2002-04-22 CITY COUNCIL MEETING AGENDAAGENDA
CITY OF PEARLAND , CITY COUNCIL
APRIL 22, 2002
7:30 p.m.
MAYOR
Tom Reid
Richard Tetens
Position No. 1
Larry Marcott
Mayor Pro-Tem
Position No. 4
COUNCIL MEMBERS
WOody Owens
Position No. 2
Larry Wilkins
Position No. 3
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.
AMENDED AGENDA
AGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON APRIL 22, 2002, AT 7:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
II.
III.
IV.
V.
VI.
VII.
VIII.
CALL TO ORDER
INVOCATION AND PLEDGE OF ALLEGIANCE
MAYOR'S ACTIVITY REPORT
1. Proclamation -"15th Annual Cra, dad Jamboree Day"
COUNCIL ACTIVITY REPORTS
CITY MANAGER'S REPORT
CITIZENS
DOCKETED PUBLIC HEARING: None
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.
CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF
MINUTES:
Minutes of the April 8, 2002, Regular Council Meeting held at
7:30 p.m.
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CONSIDERATION AND POSSIBLE ACTION
ACCEPTANCE OF SHADOW CREEK
Mr. John Hargrove, City Engineer.
SUBDIVISION
RANCH SF-5.
CONSIDERATION AND POSSIBLE ACTION SUBDIVISION
ACCEPTANCE OF WEST OAKS VILLAGE SECTION FOUR.
Mr. John Hargrove, City Engineer.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 943-6 - AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING FIGURE 5.1(CULLEN ROAD AREA), LAND USE
PLAN, OF THE CITY'S COMPREHENSIVE PLAN AS A GUIDE
FOR PRESERVING 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. Mr. Tobin Maples, Executive Director of
Community Services.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 1026-1- AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING CHAPTER 29, ARTICLE XVI,
TRUCK TRAFFIC, OF THE CITY OF PEARLAND CODE OF
ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME
AMENDED, PROVIDING AN EMERGENCY CLAUSE 'BECAUSE
THE NEED TO REGULATE TRUCK ROUTES INURES TO THE
BENEFIT OF THE TRAVELING PUBLIC; AND, THEREFORE,
BEARS DIRECTLY UPON THE HEALTH SAFETY AND WELFARE
OF THE CITIZENRY, PROVIDING FOR ENFORCEMENT AND
PENALTIES, AND CONTAINING OTHER MATTERS RELATING
TO THE SUBJECT; PROVIDING A PENALTY FOR VIOLATION;
HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE; A
SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION,
PUBLICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City
Attorney.
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IX.
X.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 1059 - AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING CHAPTER 13, HEALTH AND SANITATION, OF THE
CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE
BEEN, FROM TIME TO TIME, 'AMENDED, FOR THE PURPOSE
OF REGULATING THE MAINTENANCE OF STORMWATER
STORAGE FACILITIES; PROVIDING A PENALTY FOR
VIOLATION; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AND REPEALER CLAUSE;
PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 1058 - AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
ADOPTING A RETAIL ELECTRIC PROVIDER REGISTRATION
FORM. Mr. Darrin Coker, City Attomey.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. 2002-61- A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS, CHANGING THE REGULAR
MEETING TIMES AND DATES FOR MAY 2002. Mr. Darrin Coker,
City Attorney.
MATTERS REMOVED FROM CONSENT AGENDA
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION - FIRST READING
OF ORDINANCE NO. 509-582 - AN ORDINANCE OF THE CITY
OF COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 509, THE LAND AND USE AND URBAN
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND,
TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION
BEING LOTS 12-15, BLOCK 2, COLONIAL ESTATES
SUBDIVISION, BRAZORIA COUNTY, TEXAS (APPLICATION NO.
1030) (3610 MCCLEAN) FROM CLASSIFICATION SINGLE
FAMILY DWELLING DISTRICT (R-l) TO NEIGHBORHOOD
SERVICES DISTRICT (NS) AT THE REQUEST OF PRAVIN AND
JAGDISHBHAI PATEL, OWNERS, PROVIDING FOR AN
AMENDMENT OF THE LAND USE DISTRICT MAP;
CONTAINING A SAVINGS CLAUS, A SEVERABILITY CLAUSE,
AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO
THE SUBJECT. Mr. Tobin Maples, Executive Director of
Community Services.
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CONSIDERATION AND POSSIBLE ACTION - FIRST READING
OF ORDINANCE NO. 509-583 - 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 MINI STORAGE
WAREHOUSE ON THE FOLLOWING PROPERTY, BEING 2.316
ACRES, OUT OF 3.322 ACRES, OUT OF A PORTION OF THE H.
