5 Darrin Coker City Attorney Alan Mueller Deputy City Manager Young Lorf'mg City Secretary IIn 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 12, 2004, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. II. III. IV. V. VI. CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE MAYOR'S ACTIVITY REPORT COUNCIL ACTIVITY REPORTS CITY MANAGER'S REPORT 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 (IX. MATTERS REMOVED FROM CONSENT AGENDA). APPROVAL OF THE CONSENT AGENDA ENACTS THE ITEMS OF LEGISLATION. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the June 21, 2004, Joint Public Hearing held at 6:30 p.m. 2. Minutes of the June 28, 2004, Regular Council Meeting held at 7:30 p.m. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF BELLAVITA AT GREEN TEE SECTION FOUR. Mr. Doug Kneupper, City Engineer. Page 1 of 5 - 7/12/2004 C= Dg G= IX. X. 1. CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE LAWRENCE PLACE. Mr. Doug Kneupper, City Engineer. CONSIDERATION AND POSSIBLE ACTION - EXCUSE ABSENCE OF MAYOR TOM REID FROM THE REGULAR COUNCIL MEETINGS HELD ON MAY 24, 2004 AND JUNE 28, 2004. City Council. CONSIDERATION AND POSSIBLE ACTION - EXCUSE ABSENCE OF COUNCILMEMBER RICHARD TETENS FROM THE REGULAR COUNCIL MEETING HELD ON JUNE 28, 2004. City Council. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 1172 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE AND A TWENTY-FOOT (20') ACCESS EASEMENT FOR THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attomey. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2004-113 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE OF AMMONIA AND CHLORINE DISPENSING EQUIPMENT. Mr. Bill Eisen, City Manager. MATTERS REMOVED FROM CONSENT AGENDA NEW BUSINESS CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-725 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN Page 2 of 5 - 7/12/2004 DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 2.00 ACRES, BEING OUT OF LOTS 168 AND 169, ZYCHLINSKI SUBDIVISION, ABSTRACT 308, SECTION 27, H.T. & B.R.R. COMPANY SURVEY, AS RECORDED IN VOLUME 29, PAGE 9, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS (LOCATED AT 3418 WARREN ROAD) (APPLICATION NO. 1176) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF DENNIS AND PHYLLIS OMO, 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. Ms. Lata Krishnarao, Planning Manager. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-726 - 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 1.00 ACRE TRACT OF LAND OUT OF LOT 21 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, A PART OF SUBURBAN GARDENS, SECTION 20, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 506, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2, PAGE 23 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (LOCATED AT 2109 LINDA LANE) (APPLICATION NO. 1177) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF JESUS GUARDADO, 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. Ms. Lata Krishnarao, Planning Manager. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 943-9 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE CITY'S COMPREHENSIVE PLAN BY ADDING SECTION II, 2004 COMPREHENSIVE PLAN UPDATE AS A GUIDE FOR PRESERVING Page 3 of 5 - 7/12/2004 A SENSE OF COMMUNITY, ATTRACTIVENESS AND SAFETY IN PEARLAND; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR CODIFICATION. Ms. Lata Krishnarao, Planning Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO, R2004-111 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT WITH S & B INFRASTRUCTURE FOR ENGINEERING SERVICES ASSOCIATED WITH THE MAGNOLIA ROAD SEWER PROJECT. Mr. Bill £isen, City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2004-112 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE BUILD-OUT OF THE FIRE MARSHAL, EMS AND EOC FACILITIES. Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO, R2004-114 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A UNIT PRICE BID FOR SEWER REHABILITATION AND MAINTENANCE. Mr. Bill £isen, City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO, R2004-116 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ASSOCIATED WITH THE CITY'S 2004 PUBLIC FACILITIES APPLICATION. Mr. Bill Eisen, City Manager. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY - REGARDING LITIGATION - CITY FACILITIES. Mr. Darrin Coker, City A t to m ey. Page 4 of 5 - 7/12/2004 2. SECTION 551.074- PERSONNEL MATTERS: REGARDING A VACANCY ON THE PLANNING AND ZONING COMMISSION. City Council. NEW BUSINESS (CONTINUED): 8. CONSIDERATION AND POSSIBLE ACTION - REGARDING LITIGATION- CITY FACILITIES. Mr. Darrin Coker, City Attomey. 9. CONSIDERATION AND POSSIBLE ACTION - REGARDING A VACANCY ON THE PLANNING AND ZONING COMMISSION. City Council. XI. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Young Lorfin.q at 281-652-1655. prior to the meeting so that appropriate arrangements can be made. Page 5 of 5 - 7/12/2004