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2002-02-25 CITY COUNCIL MEETING AGENDAAGENDA CITY OF PEARLAND , CITY COUNCIL FEBRUARY 25, 2002 7:30 p.m. MAYOR Tom Reid Larry Marcott Mayor Pro-Tem Position No. 4 COUNCIL MEMBERS Richard Tetens Position No. 1 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 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 FEBRUARY 25, 2002, 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. 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 AGENDAAND CONSIDERED BY SEPARATE ACTION (X. MA TTERS REMOVED FROM CONSENT AGENDA). APPROVAL OF THE CONSENT AGENDA ENACTS THE ITEMS OF LEGISLATION. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: MinuteS of the February 11,2002, Joint Public Hearing held at 6:30 p.m. Minutes of the February 11, 2002, Regular Council Meeting held at 7:30 p.m. Page 1 of 8 - 2/25/2002 CONSIDERATION AND POSSIBLE ACTION- SECOND AND FINAL READING OF ORDINANCE NO. 943-4 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING FIGURE 5.1, 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 - SUBDIVISION ACCEPTANCE OF BELLAVITA SECTION TWO. Mr. John Hargrove, City Engineer. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR DEMOLITION SERVICES ASSOCIATED WITH THE FEMA BUY-OUT PROGRAM. Mr. Gordon Island, Purchasing Officer. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL COOPERATIVE PRICING ARRANGEMENT WITH THE HOUSTON- GALVESTON AREA COUNCIL (HGAC) FOR THE PURCHASE OF ROLLING STOCK VEHICLES. Mr. Gordon Island, Purchasing Officer. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-34 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PURCHASE OF A TRACK DOZER. Mr. Gordon Island, Purchasing Officer. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 1053 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENAMING BIG SPRINGS COURT AS CYPRESS BEND COURT; SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; Page 2 of 8 - 2/25/2002 IX, X. PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ASSIGN STREETS DISSIMILAR NAMES TO PREVENT CONFUSION AMONG EMERGENCY SERVICE PROVIDERS INURES TO THE BENEFIT OF THE GENERAL PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Darrin Coker, City Attorney. CONSIDERATION AND POSSIBLE ACTION - REGARDING REAPPOINTMENT OF VICKY PREBLISKY AND PENNY WOODWARD TO SERVE ON THE LIBRARY BOARD FOR A THREE-YEAR TERM. Mayor Reid MATTERS REMOVED FROM CONSENT AGENDA NEW BUSINESS CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-567 - 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 4.69 ACRES, BEING LOT 7A, WHICH IS THE SOUTH 1/2 OF LOT 7, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SUBURBAN GARDENS, SECTION 19, H. T. & B. R.R. COMPANY SURVEY, A-243, AS RECORDED IN VOLUME 111, PAGE 184, DEED RECORDS OF BRAZORIA COUNTY, TEXAS (SPECIFIC USE NO. 100) (2109 CULLEN BOULEVARD) FROM CLASSIFICATION COMMERCIAL DISTRICT (C) TO COMMERCIAL DISTRICT- SPECIFIC USE (C(S)) AT THE REQUEST OF CLASSIC STORAGE STATION 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, Executive Director of Community Services. Page 3 of 8 - 2/25/2002 w w CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-568 - 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 11, OUT OF LOT 20, ALLISON RICHEY GULF COAST HOMES SUBDIVISION, SECTION 9, H. T. & B. R.R. COMPANY SURVEY, A-234, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1022)(7205 CLIFF STONE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-l) AT THE REQUEST OF KEVIN T. MORTON, 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 READING OF ORDINANCE NO. 509-569 - 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 .76 ACRES OF LAND SITUATED IN A 10 ACRE TRACT OF LAND IN THE SOUTH ~ OF THE NORTHEAST ~/~ OF THE SOUTHEAST N OF THE G.C. SMITH SURVEY, SECTION 16, A- 546, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1021)(6033 SHARONDALE) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R- 1) AT THE REQUEST OF HECTOR L. & ELVIA M. GUERRERO, 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, Page 4 of 8 - 2/25/2002 w CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-570 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 2.2488 ACRES, OUT OF AND BEING PART OF A 60.13 ACRE TRACT, ALLISON RICHEY, ALLISON RICHEY GULF COAST HOME COMPANY'S SUBURBAN GARDENS, H. T. & B. R.R. COMPANY SURVEY, SECTION 10, A-505, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1019) (BROOKSIDE ROAD)FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF TONG & TRUC QUAN BACH VO, 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. Sa CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-571 - 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.7219 ACRE TRACT OUT OF A 40 ACRE TRACT, CALLED TRACT 35, H. T. & B. R.R. CO. SURVEY, SECTION 7, A-219, AS RECORDED IN VOLUME 850, PAGE 635, DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1023) (6215 DUBLIN LANE)FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF KYLE HUNT, 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. Page 5 of 8 - 2/25/2002 Sm w 10. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION #5 FOR DRAINAGE STUDY, SURVEYING AND RIGHT-OF-WAY DOCUMENT PREPARATION SERVICES ASSOCIATED WITH THE PEARLAND MOBILITYAND DRAINAGE BOND PROGRAM. Mr. Joe Wertz, Jr., Project Director. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION #3, SUPPLEMENT #1, FOR ENVIRONMENTAL COMPLIANCE AND LAND PURCHASE SERVICES ASSOCIATED WITH THE PEARLAND MOBILITYAND DRAINAGE BOND PROGRAM. Mr. Joe Wertz, Jr., Project Director. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 1054 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABANDONING A CERTAIN FORTY FOOT (40') WIDE RIGHT OF WAY LOCATED ADJACENT TO LOTS 3 AND 4 OF THE L.W. MURDOCK SUBDIVISION IN THE A.C.H. & B.R.R. CO. SURVEY, SECTION 2, ABSTRACT 507, WITHIN THE CORPORATE CITY LIMITS OF PEARLAND, BRAZORIA COUNTY, TEXAS; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING THE CONTINUED FEDERAL FUNDING OF THE CLEAR CREEK FLOOD CONTROL PROJECT. Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 1055 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, GRANTING THE CONSENT OF THE CITY OF PEARLAND, TEXAS, TO THE CREATION OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 WITHIN THE CITY'S CORPORATE BOUNDARIES; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A Page 6 of 8 - 2/25/2002 REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. 11. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-29 - 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 QUADRANT CONSULTANTS, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE MYKAWA ROAD WATER AND SEWER RELOCATION PROJECT. Mr. Joe Wertz, Jr., Project Director. 12, CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2002-35 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT WITH WAL-MART STORES, INC., FOR THE CONSTRUCTION OF TRAFFIC IMPROVEMENTS AT THE INTERSECTION OF DIXIE FARM ROAD AND F.M. 518. Mr. Alan R. Mueller, Deputy City Manager. 13. CONSIDERATION AND POSSIBLE ACTION - REMOVE FROM TABLE ACTION REGARDING A PERMIT FOR THE LITTLE LEAGUE PARADE. City Council. 13A. CONSIDERATION AND POSSIBLE ACTION - REGARDING A PARADE PERMIT FOR THE LITTLE LEAGUE. City Council. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE SECTION 551.072 DISCUSSION WITH CITY ATTORNEY REGARDING THE ACQUISITION OF LAND. Mr. Darrin Coker, City Attorney. Page 7 of 8 - 2/25/2002 NEW BUSINESS (CONTINUED): 14. CONSIDERATION AND POSSIBLE ACTION DIRECTION TO STAFF REGARDING THE ACQUISITION OF LAND. Mr. Darrin Coker, City Attomey. XI. 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 8 of 8 - 2/25/2002