STEVENS SURVEY, A-594, BEING ADJACENT TO AND EAST
OF STATE HIGHWAY 35 OF BRAZORIA COUNTY, TEXAS
(SPECIFIC USE NO. 106)(4147 MAIN STREET) FROM
CLASSIFICATION LIGHT INDUSTRIAL DISTRICT (M-l) TO
LIGHT INDUSTRIAL - SPECIFIC USE (M-1 (S)) AT THE REQUEST
OF RONALD LEISTAD AND REED LEISTAD, 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 Maples,
Executive Director of Community Services.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING
OF ORDINANCE NO. 509-584 - 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 2.573 ACRES, BEING THE NORTH 1/2 OF LOT 25,
RECORDED IN VOLUME 306, PAGE 379, DEED RECORDS OF
BRAZORIA COUNTY, TEXAS, ALLISON RICHEY GULF COAST
HOME COMPANY SUBDIVISION, H.T.& B.R.R. COMPANY
SURVEY, A-219, BRAZORIA COUNTY, TEXAS (APPLICATION
NO. 1031) (O'DAY ROAD) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE
FAMILY DISTRICT (RE) AT THE REQUEST OF CAROLINA
HERNANDEZ, 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.
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CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. 2002-65- A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS, APPROVING WORK
AUTHORIZATIONS #9 AND 10 FOR SURVEY, H & H DESIGN,
ENVIRONMENTAL AND GEO-TECHNICAL SERVICES FOR THE
BARRY ROSE AND YOST ROAD IMPROVEMENT PROJECTS
ASSOCIATED WITH THE PEARLAND MOBILITY AND
DRAINAGE BOND PROGRAM. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. 2002-66 - 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 SHADOW CREEK PARKWAY SEWER
PROJECT, PHASE II. Mr. Bill Eisen, City Manager.
CONSIDERATION AND POSSIBLE ACTION - REGARDING THE
RELIANT ENTEX COST OF SERVICE INCREASE. Mr. Darrin
Coker, City Attorney.
CONSIDERATION AND POSSIBLE ACTION - REGARDING
CONCURRENCE ON BRIO STORM SEWER PLAN FOR DIXIE
FARM ROAD. Mr. Alan Mueller, Deputy City Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. 2002-62- A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT
AMENDMENT WITH CORRIGAN CONSULTING, INC. FOR
ENGINEERING SERVICES ASSOCIATED WITH THE PEARLAND
PARKWAY WETLANDS PERMIT. Mr. Alan Mueller, Deputy City
Manager.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. 2002-63- A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO CONTRACTS
WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR
THE REPLACEMENT OF FOUR BRIDGES THROUGH THE OFF-
SYSTEM BRIDGE REPLACEMENT PROGRAM. Mr. Alan Mueller,
Deputy City Manager.
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10.
11.
12.
CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. 2002-64- 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 COUNTY FOR
THE REGULATION OF SUBDIVISION PLATTING WITHIN THE
CITY'S EXTRATERRITORIAL JURISDICTION. Mr. Darrin Coker,
City Attorney.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING
OF ORDINANCE NO. 741-3- AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
CHAPTER 27, SUBDIVISIONS, OF THE CITY OF PEARLAND
CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME
TO TIME, AMENDED, FOR THE PURPOSE OF PROMOTING
ORDERLY DEVELOPMENT IN THE CITY AND ITS
EXTRATERRITORIAL JURISDICTION; PROVIDING A PENALTY
FOR VIOLATION; CONTAINING A SAVING CLAUSE, A
SEVERABILITY CLAUSE, AND A REPEALER CLAUSE;
PROVIDING FOR CODIFICATION AND EFFECTIVE DATE.
Mr. Alan Mueller, Deputy City Manager.
CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY
READING OF ORDINANCE 'NO. 1025-4 - AN ORDINANCE OF
THE cITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING ORDINANCE NO. 1025, THE 2001-2002 ANNUAL
BUDGET ORDINANCE, BY AUTHORIZING CERTAIN ADDITIONS
TO THE GENERAL FUND FOR MUNICIPAL PURPOSES;
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
TAKE ALL ACTIONS NECESSARY TO FACILITATE THE
CHANGES IDENTIFIED HEREIN WITHOUT FURTHER
APPROVAL OF CITY COUNCIL; PROVIDING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE,
AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY
BECAUSE THE NEED TO ADJUST THE CITY BUDGET INURES
TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS
DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF
THE CITIZENRY. Mr. Alan Mueller, Deputy City Manager.
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OTHER BUSINESS:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.071 - CONSULTATION WITH ATTORNEY:
REGARDING POTENTIAL LITIGATION - ASSOCIATED WITH
THE ACQUISITION OF INVESTOR OWNED UTILITIES.
Mr. Darrin Coker, City Attorney.
SECTION 551.071 - CONSULTATION WITH ATTORNEY:
REGARDING POTENTIAL LITIGATION - ASSOCIATED WITH
TRADEMARK INFRINGEMENTS. Mr. Darrin Coker, City Attomey.
NEW BUSINESS (CONTINUED):
13.
CONSIDERATION AND POSSIBLE ACTION -INSTRUCTION TO
THE CITY ATTORNEY REGARDING POTENTIAL LITIGATION -
ASSOCIATED WITH THE ACQUISITION OF INVESTOR OWNED
UTILITIES. Mr. Darrin Coker, City Attorney.
14.
CONSIDERATION AND POSSIBLE ACTION -INSTRUCTION TO
THE CITY ATTORNEY REGARDING POTENTIAL LITIGATION -
ASSOCIATED WITH TRADEMARK INFRINGEMENTS.
Mr. Darrin Coker, City Attorney.
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.
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